A suspect in the December 1991 Austin yogurt shop murders appeared in court Monday.
Robert Springsteen IV, 32,was granted a new trial over the murders of four girls aged 13-17 who were bound, gagged, raped and shot in the head at an "I Can't Believe It's Yogurt" shop in North Austin.
The suspects set the crime scene on fire before they fled.
A jury found Springsteen guilty and sentenced him to death in 2001. That sentence was commuted to life when the U.S. Supreme Court ruled he couldn't be executed because he was under the age of 18 when the murders took place.
Then the state overturned the conviction, citing a civil rights violation, and granted him a new trial. The Texas Court of Criminal Appeals said prosecutors should have allowed Springsteen's attorneys to cross examine one other suspect, Michael Scott.
Scott's taped confession was used against Springsteen during the original trial.
For the new trial, prosecutors asked Travis County 167th District Court Judge Mike Lynch for a gag order.
Lawyers argued over the extent of evidence obtained during the discovery process to be allowed during the new trial.
Springsteen's attorney, Joe James Sawyer, wants prosecutors to turn over what the state called "work product," or copies of incriminating materials. Prosecutors argued they were only legally obliged to let the defense look at the materials, not make copies of them.
"I think that the court is making a really strong effort to see to it that we get this case discovered, that we have the facts, that we have the evidence and that we move forward to a trial. I really think that the court wants to see it done expeditiously, the state of Texas is determined to drag its feet, make it as difficult as possible," Sawyer said.
The defense attorney will meet with Scott's attorneys for another hearing on Wednesday.
Throughout the appeals process, Springsteen has remained in custody at the Travis County Jail on the four original capital murder charges.
Another pre-trial hearing is set for Oct. 8.
Three other men were arrested for the crime in 1999. Forrest Welborn, the accused lookout and driver, was 15 at the time of the murders. All charges against him were dropped when two grand juries failed to indict him.
Maurice Pierce was released after three years in prison when the DA's office admitted they didn't have enough evidence to bring him to trial.
Springsteen and Scott were the only suspects to confess, which their attorneys say was coerced.
Scott is currently awaiting a new trial as well.
