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LOCAL NEWS
SaturdayNovember212009



x58
Two of four murder suspects still in legal limbo
12/7/2006 3:58 PM
By: Jennifer Bordelon

 
It would be several years after four teenage girls were murdered in an I Can't Believe It's Yogurt! franchise in North Austin that police would find and prosecute four suspects.

Robert Springsteen, Michael Scott, Maurice Pierce and Forrest Welborn were accused of murder. Sisters Sarah and Jennifer Harbison, Eliza Thomas and Amy Ayers were found shot in
the head on Dec. 6, 1991.

Springsteen and Scott confessed. Pierce and Welborn never did.

It would be another eight years before prosecutors filed charges against any suspects. In 1999, a cold case unit took over the case.

The latest development is in Springsteen's case. In May, his case was overturned by the Texas Court of Criminal Appeals. Prosecutors built their argument against Springsteen using a written confession from Scott.

Springsteen's lawyer, Mary Kay Sicola, argued her client was unfairly convicted because defense attorneys were not allowed to cross examine Michael Scott.

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Yogurt shop suspects

Years after Austin's yogurt shop murders, two of the four suspects still await legal appeals and a possible retrial.



"We live in a country where we have a right to confront the witnesses against us. And he simply wasn't given the opportunity in this case," Sicola said.

The court agreed with Sicola based on the Sixth Amendment of the U.S. Constitution.

By the end of December, the Travis County District Attorney's office plans to seek a review of that decision from the U.S. Supreme Court.

"If the Springsteen case stays reversed, if the U.S. Supreme Court refuses to grant a review, then we will retry Robert Springsteen," Travis County Assistant DA Bryan Case said.

If that happens, the case will go before Judge Mike Lynch in the 167th District Court - the same court that heard Springsteen's original trial.

 
In the meantime, Springsteen will remain in a prison outside of Galveston.

"Because he's indicted on three other cases, he does not get to get out of jail," Case said.

As for Michael Scott, the Texas Court of Criminal Appeals accepted his case for review. Just like Springsteen, the court could also decide to reverse Scott's claim.

Then there's the accused ringleader Maurice Pierce, who was released after three years in prison when the DA's office admitted they didn't have enough evidence to bring him to trial. But that doesn't mean he's in the clear.

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For more information
More Information

Check out News 8 Austin's comprehensive coverage of the yogurt shop murders, including a
timeline of events.

"There are continually people looking at that case. Someday, maybe evidence will come up or advances in science and that case will be re-indicted again," Case said.

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.

With the possibility of Springsteen's case going before the U.S. Supreme Court and Scott's trial being overturned, it will still be plenty of time before the victim's families find closure.



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Troubled Waters
News 8's Jenna Hiller explored the troubled waters in Central Texas and traveled down the Colorado River in search of information. Click on the links to watch, read and interact.

Part 1: Regional cooperation drying out
Part 2: Texas rice farmer takes on water wars
Part 3: Security of supply saturates perception
Part 4: Bad news travels near and far
Part 5: Bad news travels near and far

Where does your water come from?

Join us on Dec. 1st for the Sons of Anarchy Season Finale Party at Texas Custom Choppers.

For News 8's continuing coverage of the Fort Hood mass shootings visit our Fort Hood Shooting section, watch video from reporters in the field and press conferences with officials, and view our photo galleries: The Day Of The Shootings | The Memorial | The Victims
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