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LOCAL NEWS
SaturdayNovember212009



x58
Scott, Springsteen released from jail
Updated: 6/24/2009 3:03 PM
By: News 8 Austin Staff

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Comprehensive Coverage
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Click the link for a special section News 8 offers as your source for story updates, background information, court documents made public record and history pertaining to the events that occurred in December 1991 at a North Austin I Can’t Believe It's Yogurt! shop.

In a stunning new development in the Yogurt Shop murder case, State District Judge Mike Lynch released the two defendants on bond.

Defendants Michael Scott and Robert Springsteen were released just before 3 p.m. Wednesday, under $100,000 personal recognizance bonds.

Lynch made good on an order he issued Tuesday to release Scott and Springsteen, should prosecution further delay trial.

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. 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.

Michael Scott was released from jail at 3 p.m. Wednesday.  
The prosecution said Wednesday it needs several more months—possibly until the beginning of next year—to prepare and evaluate new evidence of an unknown male DNA profile. The evidence could change the fate of the case, but prosecution still believes the right men are charged with the crime.

"It would not be prudent to risk a trial until we know the nature of the involvement of this unknown male," Travis County District Attorney Rosemary Lehmberg said.

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The Prosecution
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Many believe the two defendants are guilty of murder, including Travis County District Attorney Lehmberg. For more on her response, watch the video below.

As such, the prosecution filed a motion for a continuance in the capital murder re-trial of Scott. Lynch said he did not anticipate the move, but granted the motion after calling for a recess.

Lynch then announced he intended to keep Tuesday’s promise to release Scott and Springsteen.
Robert Springsteen was also released from jail Wednesday afternoon.  

When both men walked out of jail, it marked the first time in a decade they have enjoyed some form of freedom in a legal case spanning 18 years.

"I'm not sure he's prepared emotionally for that fact that he's going to walk out from behind bars," Springsteen’s lawyer, Joe James Sawyer said.

Springsteen had only words of thanks.

 WATCH THE VIDEO
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Murder Case

News 8's Catie Beck was at Wednesday's hearing and has more on the release of the two defendants.



The Prosecution

News 8's Veronica Castelo shows us why prosecution opted to hold off on the trial, and what answers they want before moving foward.



Final Report

News 8's Catie Beck files her full report on the day's events at the Yogurt Shop murder hearing.



"I just like to thank God and my family and my attorney for this opportunity, thank you," he said.

Scott didn't comment on his release, but his wife Jeannine said she is grateful to have her husband back, but doesn’t feel closure just yet. She said she just wants peace for everyone involved.

"The big day for me is when 12 people declare my husband not guilty, so this nightmare for our family is over and the state can start pursuing the actual perpetrator and give those girls families some peace and the truth," she said. "These men need to be acquitted and sent home."

Springsteen’s lawyer, Sawyer, said he would have favored a trial.

"There is no question that we would prefer trial," he said. "I want them acquitted and free for the rest of our lives."

Scott's re-trial was set for July 6, but now it could take months before it's set again. Defense attorneys want to have their day in court to vindicate their clients, but want their clients to remain free.

"The promise I made him is that he's never going back, we're going to win this case and I don't care how that's done," Sawyer said.

Prosecutors said a trial could happen early next year, and Scott and Springsteen will again wait for a decision, but this time they will wait as free men.

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District Attorney's Response
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Travis County District Attorney Rosemary Lehmberg Thursday issued the following statement:

Today I requested a continuance in the case against Michael Scott, a defendant in the Yogurt Shop murders, whose trial was scheduled to begin on July 6th. Judge Mike Lynch granted that motion but also released both Michael Scott and Robert Springsteen on personal bond, as he indicated he would do in his previous scheduling order.

Requesting a delay in the case was a difficult decision but one that I believe is the best course toward an ultimate successful prosecution of this important matter.

Knowing that Judge Lynch would release both defendants, we requested certain conditions on their bonds, requiring them to remain in Travis County and report to the Court any change of residence, to have no contact with the victims’ families or witnesses, that they not carry weapons or consume alcohol or illegal drugs, that they report to the Court on a routine basis and attend all court appearances.

As you know, both Springsteen and Scott were convicted by juries in June of 2001 and September of 2002. Their convictions were then overturned by the appellate court, but their statements to law enforcement were found to be voluntarily given.

Since the original trial of these two men, new developments in DNA technology have become available. As we prepared for retrial, in March of 2008, we submitted various evidentiary items for what is called YSTR testing. This test looks for male DNA only and is deemed to be the most accurate test for samples that are mixtures of female and male DNA, as in this case.

We sought this testing because we have an ongoing duty and responsibility to use the most up to date science available, to seek the truth in this and all the cases we prosecute.

Currently, it is clear to me that our evidence in the death of these four young women includes DNA from one male whose identity is not yet known to us. The defense asserts that the testing reveals more than one unknown male, but the evidence presented at the hearing on Thursday, June 18th contradicts that notion.

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 both Robert Springsteen and Michael Scott are 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.

My office and the Austin Police Department remain committed to these cases. Their further investigation will continue to be a priority. My commitment to the victims, their families and this community is that we will not give up until all of the people responsible for these terrible and tragic murders are brought to justice.



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