Innocence Lost: The Yogurt Shop Murders

I thought I had seen it all when it came to this case: a stalled investigation, and then nearly a decade later, shocking arrests and two convictions that were then overturned. Still, I was not prepared for the latest developments

In June 2009, nearly 18 years after the yogurt shop murders, Michael Scott and Robert Springsteen - who spent 10 years of their lives in prison - walked out.

When the district attorney admitted that she was not yet prepared to take the men to trial, the judge ordered that the two men be released while they waited; no bail necessary.

Blog: "The Case I Can't Forget"
Photos: Yogurt Shop Case
Case Timeline: Austin Statesman.com
Book: "Murdered Innocents" by Corey Mitchell

Springsteen was allowed to sign his name and walk out of prison. I've never seen anything like that. Here was a man who was once on death row - who was convicted of four murders - walking out pending trial; allowed out on his own recognizance.

"I didn't really quite exactly believe it," Springsteen told me.

The families of the victims couldn't believe it, either.

"I cried for days about it," Maria Thomas said. "When I was told they were let out, I was just angry. I wanted to hit something."

"You just take a breath, and you go, "OK, this is one more thing to deal with," said Barbara Ayers-Wilson.

Until District Attorney Rosemary Lehmberg knows whose DNA was found on one of the murdered girls, she said she won't risk taking either Springsteen or Scott to trial.

"My concern right now is that we identify this unknown male donor," she said. "We're prepared to try the cases again once that's done."

When asked how long that could take, Lehmberg replied, "I can't answer that. It takes as long as it takes."

Springsteen realizes he remains in a sort of limbo - the case could go on for years.

"I really wish we could start trial tomorrow instead of just waiting and waiting and waiting," he said. "I want my name cleared."

Then, on Oct. 28, 2009, when pressured to set a trial date, Lehmberg did the unthinkable. She asked the judge to drop all criminal charges against Robert Springsteen and Michael Scott.

This time, they were really free men.

"Make no mistake," Lehmberg paused while addressing reporters, "this was a difficult decision and one I'd rather not have to make."

This is the last thing any D.A. would want to do - set free two men she is absolutely convinced are killers. But she doesn't have any choice. She either has to identify that male DNA or find new evidence against Springsteen and Scott.

"There is no statute of limitations for murder," Lehmberg continued. "We will continue until the persons responsible for these horrible murders are brought to justice."

"They can come arrest me tomorrow or next year or 15, 20 years down the road and start this process all over again," acknowledged Springsteen.

"I didn't have anything to do with this crime," Michael Scott said outside of court following his release. "I am innocent and I am glad to be at this point where we are at. I'm just ready to move forward."

Original investigator John Jones, now retired, believes he was right all those years ago when he released Springsteen, Scott and the other two teen suspects in 1991 for lack of evidence.

"I guess this day was inevitable," he said. "Until you got the proof, you have no case. Sometimes you just have to accept that and move on."

Eighteen years have now passed since the girls were killed in the yogurt shop.

"This thing's not near over," Bob Ayers said. "Believe me, it's just started. And if it takes a little more time to find the information that we need to find, then so be it."

Said Barbara Ayers-Wilson, "We're gonna get through this. We're gonna figure it out and the girls will be happy. They'll smile down on us when it happens."

As tough as this has been to cover, I hope I will be around to report the final chapter of this case. I think about the girls all the time: Sarah, Jennifer, Eliza and Amy. They'd be in their 30s now… maybe with children of their own.

"The missing - the missing is the hardest part," Maria Thomas said. "I just wish I could have more memories. I'd like to have more memories."
Produced by Gail Abbott Zimmerman and Peter Henderson

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[7samurai]

Take a good look at the photos of what were then four young teenage boys back in 1991 and then look at the details of this horrific crime. Four teenage girls executed and then burned with an accelerant, this is the type of crime that a season Mafia assassin would have turned down regardless of the money offered. It's also the type of crime that only a season assassin would be able to get away with. The teenagers in the pictures none of whom had the skills or training to go in a shop in a mall rape execute and set on fire four human beings and then calmly go back home not covered in blood not reeking of smoke from the fire, not leaving multiple shoe prints from walking and slipping in the blood, and then act like nothing occurred. If the four accused had committed this crime the case would have been solved within the Month. Four aimless teenage boys in a wild killing frenzy would be covered in blood reeking of smoke and walking around in that condition for multiple witnesses to see and report back to the Police. The Austin Police needed this case to be closed and they incorrectly choose what they thought were the easiest targets.

[craigzz]

In any murder, there are many victims, family members want justice, and the more time which passes without it, the more it is hoped for and prayed for. When suspects materialise, this long wait, this long nightmare, of thinking the killer is'nt walking around free, and is finally behind bars, is an overwhelming sense of relief.

The reality is, not all crimes are solved, this was a particularly high profile crime, so a great deal of pressure was put on the authorities to solve it. It must surely be seen as highly suspicious when the original investigating team are replaced, and then suddenly, they have suspects in jail.

These techniques of interrogation are well known throughout history, to generate false positives, they dont work, and they will never work, it is a tactic which seems to be reserved as some desperate measure to solve a case, but in doing so, often results in the destruction of more lives, not less.

It is unfortunate the parents of these murdered children, cannot see these convictions for what they are, and that there need for closure of this awful event, is so great as to allow innocent people to go to prison. Unfortunately, the demands of such families on law enforcment, for answers, only leads to mistakes.

So who really murdered and took these innocent young lives, well, thanks to the then governor Bill Clements, forcing the parole board in 1989 to release prisoners due to overcrowding, you have some prime candidates walking the streets, the serial killer kenneth Mcduff, was at his height around the time and his modus opperandi fits, yet he was dismissed. However, some 20 death row inmates were simply released, along with 127 murderers, so if the killers not among them, try the 60,000 other prisoners released. I guess that would be too much like hard work, so, lets just pull in these guys and force them to confess under duress. I'm sorry, but this is not sound convictions, most courts would never even let this go to trial on such weak evidence, most law enforcment today consider a confession as unsound, it must be proven by other independant evidence, why ? because as strange as it sounds, some people walk into police stations and confess to murder they hav'nt committed, and clearly these confessions were 'forced' I understand the families of the victims, wanting and needing someone to focus there pain on, but not like this.

I think this new investigating 'dream team' need to start doing some 'actual' 'real' police work, and find a match for the DNA, and i would start with those the parole board were forced to release in 1989.

[FoolsGold]

They've already looked for boyfriends.
They've already looked for callous robbers who would be perfectly happy to rape or kill for just a few bucks in the cash draw.
They've not found anyone yet.
So maybe they have been looking in the wrong direction for a profit motive. I don't know.

[janedough32801]

No, it's not about spelling. But it does speak for the intelligence, mentality and integrity of the department.

[wtyates1951]

Why has no one ever questioned police chief Stan Knee or DA Ronnie Earl.I feel sorry for the parents of these girls.but they need to question the motives of the police and the Da's office.Ronnie Earl was a D.A. that cared little about the truth as long as he got a conviction and made a name for himself.Ronnie Earl left Rosemary Lehmberg holding the bag on a case he knew was bogus and would come undone.All of these years wasted,because of peoples egos.Not only do the victims become victimized again.but the American justice system is perverted because a few people would rather promote their careers rather than see justice done.

[wtyates1951]

Why has no one ever questioned police chief Stan Knee or DA Ronnie Earl.I feel sorry for the parents of these girls.but they need to question the motives of the police and the Da's office.Ronnie Earl was a D.A. that cared little about the truth as long as he got a conviction and made a name for himself.Ronnie Earl left Rosemary Lehmberg holding the bag on a case he knew was bogus and would come undone.All of these years wasted,because of peoples egos.Not only do the victims become victimized again.but the American justice system is perverted because a few people would rather promote their careers rather than see justice done.

[stef08713]

My concern with this case is why were those 4 girls left alone in the shop? I held a job in retail when I was 15. There was always a manager or a seasoned adult present whenever we closed the store for the day. For one the money has to be secured and the store has to be locked up properly. And non-employees such as the sister and the 13 yr old would have not been allowed in. This leads me to believe that the shop owners should definitely be looked upon heavily. Sounds to me like the arson was planned knowing that these girls (at least the 2 employees) would be there.

[wtyates1951]

Many of these business's are franchised by local people who may be family friends and are not under corporate supervision.

[kingralphthegreat]

This case demonstrates why the first words out of anyone's mouth when they are picked up by the police is 'I have to speak to an attorney'. Since police can interrogate teens in this country without notifying the parent, parents must train their children in this matter. In one of the interviews the cop even hit the guy. How this garbage even made it through the courts is incomprehensible. Then again, it's Texas, the law and order state. Belch.

[archangel1943]

When I was very young, I met Isidore (Izzy) Zimmerman, who had spent 24 years in prison for participation in a crime for which he was later found not guilty. He was later finally compensated -- albeit very poorly -- for that time spent behind bars. A 'Justice Story' that appeared in New York's Sunday Daily News stated that he died shortly after getting the State's financial settlement, supposedly of disappointment and a broken heart. That being said, my sympathies are with both the victims AND anyone falsely accused. Like some of the others who have commented, I, too, believe that there is Justice -- in this world or the next. As A. Lincoln said, or repeated, "You can fool some of the people some of the time, and all of the people some of the time, but you can't fool all of the people all of the time". God is not mocked.

[archangel1943]

When I was very young, I met Isidore (Izzy) Zimmerman, who had spent 24 years in prison for participation in a crime for which he was later found not guilty. He was later finally -- albeit very poorly -- compensated for that time spent behind bars. A 'Justice Story' that appeared in New York's Sunday Daily News stated that he died shortly after getting the State's financial settlement, supposedly of disappointment and a broken heart. That being said, my sympathies are with both the victims AND anyone falsely accused. Like some of the others who have commented, I, too, believe that there is Justice -- in this world or the next. As A. Lincoln said, or repeated, "You can fool some of the people some of the time, and all of the people some of the time, but you can't fool all of the people all of the time". God is not mocked.