The attorney for convicted yogurt shop murder defendant Robert Springsteen IV is trying to get her client off death row.
On June 1, 200, Springsteen was sentenced to death for the 1991 murder of Amy Ayers, 13 in North Austin “I Can’t Believe It’s Yogurt!” shop. Eliza Thomas, 17, and sisters Jennifer Harbison, 17; and Sarah Harbison, 15 were also killed. Police believe four teenage boys orchestrated the robbery of the restaurant and the murders of the four girls.
Springsteen's attorney argued to the state court of criminal appeals to overturn his death sentence because co-defendant Michael Scott’s confession was used at Springsteen’s trial.
In January, News 8 Austin’s legal analyst Ray Bass said the cause for an appeal was a valid one.
"The judge permitted the jury to hear not only his confession, but the confession of Mr. Scott, the theory being that it tends to corroborate Springsteen's confession because they're so similar in nature," Bass said.
In September 2002, Scott was also convicted for Ayers’ death. He was sentenced to life in prison.
The appeal is standard for all death sentences. The case is now in the hands of the nine judges on the criminal court of appeals. A court decision typically takes at least six months.
In January, Maurice Pierce, a third suspect in the crime, was released from jail when District Attorney Ronnie Earle said he didn’t have enough evidence to go to trial. Pierce was the accused mastermind of the murders and the case against him remains open.
Two grand juries failed to indict Forrest Welborn, the fourth suspect.