Judge dismisses charges against 2 men in 1991 murders of 4 teenagers Austin yogurt shop

Murder counts tossed in Texas yogurt shop slayings

AUSTIN, Texas — A judge on Wednesday dismissed murder charges against two men awaiting retrial in the 1991 slayings of four teens at an Austin yogurt shop, after prosecutors admitted they weren’t ready to take the case to a jury.

Robert Springsteen was sent to death row in 2001 after he was convicted in capital murder slaying of one of the girls. Michael Scott had been convicted in her death previously and sentenced to life in prison.

Both convictions were overturned when the Texas Court of Criminal Appeals said Springsteen and Scott were unfairly denied the chance to cross-examine each other. They had implicated each other in statements to investigators.

The men were released on personal bond in June after new DNA tests could not match them to the crime scene and revealed the presence of an unknown male.

Judge Mike Lynch had ordered Travis County prosecutors to say Wednesday whether they would be ready to proceed to trial by January.

With DNA evidence pointing at another possible suspect and a limited ability to use the men’s original statements, District Attorney Rosemary Lehmberg admitted prosecutors weren’t ready for a trial and moved to dismiss the charges pending further investigation.

“Make no mistake, this is a difficult decision for me and one I would rather not make,” Lehmberg said after the hearing.

After Judge Mike Lynch ordered the charges dismissed, Springsteen and Scott smiled at each other and silently shook hands. Scott hugged his wife, Jeannine.

“This has been a long time coming,” Scott said. “I’m happy to be here.”

Bob Ayers, the father of 13-year-old victim Amy Ayers, showed no emotion in the courtroom.

“It took us 10 years to find these guys, so something else will come up along the way too,” he told KEYE-TV after the hearing. “It’s not over.

“This is just the beginning. I want to find this phantom of this unknown DNA and go back to court and finish this.”

The investigation of one of Austin’s most notorious crimes has been bedeviled from the beginning by damage to the crime scene, bungled interviews and prosecution missteps.

Amy Ayers, Eliza Thomas, 17, and sisters Jennifer and Sarah Harbison, ages 17 and 15, were bound, gagged and shot in the head at the “I Can’t Believe It’s Yogurt” store where two of the girls worked. The building was then set on fire, and firefighters poured thousands of gallons of water on it before anyone realized there were bodies inside.

Police chased thousands of leads and received several false confessions. Springsteen, Scott and two other men were arrested in 1999. Charges against the other two were eventually dropped, and neither was implicated by the new DNA tests.

Lehmberg said investigators remain focused on Springsteen and Scott as suspects even while they search for the source of the DNA. The men could be charged again if new evidence emerges, she said.

“There is no statute of limitations on murder,” Lehmberg said.

Springsteen’s attorney, Jim Sawyer, said prosecutors are wasting their time investigating Springsteen and Scott. Both men had initially confessed and implicated each other. They later recanted, saying their original statements were made under pressure by police.

“I hope and I pray that someday we see a trial of those who are in fact guilty,” Sawyer said.