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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