The judge in the 1991 Yogurt Shop murders issued a court order Tuesday morning that could release two defendants in the case.
Monday, Judge Mike Lynch ordered Robert Springsteen to remain behind bars after he denied his request for a bond reduction. Tuesday, Lynch handed down another order stating, if the prosecution seeks to delay the trial again, he will release the two murder defendants from jail.
That release would be on a personal recognizance bond. Legal experts, who have studied the case, said they can't remember any other capitol murder cases where suspects were given such an option.
"This case is going to be tried, and if the state now attempts to delay the case, he's going to be inclined to let these defendants out on bail," Ray Bass, attorney and case expert, said.
Police arrested Michael Scott and Robert Springsteen on capital murder charges in 1999. In December of 1991, four teenage girls were bound, gagged and shot at the I Can't Believe it's Yogurt shop in North Austin.
Both men confessed to the crime, but later recanted.
Travis County District Attorney Rosemary Lehmberg said, at a hearing last Thursday, the state is still testing and searching for an unknown DNA profile found inside the yogurt shop victims, evidence that has altered the course of the case.
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Yogurt Shop Case
News 8's Catie Beck has been following the case and has more.
 
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Lehmberg declined to comment Tuesday, but members of her office claim they are now deciding what action to take based on the latest decision from the judge.
"The DNA does raise some serious questions, and so I think Judge Lynch has said, 'You know, if you think you have such a good case,' to the state, then let's go forward,'" Bass said.
A brief hearing for Michael Scott is set for 9 a.m. Wednesday.
The judge's scheduling order calls for a questionnaire to be filled out by 5 p.m. Tuesday. Other motions on pretrial action in the Scott case must be filed by 5 p.m. Wednesday.
If deadlines are not enforced, the judge has threatened to release both Scott and Springsteen on the personal recognizance bonds.
Jury selection is scheduled to begin in Scott's re-trial on July 6.
Springsteen's re-trial is unscheduled at this time.
