TX TX - Yogurt Shop Murders, Austin, 6 Dec 1991

I always thought there was something funky with these convictions. They didn't seem to have much evidence except the confessions. A grand jury failed to indict one guy and 2 others spent 9 years in prison for a crime someone else may have commited. Those beautiful girls need justice, they need to make sure the right guy did it.
 
Fifty other people confessed to these murders. DNA on 3 of the victims do not match any of the suspects. They are being held in jail pending the new trial. one lawyer is trying to get his client released.

"The state has relied on allegations charges and tainted witnesses -- people saying our clients confessed. It was all words, all a house of cards, used to deprive our clients of nine and a half years of their lives and what we're offering is what they should have been offering -- scientific evidence,"

http://www.keyetv.com/content/news/...ogurt-Shop-murder/MPT20ak8HUKM2mTmR9R3wQ.cspx

OMI, there is no way to reconvict probably innocent men with this DNA evidence... they need to drop the charges and reinvestigate the whole thing.
 
This was a high-profile case (and conviction) in Austin around ten years ago.

"State District Judge Mike Lynch this morning ordered yogurt shop murder defendants Michael Scott and Robert Springsteen released from jail pending trial after postponing Scott’s previously scheduled July 6 re-trial at prosecutors’ request.

Travis County prosecutors said they wanted more time to determine whose DNA was found in March 2008 in vaginal swabs taken from 13-year-old victim Amy Ayers. That DNA was later found in another teenage victim.

Defense lawyers for Scott opposed the request, saying they feared that prosecutors would use it to find additional evidence against their client.

Michael Scott’s wife, Jeannine Scott, said she is happy her husband is coming home after almost 10 years behind bars, but nothing short of a dismissal of charges will satisfy her.

“It’s just another tactic, it’s another delay,” she said. “The evidence already shows they have the wrong men.”

At a press conference, Travis County District Attorney Rosemary Lehmberg read from a statement that said, in part: “The reliable, scientific evidence in the case presents one, and one only, unknown male donor. Given that, I could not in good conscience allow this case to go to trial before the identity of this male donor is determined, and the full truth is known.

“I remain confident that Robert Springsteen and Michael Scott are both responsible for the deaths at the yogurt shop but it would not be prudent to risk a trial until we also know the nature of the involvement of this unknown male.”

http://www.statesman.com/blogs/cont...009/06/24/prosecutors_ask_for_yogurt_tri.html

More background here.

http://blog.law.northwestern.edu/bl...lehmberg-and-the-yogurt-shop-murder-case.html

(Prosecution motto: never let go, never -- Nifong, eat your heart out.)
 
Hi, Wudge! Thanks for posting these links. I remember when this crime occurred. It was very frightening, since I knew teens who worked at yogurt & sandwich shops late into the night. I remember being happy when someone was held accountable for the crime.

I am a BIG supporter of the innocence project: I have learned so much about wrongful convictions that I have just about lost faith in our legal system. (For those of you who don't remember, I have a son who was accused of causing an accident that resulted in severe harm to another: it took two years to prove my son's innocence (and yes, although the law states you are innocent until proven guilty, we HAD to PROVE his innocence.)

This is a very interesting case. I am scratching my head over two things. #1....Whose DNA is in that victim? and #2.....why would the defense be AGAINST further testing?

I look forward to following this case to it's end.
 
I always thought that case was bogus. They convicted those young men while the real killer was out to do who knows what.
 
Hi, Wudge! Thanks for posting these links. I remember when this crime occurred. It was very frightening, since I knew teens who worked at yogurt & sandwich shops late into the night. I remember being happy when someone was held accountable for the crime.

I am a BIG supporter of the innocence project: I have learned so much about wrongful convictions that I have just about lost faith in our legal system. (For those of you who don't remember, I have a son who was accused of causing an accident that resulted in severe harm to another: it took two years to prove my son's innocence (and yes, although the law states you are innocent until proven guilty, we HAD to PROVE his innocence.)

This is a very interesting case. I am scratching my head over two things. #1....Whose DNA is in that victim? and #2.....why would the defense be AGAINST further testing?

I look forward to following this case to it's end.


(I had a great 4th.)

A re-trial was scheduled to start July 6th. However, on June 23rd, prosecutors asked for more time to investigate the DNA results. But the Judge told the prosecutors that if they wanted more time, he would release Michael Scott and Robert Springsteen (Springsteen received a death sentence). The Judge was true to his word, and the prisoners were released.

The defense wanted the trial to start as scheduled (July 6th). They strongly believe the new DNA evidence would have resulted in an acquittal, so they were bothered by the prosection's request for more time. The defense is concerned about LE and/or the prosecution pulling some shenanigans. It's fair to say that the defense does not trust LE or the prosecutors one iota -- defense attorneys have long alleged that LE forced/coerced Springsteen's confession.

Regarding your question: whose DNA is it? That's the magic question. But it did not come from Springsteen or Scott.

As for what happened to your son, I do not recall reading about it. If you posted on the happenings, please provide me with the thread link. I would like to read about what transpired.

It sounds like your son's case was eventually settled to the satisfaction of the family, no doubt after great worry, expense, trial and tribulation. Moreover, it sounds like the bloom came off our judicial system for you. As you know, many who post here consider our system to be quite gilded. It's always a wrenching experience for people who are forced to learn the truth.

Every year, I receive a few out-of-the-blue communiques from people who, over the years, have posted in crime forums and remember me. Usually, the communique relates to a family member who has suddenly found themselves in serious jeopardy with the law -- yes folks, it can easily happen to you or yours. Unfortunately, a lot of damage is often done before any astute advice can be given to them or legal representation is obtained and appears.

(Remember, anything you "do" or "say", can and "will" be used against you. And I do I mean "anything".)
 
LE isn't perfect and neither is our justice system. Sometimes they make mistakes, and when they do the person or persons they pointed to, plus their family and friends all pay for that.

Kgeaux I am so sorry for what happened with your son. And somehow I feel like me saying that I am glad your son managed to get everything straightened out isn't enough, because I know it had to have cost you financially and emotionally. Never the less, I am glad it did get straightened out eventually.

I still think that as flawed as it is and I know that there are flaws, our system is better than so many others. But I will admit that it could be better.
 
I always thought that case was bogus. They convicted those young men while the real killer was out to do who knows what.

I never thought this killing was the work of teenagers. I always thought it was someone older. Wasn't there also a suspect who ran to Mexico? Maybe I am thinking of another case. I'll never forget seeing those girls' faces on the billboard they showed during Unsolved Mysteries. Smiling, happy and so young. They deserve true justice.
 
I never thought this killing was the work of teenagers. I always thought it was someone older. Wasn't there also a suspect who ran to Mexico? Maybe I am thinking of another case. I'll never forget seeing those girls' faces on the billboard they showed during Unsolved Mysteries. Smiling, happy and so young. They deserve true justice.

LE looked at many people (suspects), but came to focus on four males, Robert Springsteen, Michael Scott, Forrest Welburn (alleged lookout but not indicted by either of two Grand Juries) and Maurice Pierce. The D.A. alleged Pierce to have been the mastermind and obtained an indictment against him only to drop all charges three years later (in 2003) based on a lack of evidence.

Nevertheless, both LE and the current D.A., Mary Lehmberg, maintain that all four men were involved in the 1991 murders of Amy Ayers (13), Eliza Thomas (17) and sisters Sarah Hobson (17) and Jennifer Hobson (15), all of whom had been stripped, bound, gagged, shot in the head and burned in a fire that is alleged to have been set to destroy evidence. However, only Michael Scott and Robert Springsteen were tried and convicted. Robert Springsteen was convicted in a 2001 trial and sentenced to death. Michael Scott was convicted in a 2002 trial and sentenced to life-in-prison.

In June of 2006, the Texas Court of Criminal Appeals (CCA) ruled -- after considering the appeal issues for almost three years -- that Robert Springsteen's trial had violated his Sixth Amendment right to confront witnesses against him (confrontation clause). The CCA remanded the case back to the D.A..

Following suit, in June of 2007, the Texas Court of Criminal Appeals (CCA) ruled that Michael Scott's trial had also violated his Sixth Amendment right to confront witnesses against him (same confrontation clause issue). The CCA ordered a new trial.

Eventually, the original trial Judge, Michael Lynch, ordered both Springsteen and Scott remanded back to Travis County with orders that they were to be held in jail there for their new trials.

Now, the D.A. is faced with the new DNA evidence (re-testing produced it in March of 2008) that was found in the body of thirteen year-old Amy Ayers -- no one claims that she was sexually active. Moreover, LE has since compared the new DNA evidence to that of Amy's former teenage friends (and over 100 other people) and not found a match.

Still, the key is that the DNA evidence doesn't match any of the four men that the D.A., Mary Lehmberg, and LE still maintain are responsible for the four murders and the subsequent torching of the yogurt shop (I Can't Believe Its Yogurt). Further, not a shred of physical evidence ever tied any of these four men to the murders.
 
Still, the key is that the DNA evidence doesn't match any of the four men that the D.A., Mary Lehmberg, and LE still maintain are responsible for the four murders and the subsequent torching of the yogurt shop (I Can't Believe Its Yogurt). Further, not a shred of physical evidence ever tied any of these four men to the murders.[/QUOTE]

Please excuse the snip. This is hard to believe and smacks of the legal system just wanting to close the case. I find it very hard to believe that four young men could be all over a murder scene like this one and not leave any physical evidence, especially since this was before DNA testing was all the rage and all the criminals knew about.

This looks like some serious injustice.
 
Still, the key is that the DNA evidence doesn't match any of the four men that the D.A., Mary Lehmberg, and LE still maintain are responsible for the four murders and the subsequent torching of the yogurt shop (I Can't Believe Its Yogurt). Further, not a shred of physical evidence ever tied any of these four men to the murders.

Please excuse the snip. This is hard to believe and smacks of the legal system just wanting to close the case. I find it very hard to believe that four young men could be all over a murder scene like this one and not leave any physical evidence, especially since this was before DNA testing was all the rage and all the criminals knew about.

This looks like some serious injustice.[/QUOTE]


Remember, the shop and bodies were set on fire. Still, these four men were initially targeted, because LE found out that the alleged mastermind, Michael Pierce, possessed a .22 caliber pistol, and one of the two murder weapons was a .22 caliber gun (13 year-old Amy Ayers was also strangled). However, ballistic testing proved it was not the .22 caliber gun used in the murders. Neither of the murder weapons were ever found.

Michael Scott confessed after an intense eightteen hour interrogation, during which a detective, Robert Merrill, took a gun out, went behind him and held something against his head. Detective Merrill testified that he was just role playing.
 
An update of this case was just on 48 Hours last Saturday night. Last October, both Michael Scott and Robert Springsteen were released from prison with all charges dropped. They can't be retried unless new evidence is presented against them. Also, they are still trying to determine who the DNA belongs to that was found at the scene, which apparently did not belong to Springsteen, Scott or the other two guys that were originally arrested for the crime back in 1999, Maurice Pierce and Forrest Welborn.

I can't believe I have never heard of these horrible murders before! I don't think the four arrested were responsible either. I hope they can match up the DNA to someone in the system soon. I can't believe someone can commit such a heinous crime and not be a repeat offender.

http://www.cbsnews.com/stories/2010/01/09/48hours/main6076933.shtml?tag=contentMain;contentBody
 
An update of this case was just on 48 Hours last Saturday night. Last October, both Michael Scott and Robert Springsteen were released from prison with all charges dropped. They can't be retried unless new evidence is presented against them. Also, they are still trying to determine who the DNA belongs to that was found at the scene, which apparently did not belong to Springsteen, Scott or the other two guys that were originally arrested for the crime back in 1999, Maurice Pierce and Forrest Welborn.

I can't believe I have never heard of these horrible murders before! I don't think the four arrested were responsible either. I hope they can match up the DNA to someone in the system soon. I can't believe someone can commit such a heinous crime and not be a repeat offender.

http://www.cbsnews.com/stories/2010/01/09/48hours/main6076933.shtml?tag=contentMain;contentBody

sure seemed like they were spoon feeding scott and springsteen there confessions watching those tapes.
my question is this, while dna evidence wasnt either avaialable, or reliable, at the time of the crime (1991) it sure was at the time of the trials (2001, 2002) why wasnt it tested then?
 
I saw this case on 48 Hours and I believe they are innocent. I have a real problem with the DA. She appears to really want to stick this crime to these four even with the DNA evidence. Instead of admitting a mistake had been made, she goes on to say that the DNA belongs to an unidentified 5th person that was with the boys that night. That is just insane! I hope the DNA is eventually linked to someone and the DA offers a heartfelt public apology!
 
I saw this case on 48 Hours and I believe they are innocent. I have a real problem with the DA. She appears to really want to stick this crime to these four even with the DNA evidence. Instead of admitting a mistake had been made, she goes on to say that the DNA belongs to an unidentified 5th person that was with the boys that night. That is just insane! I hope the DNA is eventually linked to someone and the DA offers a heartfelt public apology!

reasons are pretty simple.
it would one) admit they locked up innocent people for crimes they didnt commit
two) admit that a brutal quadruple murderer has been on the loose for over 18 years now, and god knows how many other victims he has.
 
The only evidence against Springsteen and Scott was their "confession", that included "details of the crime only the perps would know". This "confession" was obtained by multiple detectives that included Hector Palacio who was eventually fired for a number of transgressions including "rough interigations". He later became famous for having obtained the "confession" that included "details of the crime only the perps would know" from Richard Ochoa in the Nancy DePriest murder case. Two kids were convicted of murder soley on the basis of that confesion. They were convicted in spite of the fact that the victim appeared to have been raped yet the semen belonged to unknown third party. Eventually the unknowed third party came forward and confessed to comitting the crime alone (his DNA was a match).

This case appears to be pretty much the same (except that the kids who didn't "confess" weren't prosecutted). I suspect it is going to cost The city of Austin or Travis county quite a bit.
 
the ironic part is the prosecutor knew the confessions were weak evidence and wanted the dna so she could make it air tight. boy that sure backfired huh? now she's scrambling to make excuses.........its very much like the juan rivera case where the dna cleared him but the proescution got another conviction based on his 'confession' (which didnt remotely fit the facts of the case) and the claims that the victim (an 11 year old girl) had multiple sex partners or the crime lab screwed up (since when does the prosecution BENFIT from bad lab work?)
then there was the case in buffalo where the woman was convicted of strangling her daughter based on her boyfriends testimony. now it appears he was the killer all along (thanks to dna evidence not available back then) but since they gave him immunity to testify, they are now claiming the little girl died of drug overdose. so after 15 years of fighting to clear her own name, the mom now has to essentially clear her daughter's name too. and the real killer walks.
 

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