True to his word, State District Judge Mike Lynch dismissed defendants Michael Scott and Robert Springsteen in the yogurt shop murder case Wednesday.
Lynch had said that if the prosecution tried to further delay setting a new trial date at Wednesday afternoon’s hearing, he would dismiss the case.
Prosecution said Wednesday it still had found no identification on new DNA evidence in the case, and would not be ready for trial in August. The state then filed a motion to dismiss, which the judge granted.
Police arrested Scott and Springsteen on capital murder charges in 1999 for the murder of four teenage girls, who were bound, gagged and shot, in December of 1991 at the I Can't Believe it's Yogurt shop in North Austin.
The suspects were accused of killing Amy Ayers, Eliza Thomas and Jennifer and Sarah Harbison.
Both men currently await new trials after their prior convictions in the case were overturned, because confessions they made to police were improperly used to incriminate the other during their respective trials.
In late June, Judge Lynch stated that if the prosecution sought to delay the trial further, he would release the two murder defendants from jail.
The following day the prosecution said it needed several more months—possibly until the beginning of next year—to prepare and evaluate new evidence of an unknown male DNA profile.
Scott and Springsteen were released under $100,000 personal recognizance bonds.
The DNA evidence may have been the key to changing the fate of the case, though the prosecution had said it still believed the right men were charged with the crime.
Attorneys for Springsteen and Scott argued the new DNA evidence in the case exonerated their clients. The DNA testing method used to analyze the evidence wasn't available when the case first went to trial. The method, YSTR, looks for only male DNA.
During a 2008 DNA testing, the state found an unknown male profile in the evidence from the crime. The DNA did not match any of the four suspects originally charged with the crime, including Springsteen and Scott.