PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of scientific research showing how vulnerable suspects are to widely used interrogation methods such as the notorious ‘Reid Technique.’ As all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.
Harold Levy: Publisher; The Charles Smith Blog:
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PASSAGE OF THE DAY: "Hostile interrogation methods common during that time — including physical intimidation, threats of violence, promises of leniency and marathon sessions at irregular hours — have since drawn scrutiny, said Steven Drizin, an emeritus law professor at Northwestern University who has studied wrongful convictions. In Austin in the early 90s, these tactics produced a murder confession from a college student whose girlfriend had left town. Drizin likened the interrogations to “psychological torture.”
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PASSAGE TWO OF THE DAY: "Keith Hampton, a longtime Austin defense attorney who represented yogurt shop suspect Pierce in 1991 and who has worked on Austin-area exonerations, said he remembers the culture of Austin courtrooms and the police department of the 1990s and early 2000s. “It takes a long time to change a culture and to change an attitude,” Hampton said. Until DNA proved many confessions false years later, “It was a joke that somebody was innocent.” In a statement, Austin Police Chief Lisa Davis said that policing has “undergone a remarkable transformation” since the 1990s when detectives around the nation deployed dubious investigative techniques." But despite efforts at reform, academics who have studied false convictions in Austin say that it’s likely that culture persisted through the 1990s and after it."
STORY: "How Austin police got the yogurt shop murders wrong," by Pubic Safety Reporter Austin Sanders and Latin Communities Reporter Emiliano Tahui Gómez published on October 5, 2025. (Austin Sanders has covered public safety in Austin for over six years, with a focus on shifting trends in policing practices, civilian oversight of law enforcement, and new developments in how cities handle emergency medical services and fire response. Emiliano Tahui Gómez covers Latinos in Austin for the Statesman, including immigration, displacement and culture. He has written about Venezuelan softball leagues, Tejano musicians and the impact of the Trump administration's immigration crackdown. He contributed to the Statesman's 2024 series on the aftermath of the Hays school bus crash that won the EWA's Fred M. Hechinger Grand Prize for Distinguished Education Reporting and the SPJ's Sigma Delta Chi award, which honors the best in newspaper, digital, television and radio journalism.)
SUB-HEADING: "Investigators now say a serial killer acted alone in 1991. But flawed interrogations, false confessions and courtroom failures left two innocent men fighting for their names — and for justice."
GIST: "An hour into the police interrogation that would dramatically alter the course of his life, Robert Springsteen repeatedly insisted he had nothing to do with the 1991 murders of four teenage girls in a North Austin yogurt shop — a case that remained the city’s most notorious unsolved crime until last week.
“I wasn't in there,” Springsteen told the three Austin homicide detectives conducting the interrogation in 1999. “I'm telling you, I wasn't in there. I feel like I'm stuck in a corner because you guys have to go where you have to go.”
But in what legal and policing experts say is a prime example of coercive interrogation techniques common in the 1990s, the detectives pressed on.
Three hours later, with his shoulders slumped and head hung low as detectives shouted in his face, Springsteen confessed to acts authorities now say he never committed.
Springsteen’s admissions were just one example of how Austin police extracted confessions from innocent men at a time when some detectives entered interrogations believing they already knew what happened and only needed to make the suspect say it.
The coerced confession sparked a series of events that would derail the lives of Springsteen and Michael Scott, who were both wrongly convicted and imprisoned for the yogurt shop murders.
Prosecutors also charged Forrest Welborn and Maurice Pierce.
All four men were in their mid-20s at the time. A Travis County grand jury declined to indict Welborn, and prosecutors dropped charges against Pierce after he sat in jail for three years.
Springsteen landed on death row, and Scott received a life sentence.
Their convictions were dismissed in 2009 after new DNA evidence excluded them from the scene.
Yet Springsteen and Scott’s lives remain shadowed by those false confessions.
Now, more than 25 years later, the two men stand on the cusp of what has eluded them all this time — a judicial declaration of innocence.
“The public didn’t see the horrific torment Michael went through all of these years,” said Tony Diaz, Scott’s longtime civil attorney. “The girls were victims, and Michael grieves for them and their families. But Michael and his family have been victims, too.”
Austin detectives on Monday publicly identified Robert Eugene Brashers as the sole suspect responsible for the 1991 killings of Amy Ayers, 13; sisters Sarah Harbison, 15, and Jennifer Harbison, 17; and Eliza Thomas, 17.
Legal experts told the American-Statesman that finding could be key to securing justice for Springsteen and Scott.
“We have a district attorney that is inclined to do the right thing and I believe a judge will agree,” said Charlie Baird, a respected former district court judge who represented Springsteen in a previous innocence claim. “These men were wrongly accused, and we want to do everything we can to make them whole.”
Are Springsteen's and Scott’s confession tied to a broader history of police misconduct?
With time, Austin police detectives of the late 1980s and early 1990s have developed an infamous reputation for coercing false confessions.
Detectives from that era obtained dozens of false confessions that led to numerous wrongful convictions, including those of Richard Danziger and Christopher Ochoa.
The two young men were convicted in the 1988 rape and murder of a co-worker, but their innocence was later proven when a convicted murderer confessed and led police to evidence of his guilt.
By the time Danziger was freed, however, he had suffered brain damage from a prison attack.
Hostile interrogation methods common during that time — including physical intimidation, threats of violence, promises of leniency and marathon sessions at irregular hours — have since drawn scrutiny, said Steven Drizin, an emeritus law professor at Northwestern University who has studied wrongful convictions.
In Austin in the early 90s, these tactics produced a murder confession from a college student whose girlfriend had left town.
Drizin likened the interrogations to “psychological torture.”
But despite efforts at reform, academics who have studied false convictions in Austin say that it’s likely that culture persisted through the 1990s and after it.
In Scott’s appeal, his defense pointed to several instances in which detectives fed him details later repeated in his confession and pushed him to recover “blocked” memories — both unsound interrogation tactics, Drizin said.
Richard Leo, a law professor at the University of San Francisco who studies wrongful confessions, said the late 1990s were a period when law enforcement did not fully grasp the prevalence — or even the possibility — of false confessions.
“They believed it was especially unlikely to get false confessions in very serious cases, homicide cases, capital cases, for example,” Leo said.
Amber Farrelly, a criminal defense attorney who has worked to clear Springsteen’s name since she was a University of Texas law student in 2007, said her first task was reviewing the confessions.
“They were awful,” Farrelly said. “Detectives threatening the boys, seeding information to them throughout. It just got to the point where the boys were willing to say anything for it to stop.”
Keith Hampton, a longtime Austin defense attorney who represented yogurt shop suspect Pierce in 1991 and who has worked on Austin-area exonerations, said he remembers the culture of Austin courtrooms and the police department of the 1990s and early 2000s.
“It takes a long time to change a culture and to change an attitude,” Hampton said. Until DNA proved many confessions false years later, “It was a joke that somebody was innocent.”
In a statement, Austin Police Chief Lisa Davis said that policing has “undergone a remarkable transformation” since the 1990s when detectives around the nation deployed dubious investigative techniques.
She pointed to advances in DNA technology, ballistics analysis and genealogical testing – which was instrumental in solving the yogurt shop murders – as critical to the ways the police department has improved its criminal investigations.
“My goal is to move the department away from past techniques used and toward evidence-based interviewing,” Davis said, which “focuses on professionalism, empathy, and accuracy over confession-driven tactics and ensures that investigative integrity remains centered focused.”
The winding path to innocence
In 2009, Travis County’s then-District Attorney Rosemary Lehmberg dismissed the indictments against Springsteen and Scott “pending further investigation” — leaving open the door for prosecutors to revive the charges at any time.
The possibility of new charges prevented Springsteen from receiving compensation for wrongful imprisonment despite two attempts in 2012, court records show.
He suffered another defeat in 2017 when the Court of Criminal Appeals, the state’s highest criminal court, denied Springsteen’s pleas for a declaration of actual innocence, ruling that his conviction had already been overturned.
That same year, then-District Attorney Margaret Moore blocked a separate attempt by Springsteen to win an innocence claim.
After Springsteen petitioned a Bexar County district court to grant him actual innocence, Moore’s office intervened by asking the court to change the petition’s venue to Travis County.
Moore then defeated Springsteen’s petition, successfully arguing that without a conviction, he could not qualify, court records show.
But now, Baird said, “the situation is totally different.” With police identifying a lone suspect through DNA testing and Travis County’s current district attorney, José Garza, signaling support, prospects for Springsteen’s and Scott’s innocence have never been stronger.
“If the conclusions of the APD investigation are confirmed, as it appears that they will be, I will say ‘I am sorry,’ though I know that that will never be enough,” Garza said during Monday’s news conference. “We will take any necessary steps to ensure that they can move forward with their lives.”
Garza gave no timeline for that process, and the District Attorney’s Office did not respond to questions from the American-Statesman.
Will Springsteen and Scott be able to access restitution?
Texas law provides for restitution — compensation given to those who were wrongly convicted and served time. But to qualify, a court must find “actual innocence.” That standard requires more than an overturned conviction; innocence must be formally declared through a judge’s order, habeas relief or a governor’s pardon.
Attorney John Raley, who has worked to amend the original judgments of wrongfully convicted Texans, said that getting a new judge's order has historically required a district attorney to collaborate with a judge, dismissing the cases again but this time with a finding of innocence.
“The cooperation of the district attorney is crucial in this process,” Raley told the Statesman.
Baird said he expects that Springsteen’s defense team will petition a state district judge in Travis County to amend the prior judgement. The same option is available to Scott.
If they’re declared innocent, both could receive up to $80,000 for each year they were wrongfully imprisoned, along with a lifetime annuity under state law.
But very few Texas cases — including that of Alfred Dewayne Brown — has achieved a retroactive innocence amendment. That suggests Springsteen and Scott face an uncertain road to restitution, Innocence Project of Texas director Mike Ware noted.
Exonerated individuals could also seek federal civil rights damages if they identify a public employee or agency responsible for the wrongful conviction, he said.
Although Pierce died in 2010 after a confrontation with an Austin police officer, Ware said his family could file a civil lawsuit based on the time he spent in jail and damage to their reputations and livelihood.
Ware said Welborn may be able to make the same claims, though it's unclear how strong of a case either has.
Attorneys representing Scott and Springsteen said the civil lawsuit route would be fraught with risk — the suits can be difficult for plaintiffs to win and they can drag on for years. Springsteen and Scott, the attorneys said, may be ready to close the book on a saga that has haunted the entirety of their adult lives.
Diaz, Scott’s civil attorney, said his client hasn’t made a decision on whether to seek restitution from the state or file a civil lawsuit against the Austin Police Department or the individuals involved in his arrest and interrogation.
But, Diaz noted, if that happens, it could reveal for the public even more wrongdoing conducted by police investigators at the time.
“A lawsuit could reveal a great deal of embarrassment for the authorities at the time who let that happen,” he said.
Farrelly, one of Springsteen’s criminal defense attorneys, also said her client has not made a decision on how to proceed. They are awaiting the final results of the Austin Police Department’s investigation.
“We’ve been waiting 32 years for this moment,” Farrelly said. “We’re still in limbo, but Springsteen has got to have his name cleared. It is our duty to him.”
Correction: Our previous story incorrectly stated the number of Texas cases in which a dismissal has been retroactively amended to add a finding of innocence. There are a few such cases, including that of Alfred DeWayne Brown."
The entire story can be read at:
false-confessions-austin-yogurt-shop-murders-21074122.php
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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