TX TX - Yogurt Shop Murders, Austin, 6 Dec 1991

[rob525]

Just reading up on this case for the first time. First off it reminds me somewhat of the Norfolk four case as far as how the police handled the investigation and subsequent findings of innocence.

As most everyone else, I feel those originally convicted are innocent in this case.

I do feel that there were at least three people involved. ( Maybe the two in the booth and the one whom used the bathroom)
Maybe the bathroom was an excuse to see who was in the back room(s)
I think the guy who raped Amy was self conscious about performing the act in front of the others which is why he moved her to the other room. May be he was embarrassed by feelings of inadequacy or his perversion toward young girls. Or he was possibly a less willing participant than the others, who knows.

Also, maybe nothing but all of the booths show a singular chair on each table but no chair where the suspects may have been sitting. Could that mean a third guy was sitting in the chair and when he got up to use the bathroom again, slid it away from the table and out of view in this photo?

 

[kemo]

At about 10:42 PM; just before the girls locked the door, a couple (Tim Stryker and Margaret Sheehan) entered the shop. They noticed two people sitting in the booth nearest the Cash register, the same booth that the chairs had not been placed on the table. The two people were wearing puffy hooded jackets and work boots and Stryker and Sheehan assumed they were adult males but could furnish no description of their facial features an no composites were attempted.

In all likelihood, these two were the perpetrators but Stryker and Sheehan may not have been able to rule any of the “four” either in or out. Customers who had come in during the evening did report a number of “suspicious” types. Is is common for armed robbers to “ case” a shop earlier and return at closing time to do the job. None of them really were consistent with any of the “ four” or the two mystery customers but one customer, who had MP experience and worked in security described one questionable young man as a little older and taller but not otherwise inconsistent with Maurice Pierce. The prosecution argued at trial that it was Maurice and the witness got the age and height wrong.

Incidentally, the Prosecution requested Y-SRT DNA to be extracted from the virginal swabs obtained from the girls. Technology available in 2008 gave that type of DNA the best chance of obtaining a complete, usable read that can accurately be compared to a known donor but it can not be used to compare against the CODIS data base or do a Parabon genetic search.

DNA from an unknown male; not any of the “four” or other known individual, was found on the swab from Amy, Jennifer and possibly Sarah. Since the same male DNA came from two different girls, contamination can be pretty much ruled out.

The was also different unknown male DNA on clothing used to tie up one of the girls. A member of the defense claims that an additional unknown male DNA was found on one of the swabs but the prosecution has not confirmed this. Since no one is currently being charged, the prosecution is not required to disclose this information. I think it is reasonable to assume that at least two unknown men were involved in the crime. The two men to the shop that Stryker and Sheehan saw were most likely them.

 

[rob525]

So another question that I had was concerning the witness whom had the prior law enforcement experience. Did he state whether the two guys were seated in the booth when he was in the store at 10:00 pm or was it just the one suspicious guy standing at the counter? Did they arrive after he left the building and was the suspicious counter guy still around when the married couple arrived at 10:42?
I still believe there were at least three people involved just given the amount of activity that occurred and the relatively short period of time this all happened.
If this guy was with the other two at the booth and had already had an opportunity to take a quick look around the back room on his first trip to the bathroom, he would likely know about the location of the rear door.

 

[kemo]

So another question that I had was concerning the witness whom had the prior law enforcement experience. Did he state whether the two guys were seated in the booth when he was in the store at 10:00 pm or was it just the one suspicious guy standing at the counter? Did they arrive after he left the building and was the suspicious counter guy still around when the married couple arrived at 10:42?
I still believe there were at least three people involved just given the amount of activity that occurred and the relatively short period of time this all happened.
If this guy was with the other two at the booth and had already had an opportunity to take a quick look around the back room on his first trip to the bathroom, he would likely know about the location of the rear door.

As far as I can tell, neither the former MP or anyone else except the 10:42. couple saw the two men. That is why no usable description has been given. Information about the DNA that has been reported certainly leaves open the possibility of three perpetrators. I can think of a few situations where it appears that one man with a handgun was able to control and restrain three women. Two could have done it easily.

 

[Via Marple]

What I find strange is, if the two mystery men were the perps, with intention to carry out a horrific crime, how they could be so brazen to just sit there at a booth, before the store closed. Any number of customers could possibly walk in, even though it was late. The couple could have brought kids with them, who might then wander around the store and check out those guys at close range ....

I can believe that those two were up to no good and that's why they never came forward as witnesses. But beyond that, I am not sure.

 

[rob525]

I will go back and check the various statements/ articles but from what I remember, the couple came in at 10:42 while the two were seated in the booth, got there yogurt. Meanwhile, the other girls were in the process of cleaning up / placing chairs on tables. Was it stated how long the couple stayed in the store, did the pair in the booth depart while they were in the store? I believe the doors were locked at 10:50 per the married couple which means they remained for awhile. I am wondering because if there was a third guy whom went to the back to use the restroom while the couple are in the shop. Did the third guy linger in the back until the couple left? OR did the pair in the booth leave, only to be let in the back door by guy #3.

There is another reason while I think it was more than two guys involved but have been trying to figure out a correct way to state it. So, I hope this does not come off the wrong way.

It has been stated that one guy raped Amy , the 13 year old. And given the DNA tranfer the other three girls were raped as well, one girl may have been raped twice. None of this DNA matched the sample from Amy. How did one guy do all of this in, what 45 minutes?

 

[Tuffgong]

My question was always, if there were numerous witnesses that reported seeing the two mysterious guys drinking cans of soda, that night, then those cans have to be somewhere. Can't imagine it would be hard to locate them. Prints, DNA... Where is the trash? I don't buy the police involvement, that is conspiracy stuff, but I do buy incompetence. I think APD is more worried about lawsuits now and any investigation that clears the original four opens them up to it.

 

[jbirner]

APD screwed this up from the beginning, but I do not blame the original lead detective as he was overwhelmed and in over his head. As time went by, it seemed as if the goal was to close the case rather than find the truth.

I know the fire, and the subsequent putting out the fire destroyed alot of the evidence.

 

[John Breden]

To me the most important piece of evidence to solving this case is the witnesses to the mystery men and the DNA. The detectives and the DA involved in this case need to just accept they made a mistake with the four men and move forward. The only way to make it up to the family is to find the real killer or killers. Use the witnesses or the DNA to make a composite sketch or do the genetic genealogy like in the Golden State killer and bring this cold case back to life.

 

[rob525]

This would definitely seem to be a case where ancestral DNA would help. I wonder if the DNA sample has been submitted for that testing.

 

[kemo]

This would definitely seem to be a case where ancestral DNA would help. I wonder if the DNA sample has been submitted for that testing.

The problem is that the one complete DNA profile that is known to be available is Y-SRT. That is from an unknown male derived from the virginal swan taken from Amy. There appears to also be a complete Y-SRT profile for Jennifer’s boyfriend on swabs coming from both Jennifer and Sarah and partial Y-SRT profile from some unknown male that’ s different from the full profile found on Amy’s swab, on both the swab from Jennifer and the swab from Sarah. The significance of this is that the same unknown male raped Jennifer first then Sarah.

There are contradictory accounts of whether or not the Y-SRT profile found on Amy’s swab was also found on Jennifer.

Y-SRT DNA is an excellent way to compare DNA from biological fluids, such as that taken from viginal swab with that of a known suspect because it avoids the complication caused by the mixing of biological materials with that of the victim. (Women have no Y-SRT DNA). It has the disadvantage of not being usable to compare with databases like CODIS or doing a genetic search through GENmatch. For those, a Familial DNA profile is required.

In 2009, it was standard procedure to use only part of the swab and save the rest. If this was done, then additional testing might still be one. The science has progressed since 2009 to the point where trace amounts of DNA can be amplified and full Familial profiles obtained where none, or only partial profiles could have been obtained. In addition, profiles might now be obtained from Eliza’s swab where none could be found in 2009.

The problem is that there is no way to compell the Austin DA’s office to either do such testing or to disclose the results if that testing were done.
Since no one is currently being prosecuted for the crime, there is no right of discovery and Law Enforcement is under no obligation to disclose information on a “pending investigation”. While that sort of test can be expensive, an unsolved quadruple homicide would have the highest priority and most law enforcement agencies wouldn’t hesitate to spend it.

The big question that remains is whether Austin Law Enforcement is more concerned with protecting their reputation and avoiding liability or solving their highest profile unsolved case.

 

[Via Marple]

Usually with those cold cases, it is the families who keep pushing for answers, that lead to LE doing more

 

[Tuffgong]

I have had conversations with Robert Springsteen Sr., who obviously feels his son was railroaded. He also said the DA offered all four no jail time for testimony against the other three, none took it. Polanco could not get a confession with the original investigators. Michael Scott was the mentally weakest of the bunch and low and behold, he gave the first confession. When Scott told Wellborne he should go ahead and confess, they had them, Forrest looked at him and said "what the are you talking about?" Then, boom, DNA that does not fit and the DA says it was five guys, even though both confessions were identical and said four guys. It is insane. But the more you look at court cases, the more you realize, this is the way the crooked business is run.

 

[jbirner]

This case is the best example of what not to do when you are suspected of something you didn't do. Never talk to the police without a lawyer present, or at least know your rights, all of your rights. Michael Scott could have walked out of that room anytime and said that he was not going to say anything more. Yes he was the weakest mentally of the four and he was the first building block toward Maurice Pierce.

 

[Tuffgong]

This case is the best example of what not to do when you are suspected of something you didn't do. Never talk to the police without a lawyer present, or at least know your rights, all of your rights. Michael Scott could have walked out of that room anytime and said that he was not going to say anything more. Yes he was the weakest mentally of the four and he was the first building block toward Maurice Pierce.

When you read the latest book on the case you see how those cops worked him, Reid Technique 101. They played him, taught him his story, etc. It was all about making the case go away, period. Somebody has to go down so it becomes a non-story and the heat is off the DA and police. Everybody knows this case is done, over. APD will never look into it again and there is nothing to look into, too much time has passed. That DNA is worthless because I am fairly confidant that the two guys that did it are already dead. Moreover, APD wants to save the city a lawsuit. The whole thing infuriates me.

 

[jbirner]

It's unfortunate because a homicide investigation, or any investigation for that matter, is supposed to be about finding the truth; even if it takes many years. In this case, it was more about arresting someone and clearing the case.

 

[YESorNO]

'There was more to the story than pictures of the crime scene' | Remembering the victims of the 1991 Yogurt shop murders (with clip)
Former KVUE reporter Dick Ellis has kept in touch with the families over the years as investigators have continued to work to solve the crimes.

May 17, 2019

"AUSTIN, Texas — The crimes were horrific.

Four teenage girls were found shot to death at the I Can’t Believe It’s Yogurt store at 2949 West Anderson Lane in Austin on the night of December 9, 1991.

What may have begun as a robbery turned into a scene of incomprehensible horror...

Former KVUE reporter Dick Ellis covered what many considered to be the crime that lulled Austin from its innocence. A stunned city simply couldn’t comprehend so much violence in the ordinary, everyday setting of a yogurt shop.

Ellis said he decided that with most of the media’s focus on the crimes, there was more to the story that had to be told....

Ellis has kept in touch with the girls' families over the intervening years as they have experienced the ups and downs as investigators continue to work to solve the crimes....

When Ellis and a KVUE photojournalist recently visited two of families for the second part of the KVUE Crime Files series on the yogurt shop murders, Ellis said no one has given up hope that someday justice will be served.

“The parents of the girls say they have moved on in some ways, but they will always carry their daughters in their hearts and memories,” Ellis said. “They and everyone who knew the girls – in fact, everyone who was living in Austin at the time – wait for the day when whoever committed these crimes face their punishment.”...

EDITOR’S NOTE: Dick Ellis will be featured in KVUE's three-part series "KVUE Crime Files," examining the yogurt shop murders. You can find Part 1 here. Part 2 will air Friday, May 17. Part 3 will air Friday, May 24, as Ellis looks at the crime from the APD Cold Case Unit that continues to seek answers as to who committed the crimes at the yogurt shop that December night in 1991."

'There was more to the story than pictures of the crime scene' | Remembering the victims of the 1991 yogurt shop murders
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KVUE Crime Files: The families of the 1991 Austin yogurt shop murder victims still have hope (part 2)

May 17, 2019

"In 1991, four teenage girls were murdered in an Austin yogurt shop. Now, 27 years later, former KVUE reporter Dick Ellis returned to visit the girls' families. STORY: 'There was more to the story than pictures of the crime scene' | Remembering the victims of the 1991 yogurt shop murders "

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KVUE Crime Files: Exploring the 1991 Austin yogurt shop murders

May 10, 2019

"It's been said that Austin lost its innocence the night of December 6, 1991 when four teenage girls were murdered at a yogurt shop in North Austin. STORY: http://bit.ly/2E3WU93 "

 

[Betty P]

When you read the latest book on the case you see how those cops worked him, Reid Technique 101. They played him, taught him his story, etc. It was all about making the case go away, period. Somebody has to go down so it becomes a non-story and the heat is off the DA and police. Everybody knows this case is done, over. APD will never look into it again and there is nothing to look into, too much time has passed. That DNA is worthless because I am fairly confidant that the two guys that did it are already dead. Moreover, APD wants to save the city a lawsuit. The whole thing infuriates me.

Terrible, but not surprising. Have they done anything yet with the DNA evidence or are they still wanting the case to go away?

 

[jbirner]

My hope is they are trying all avenues with the DNA evidence, including the GED match the investigators in the Golden State Killer case used. After all of these years, the victims and the families deserve justice and closure. It's time to put a face and identity to this DNA.

 

[jaejae]

Here is a recent page with information about this case:

True Crime Society - The Yogurt Shop Murders

When I looked the thread about this case appeared to be shut down but I want to post a blog from the same webpage about another possible multiple victim crime from Texas:

True Crime Society - Missing from Malls- The Fort Worth Trio