http://www.austinchronicle.com/news/2011-12-16/scene-of-the-crime/
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Scene of the Crime
Revisiting the yogurt shop murders: A cold case reconsideration of the 1991 crime points away from the prosecution's assumptions and conclusions
By Jordan Smith, Fri., Dec. 16, 2011
On Oct. 28, 2009, Travis County District Attorney Rosemary Lehmberg stood solemnly behind a lectern choked with microphones.
She had convened a press conference to deliver big news. Ten years after city and county officials gathered to announce that they'd found the four men responsible for the grisly 1991 yogurt shop murders, Lehmberg had decided to dismiss all charges against the only two men ever tried for the crime, Robert Springsteen and Michael Scott.
"Make no mistake, this is a difficult decision for me, and one I would rather not have to make," she told a score of reporters.
But it was the only real option.
Although she still believed Springsteen and Scott were responsible for the crime, she said – despite a lack of any physical evidence connecting them to it...
– ....she had concluded that she must drop the charges because prosecutors had no explanation for explosive new evidence discovered in 2008: unknown male DNA found on a vaginal swab collected at the 1991 crime scene from the youngest victim, 13-year-old Amy Ayers, that does not match Springsteen or Scott, nor the other two men officials say also took part in the crime, Maurice Pierce and Forrest Welborn.....
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Tommy:
I cannot say for sure but, "this evidence only came forward under Brady" after, after, after....the FBI Director made a decision to "open a brief look" at my memo.
Despite any criticisms of Mueller by me made in the past...Mueller does have an open mind about things...and deserves credit for taking a look at this case using "fresh agents" not necessarily tied to "following The Central Texas LEO Group over the cliff".
I think that FBI sniffed around, and forced this info out of the closet. I do believe that it was withheld by Ronnie Earle's office. I do believe that it was a crime to withhold that evidence.
The good news is...you have DNA EVIDENCE.
So did this prosecutor identify the killer, or not?
Got to put her under oath with Ronnie Earle...no?
Sworn statements are far more legitimate then phone calls?
Body language is everything...no?
I still don't think this case is over...or should be considered solved (like The Christina Moore Murder and bogus half assed prosecution by John Bradley at Williamson Cty States Attorney Office).
It's not over when APD COMMANDER SHAUNA JACOBSON and Kurt, ended up dead over this. And a Judge also suicided (?).
I think The FBI in Austin or at HQ, do have something more to say about all this, because the case is not over or solved.
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...Since then, the investigation of the horrifying murders of the four teenage friends – Ayers; Sarah and Jennifer Harbison, 15 and 17, respectively; and Eliza Thomas, 17 – has again gone cold.....
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Tommy:
Has gone cold again?
Not if you consider the Shauna and Kurt Jacobson deaths...as linked and convenient murders for the parties that are behind this whole pathetic charade.
I know someone who "knows or should know" the truth: Stan Knee (former chief at APD), and former decorated officer, Lt. Hector Polonca (linked to other frame ups in other murders?).
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....What it would take, they agree, is a commitment to starting over from the beginning and reconsidering evidence found in crime scene photos, in roughly 130,000 pages of investigative documents, and in the physical elements of the crime – including pieces of evidence still untested for DNA – retained in evidence bags.
And, importantly, say several defense lawyers, investigators should return to the statements of the final customers at the neighborhood yogurt shop that evening, whom they believe were among the last to see the actual killers......
....Farrelly, Sawyer, and Garcia declined to divulge any specific details about the customers or what they said about the two men they saw, because the customers were never called to testify in court, but other sources with knowledge of the case have confirmed a basic account of what the final two customers, a married couple, told police happened on Friday, Dec. 6, 1991, just before 11pm. (Contacted by the Chronicle, the witnesses declined to comment for this story.)...
...Garcia says that he has offered to share with D.A. Lehmberg the timeline the defense developed, but to date, he says, she has not accepted that offer....
...Twenty-five to 27 percent of all exonerations ... involve false confessions; it is a fact that they occur. It is a fact that false confessions occur in Austin, Texas, with the Austin Police Department," Farrelly says. "And the fact that they won't even acknowledge that possibility is where they are going wrong."...
... the problems facing investigators now are precisely those expected when you "try to un-ring a bell," he says. "They want to connect it to those four because they're out on a thin limb, and I think it's been sawed off – according to them, it's only half-sawed off and we can regenerate that limb," he continued.
"There is an undercurrent that people want so desperately to believe that the police and that the legal system is right, that it would be a sign of weakness, or they would lose [public] confidence by admitting they're wrong."....
...Likewise, among the evidentiary details that have always caught her attention, Far?relly says, is the account offered by the owner of the party store next door, who said he didn't hear anything from the yogurt shop save for several popping noises – which the lawyers each assume was gunfire.
The fact that the shop was otherwise silent through a strip-mall wall suggests to Farrelly a certain amount of control over the victims, which she believes only would be possible had the assailants been grown men – and likely men with some previous criminal involvement.
Moreover, the systematic nature of the murders – all the girls undressed, multiple victims raped, the execution-style shootings, and the bodies stacked – suggests experienced, sadistic criminals with far more foresight and ruthlessness than likely for teenage boys.
Ultimately, what the defense lawyers and the current investigators have in common is a stated belief that the crime can be solved. The question – the final one that appears to separate the two camps – is how to get there. "If someone were to come in with an open mind, with no ties to the previous cold case ... and to look at the original investigation ... I think they would come up with a different theory," says Farrelly. "And I think that they would be on the right path."
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Tommy:
There was an agency "...who came in with an open mind, with no ties to the previous cold case...to look at the original investigation...".
The FBI brought in special agents to look at this.
MUELLER did have an open mind on this, and did probably note that it was expedient and wise to "use out of state agents with no ties to Central Texas LEO".
So...with the FBI using my memo, they did notice the timeline evidence of "my posting of the memo" at AUSTIN IMC (in front of Austin FBI and Austin PD's surveillance eyes of this activist website) and the untimely and suspicious death of APD COMMANDER SHAUNA JACOBSON and her husband Kurt. Shauna was tied to this case.
Nothing in this news story mentions this key timeline evidence?
And, no comment about another name in the memo (an appeals judge) who also had an untimely death (suicide)?
FBI might have more to say about this...the case is not over.
Did the two assailants know the girls?
They were allowed to use the bathroom...because the assailants knew the girls...right?....does any stranger get to use the bathroom or is that just for friends?
Would other "late night Yogurt slurpers have a routine" that could tie the assailants to other nights of banter with the girls?
FBI has access to NCIC crime data......so.......how many "arson murders with multiple victims involve stacking the bodies" and "why stack bodies"?
Stacking bodies in front of large windows at a strip mall?
Was the crime scene cased before the crime?
Was a silencer used? Popping noises? Did this witness see or hear any vehicles after the popping noises?
Any phone call evidence (called and recieved) on previous nights leading to an address close by (Moebius info memorialized in my complaint)? Multiple calls? Emails to and from girls a month before the crime?
What was the insurance pay out angle?
Who got paid?
Was this linked to The Pizza Hut (Lt. Hector Polonca) murder of Nancy DePreist? Who got paid? Where did that money go? Under Moebius' theory, the money paid gets moved and shared...no?
Why this particular night, when the assailants had already talked to a cop...and they did not get spooked? How confident and risky is it for the assailants to "usher other customers ahead in line" and "was that done so the assailants were last in line" and hopefully last in the shop (the goal all along)?
This cop (Dearl Croft) is a key witness who had his instincts working and "had a funny feeling" about the guy he talked to on that night, so...hypnosis to pull all facts from this cop?
What about vehicles? Did the assailants walk from a nearby apartment, or drive? Where was the car parked that was driven by the next door neighbor running The Party Store near the murder scene?
How many professional or seasoned murderers "stack bodies"? Why stack bodies like cord wood? How do you rape, control, murder, and stack bodies....at a strip mall with large windows allowing visibility?...and...uh...didn't the murderers try to avoid witnesses (like the next door business owner)?
Did one of the two assailants (who sat at the table that did not have a chair on it as part of the "closing the store modus") live next door?
Was Eric Moebius's theory about insurance fraud correct?
APD COMMANDER SHAUNA JACOBSON was credited with solving the case when supervising the cold case detective's work. She got my memo. What did she do next? Didn't she want to reopen the case broadening it into insurance fraud? Did she get shut down by Chief Stan Knee? Did she talk to the female Austin FBI agent?
Why were The Jacobson's death, part of a timeline, with a subtle cover up by Knee using and paying ARCHIE CARL PIERCE to write a report? Was that necessary? Who thought an outside source was needed to close the Jacobson death spin control?
What happened to the court room excited utterance by Kenneth Wayne McDuff who fingered Worley in The Yogurt Shop Murders? Was that correct? Did the DNA match Worley or McDuff?
Who did The Nancy DePreist murder at The Pizza Hut? Was that his (Joseph Achim Morino in Texas State Pen) first capital crime, and "was he involved with the occult" and does he have something to say that supports Moebius' theory on insurance fraud?
What did FBI get from Morino (who came to christ while serving life) about other crimes committed with what other unindicted coconspirators?
Wasn't Nick Milam an attorney who supported Moebius' theory, and wasn't he run out of town by SAN ANTONIO FBI working with INSURANCE COMPANY INVESTIGATORS (as reported by Bill Conroy at The San Antonio Business Journal)?
What did Stan Knee say to The FBI on all this?
Is this case over?
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http://www.austinchronicle.com/blogs/news/2010-12-24/former-yogurt-shop-suspect-killed-by-apd-updated/
Former Yogurt Shop Suspect Killed by APD (Updated)
By Jordan Smith, 1:02PM, Fri. Dec. 24, 2010
Austin Police shot and killed former yogurt shop defendant Maurice Pierce around 11pm Thursday night, after pulling Pierce over on a traffic stop in North Austin.
According to APD, Pierce ran a stop sign near Parmer Lane and McNeil Drive around 10:54p. After pulling over, officials say Pierce got out of the car and fled on foot. One officer -- Brad Smith, a rookie -- followed Pierce in a patrol car, while a second, five-year veteran Officer Frank Wilson, pursued Pierce on foot to the 12800 block of Carrera..............
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