A defense attorney said his client should be released from jail based on new DNA test results in the 1991 Austin yogurt shop murders.
The Austin American-Statesman reported attorney Joe James Sawyer said investigators have discovered DNA from unknown males in swabs taken from the bodies of sisters 15-year-old Sarah and 17-year-old Jennifer Harbison.
Sawyer represents defendant Robert Springsteen.
Michael Scott and Springsteen were convicted in the killings but the verdicts were overturned on appeal and both men are awaiting new trials.
Their trials are set for Jan. 7.
Prosecutor Gail Van Winkle disagreed that the DNA results would disprove the state's cases against Springsteen, formerly of Charleston, W.Va., and Scott, saying the unknown DNA might have come from someone not involved in the crime.
Sawyer said DNA from the victims also didn't match that of two previous co-defendants.
Van Winkle said the state will do more testing and comparison because contamination could have occurred while evidence was introduced during trial.
Copyright 2009 Associated Press, All rights reserved.
This material may not be published, broadcast, rewritten or redistributed.