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SaturdayNovember212009



x58
Yogurt shop murder attorneys back in court
6/11/2008 4:23 PM
By: Michael Pearson

Defense attorneys in the Yogurt Shop Murder case are frustrated, not just about what is happening in court, but about what is not happening.

Yet another pretrial hearing took place Wednesday, in a case now approaching 18 years old.

The brief hearing for defendant Michael Scott involved more wrangling between prosecutors and defense lawyers over the protocol for new testing of old DNA evidence.

That evidence involves semen found on the body of 13-year-old Amy Ayers, one of four young girls murdered in 1991 at a North Austin yogurt shop before the store was set ablaze.

Defense attorneys said the DNA found on Ayers does not match the DNA of their clients Michael Scott and Robert Springsteen or of two other defendants initially charged with the crime, but later released.

In light of the new DNA evidence, those same defense attorneys questioned the district attorney's intention to try their clients for a second time for the crime. Prosecutors have refused to discuss the case outside of court.

Meanwhile, defense attorneys continued to express frustration that Judge Mike Lynch has not allowed Springsteen and his lawyers' participation in pretrial hearings, even though they are co-pleaders in the pretrial motions concerning the new DNA testing.

Lynch has ruled that Michael Scott's trial will go first, tentatively set for October. Springsteen's will follow, most likely early next year.



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