1991 Austin yogurt shop murders

Austin yogurt shop murders
Location	Austin, Texas
Date	December 6, 1991 c. 11:00 p.m. (CST)
Attack type	Mass murder, rape, arson
Deaths	4
Perpetrators	Unknown

The 1991 Austin yogurt shop murders is an unsolved multiple homicide case in Austin, Texas. On Friday, December 6, 1991, four teenage girls: 13-year-old Amy Ayers (or Ayres), 17-year-old Eliza Thomas, 17-year-old Jennifer Harbison and her 15-year-old sister, Sarah, were murdered. Jennifer and Eliza were employees of the store while Sarah and her friend Amy were in the shop to get a ride home with Jennifer after it closed at 10pm. In the last half hour a man who was trying to hustle customers in front of him and asked one if he was a cop, was permitted to use the toilet in back taking a very long time and may have jammed a rear door open. A couple who left the shop just before 10pm, when Jennifer locked the front door to prevent more customers entering, reported seeing two men at a table acting furtively.

Around midnight a police patrolman reported a fire in the shop, and responders discovered the bodies of the girls inside. The victims had been shot in the head, some had been raped. A .22 and a .380 pistol were used to commit the murders, and the perpetrator(s) probably exited out through a back door that was found unlocked. The organized method of operation, ability to control the victims, and destruction of evidence by arson indicated an adult experienced in crime rather than teenagers, according to one of the original detectives on the case. Austin Police Department has DNA from an unknown male as a result of one of the rapes.^[1] A Y-chromosome match for the perpetrator DNA has been found in a research database of the Federal Bureau of Investigation but it has declined to reveal the identity of the man in accordance with the law of anonymity for donors, and because thousands of men could bear this fragment of DNA, which is unable to identify individuals.

Murders[]

Shortly before midnight on Friday, December 6, 1991, a patrolling Austin police officer noticed a fire coming from an I Can't Believe It's Yogurt! shop and reported it to his dispatcher. After it was extinguished, firefighters discovered four nude bodies. Each had been shot in the head execution style with a .22 lead bullet. Sarah's hands had been bound behind her with a pair of panties and she had also been gagged and raped. Jennifer was not bound but her hands were behind her back. Eliza had been gagged and her hands were also tied behind her back. All three had been severely charred and shot in the back of the head.^[2]

Unlike the others, Amy's body was found in a separate part of the shop. She was not charred but she had received 2nd and "very early" 3rd degree burns on 25-30% of her body. She was found with a "sock-like cloth" around her neck. She had been shot the same as the others however the bullet had missed her brain. She also had a second bullet which did severe damage to her brain. It exited through her lateral cheek and jawline.^[3] It is thought that the killers had stacked all 4 bodies on top of another but Amy pulled herself off and managed to crawl to a different part of the store. Sarah's and Eliza's bodies were found stacked on top of each other with Jennifer's body next to them which is theorised to have been stacked on top of them but had been disturbed when Amy crawled away. Autopsy results show high levels of a BTU output which suggests an accelerant may have been used. Initial investigations had produced a large number of persons of interest, among them a 15-year-old caught with a .22 (not established to be the murder weapon) in a nearby mall days after the murders. Although he initially gave promising information, after tough questioning, the detectives decided that he was trying to get himself out of the gun charge and eliminated him and three petty criminal friends which he had implicated. None of whom were older than 17 years old at the time.^[4][5]

Several years later, a new detective on the case theorized that the four teens from 1991 were credible suspects. They were now in their twenties. In a string of interrogations conducted by various detectives, confessions were obtained from some of the suspects. They said all four had participated in the murder. No record was kept of what was said to the men in the 1991 interrogations, making it impossible to know whether the detectives had supplied information to the suspects in the initial interrogations. Such information could be used to implicate the suspects in later interrogations, if they were to reference it. Two of the four were sent to trial, entirely for their self-incriminating statements. The prosecution went into a great detail about the horrific nature of the crimes against the young victims, but presented no hard evidence other than the confessions. The two were convicted, one being sentenced to death, and the other sentenced to life imprisonment because he had been 15 at the time. However, the prosecution's tactic of using excerpts of each one's alleged confessions at the other's trial was ruled to have violated the Confrontation Clause because the co-defendant was non-testifying. Both convictions were overturned on the Confrontation Clause alone, and the men were freed in 2009. The prosecution insisted that they would be re-tried. However, forensic investigation showed that the DNA found in a victim was not theirs, nor was that of the other two implicated in their confessions. The prosecution consequently abandoned plans for a retrial.^[6] Texas courts later decided that those released were not entitled to compensation, because they had not proven that they did not commit the crime.^[7]

One of the detectives in the interrogations, Hector Polanco, had been accused of coercing false confessions in the notorious case of Christopher Ochoa and Richard Danziger. Both were released after 13 years in prison; Danziger was assaulted in prison which resulted in permanent brain damage.^{[8][9][10][11] [12]} Seven jurors from the trials have stated that they would not have convicted the men had this evidence been available at the time.^[13][14]

Subsequent events[]

At the time of the murders, a known serial killer, Kenneth Allen McDuff, was in the area. He had a history of multiple murders involving teenagers, but was soon ruled out.^[15] He was executed on November 17, 1998.

False confessions[]

Austin police admit that over fifty people, including McDuff on the day of his execution, had confessed to the yogurt shop murders.^{[citation needed]} A confession in 1992 by two Mexican nationals, held by Mexican authorities, was soon disputed and finally ruled false.^[16]

1999: Four suspects arrested[]

Initial investigations had produced a large number of persons of interest, among them a 15 year old caught with a .22 (not established to be the murder weapon) in a nearby mall days after the murders, but after tough questioning detectives eliminated him and three friends. Several years later a new detective on the case decided that the four teenagers were credible suspects. Two of the four were sent for trial because on their self incriminating statements, and convicted. However, the prosecution's tactic of using excerpts of each one's alleged confessions at the other's trial was ruled to have violated the Confrontation Clause because the co-defendant's was nontestifying. The confessions lacked proof, such as leading police to where the .380 was. Both convictions were overturned and the men freed in 2009. The prosecution insisted they would be re tried. However, timely DNA evidence showed that despite their so called confessions to rape the DNA found in a victim was not theirs, or of the other two implicated in their confessions and the prosecutor abandoned plans for a retrial.

The investigation was complicated by matters internal to the Austin Police Department. Detective Hector Polanco was fired for allegedly coercing confessions. A relationship between Springsteen's father and Austin police data-processing employee Karen Huntley prompted her transfer. Polanco was later reinstated after suing the city for discrimination based on race. He would eventually be promoted and retire with a full pension. He was also involved in coercing a false confession in a previous murder case, which led to the false imprisonment of Christopher Ochoa and Richard Danziger. Both were released after 13 years in prison; Danziger was assaulted in prison which resulted in permanent brain damage.^[17]

2006: Springsteen conviction overturned[]

In 2006, the Texas Court of Criminal Appeals overturned Springsteen's conviction on the basis of an unfair trial.^[18] The U.S. Supreme Court refused to reinstate the conviction in February 2007.^[19]

2008: Scott and Springsteen request DNA tests[]

On August 20, 2008, the defense lawyers for Scott and Springsteen requested DNA testing of alternative suspects.^[20] No matches against evidence discovered earlier that year were found.^[21] Seven jurors from the trials have stated that they would not have convicted the men had this evidence been available at the time.^[22]

2009: Release of Scott and Springsteen[]

On Wednesday, June 24, 2009, Judge Mike Lynch ruled, in response to Travis County District Attorney Rosemary Lehmberg's request that one of the trials be continued, that defendants Springsteen and Scott be freed on bond pending their upcoming trials.^[23] At 2:50 p.m. that day, they both walked out of the Travis County Jail with their attorneys.^[24]

Later that day, Lehmberg responded to Lynch's decision with the following statement:^[25]

Today I requested a continuance in the case against Michael Scott, a defendant in the yogurt shop murders, whose trial was scheduled to begin on July 6. Judge Mike Lynch granted that motion but also released both Michael Scott and Robert Springsteen on personal bond, as he indicated he would do in his previous scheduling order.

Requesting a delay in the case was a difficult decision but one that I believe is the best course toward an ultimate successful prosecution of this important matter.

Knowing that Judge Lynch would release both defendants, we requested certain conditions on their bonds, requiring them to remain in Travis County and report to the Court any change of residence, to have no contact with the victims' families or witnesses, that they not carry weapons or consume alcohol or illegal drugs, that they report to the Court on a routine basis, and attend all court appearances.

As you know, both Springsteen and Scott were convicted by juries in June 2001 and September 2002. Their convictions were then overturned by the appellate court, but their statements to law enforcement were found to be voluntarily given.

Since the original trial of these two men, new developments in DNA technology have become available. As we prepared for retrial, in March 2008, we submitted various evidentiary items for what is called YSTR testing. This test looks for male DNA only and is deemed to be the most accurate test for samples that are mixtures of female and male DNA, as in this case.

We sought this testing because we have an ongoing duty and responsibility to use the most up to date science available, to seek the truth in this and all the cases we prosecute.

Currently, it is clear to me that our evidence in the death of these four young women includes DNA from one male whose identity is not yet known to us. The defense asserts that the testing reveals more than one unknown male, but the evidence presented at the hearing on Thursday, June 18 contradicts that notion.

The reliable scientific evidence in the case presents one, and one only, unknown male donor. Given that, I could not in good conscience allow this case to go to trial before the identity of this male donor is determined, and the full truth is known. I remain confident that both Springsteen and Scott are responsible for the deaths at the yogurt shop, but it would not be prudent to risk a trial until we also know the nature of the involvement of this unknown male.

My office and the Austin Police Department remain committed to these cases. Their further investigation will continue to be a priority. My commitment to the victims, their families, and this community is that we will not give up until all of the people responsible for these terrible and tragic murders are brought to justice.

On October 28, 2009, all charges were dismissed against Scott and Springsteen.

2010: Death of Maurice Pierce[]

On December 23, 2010, Austin police officer Frank Wilson and his rookie partner, Bradley Smith, conducted a traffic stop on a vehicle driven by Maurice Pierce, (who had been a suspect in the yogurt shop killings), in the northern part of the city. After a brief foot pursuit, Pierce struggled with Wilson before removing a knife from his belt and stabbing Wilson in the neck. Wilson, who survived his injuries, subsequently pulled out his gun and shot and killed Pierce.^[26]

Book[]

The murders were the subject of Beverly Lowry's 2016 nonfiction book Who Killed These Girls? Cold Case: The Yogurt Shop Murders,^[27] Corey Mitchell's 2016 nonfiction book Murdered Innocents^[28] and the novel See How Small by Scott Blackwood.^[29]

See also[]

• Las Cruces bowling alley massacre - Similar unsolved crime in 1990
• West Memphis Three

Murders in the Austin area:

• Murder of Jennifer Cave - Also in West Campus
• Murders of John Goosey and Stacy Barnett
• Celeste Beard

References[]

External links[]

• The Yogurt Shop Murders by Former Texas Assistant Attorney General Erik Moebius
• National Organization of Parents Of Murdered Children