Yogurt Shop Murder Re-Trial Set

AUSTIN - State District Judge Mike Lynch has set a re-trial date for Michael Scott, one of the convicted murders in the 1991 yogurt shop slayings. Judge Lynch has issued the trial to start July 6 and stated that if the Travis County prosecutors seek to delay the re-trial he will release the two defendants from jail.

Both Michael Scott and Robert Springsteen were convicted of capital murder  for  killing 4 teenagers at the "I Can't Believe It's Yogurt Shop" in North Austin. Amy Ayers, Eliza Thomas and sisters Sarah and Jennifer Harbison were bound, gagged and shot to death in 1991.

Last Thursday, Robert Springsteen's attorneys brought new dna evidence to the judge that claims both Scott's and Springsteen's innocence.  Springsteen's defense attorney, Joe James Sawyer, maintains DNA testing proves police forced the confessions, specifically Springsteen's admission he'd raped Amy Ayers.

Judge Lynch ruled on Monday that it would take a much more extensive, and lengthy hearing to determine the accuracy of that dna test which could interfere with Scott's re-trial. Springsteen's trial has not be set.

Travis County prosecutors are now faced with a short amount of time to answer questions about the new dna evidence.  Both defense attorneys say the dna came from at least two other men on Eliza Thomas and inside Sarah and Jennifer Harbison. One sample was from Jennifer's then boyfriend.  Both Scott and Springsteen confessed to the killings, but have since recanted. 

Judge Lynch has issued a warning to prosecutors that any delay will lead to Scott and Springsteen's release from jail.

“Any such motion by the state would, if granted, result in this court granting both this defendant and Robert Springsteen release on personal recognizance bonds,”  wrote Judge Lynch.

Formal jury selection begins 9 a.m. on July 6th.