Yogurt Shop Murders Part 3- Re-release

11 Aug 2025 · 1 h 6 min

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In short

Podcast Summary: Voices for Justice - Yogurt Shop Murders Part 3

Episode Overview

  • Title: Yogurt Shop Murders Part 3 - Re-release
  • Description: Originally aired in 2021, the episode covers the 1991 Yogurt Shop Murders in Austin, Texas, where four teenage girls - Jennifer and Sarah Harbison, Eliza Thomas, and Amy Ayers - were tragically murdered. The episode delves into the investigation, the suspects, and the ongoing quest for justice.

Key Topics Covered

Introduction to the Case

  • Incident Date: December 1991
  • Location: I Can't Believe It's Yogurt shop, Austin, Texas
  • Victims: Four teenage girls murdered and their bodies discovered inside a burning shop.

Background of the Victims

  • A recap of the lives of Jennifer, Sarah, Eliza, and Amy, leading up to the tragic incident.

Investigation Overview

  • The first two parts of the series laid the foundation, detailing the initial investigation and detectives involved.
  • The narrative shifts focus onto four primary suspects:
  • Maurice Pierce
  • Forrest Wellborn
  • Michael Scott
  • Robert Springsteen

Profiles of the Suspects

  • Maurice Pierce: Described as the ringleader with a troubled upbringing and a history of criminal behavior.
  • Forrest Wellborn: A quieter individual often seen as a follower.
  • Robert Springsteen: Had moved to Austin recently, struggled in school, and was involved in petty crimes.
  • Michael Scott: Faced challenges due to dyslexia and family issues; engaged in delinquent behavior.

Timeline of Events on the Day of the Murders

  • Friday, December 6, 1991: The boys' alibi is recounted, showing inconsistencies in their statements about where they were and what they did on the day of the murders.
  • They were reportedly drinking and hanging out at the mall, but their stories varied significantly.

Arrest and Confessions

  • December 14, 1991: Maurice was arrested for carrying a gun; his confession implicated Forrest in the murders.
  • The investigation led to numerous confessions, many coerced under duress, including:
  • Threats and Intimidation: Police tactics that led to false confessions, particularly during interrogations, were a focal point of the episode.

Legal Proceedings and DNA Evidence

  • Trial Outcomes: Rob Springsteen sentenced to life in prison, and Michael Scott faced similar outcomes. Both had their convictions overturned years later due to improper use of confessions.
  • DNA Testing: Later analysis of DNA found on victims did not match the suspects, leading to further complications in securing convictions.

Continuing Hope for Justice

  • The episode concludes with discussions on the ongoing quest for justice by the families of the victims.
  • Families continue to advocate for answers and have pursued both legal action against the yogurt shop's parent company and ongoing investigations.

Key Takeaways

  • The Yogurt Shop Murders remain one of Austin's most infamous unsolved cases.
  • Investigative techniques and issues surrounding coerced confessions highlight systemic problems within law enforcement practices.
  • Advances in forensic science and continuous advocacy from victim families demonstrate the persistent hope for justice.

Call to Action

  • Public Involvement: Encouragement for listeners to report any tips or information related to the case to the Austin Cold Case Homicide Unit.
  • Awareness: The need to keep the victims' stories alive and continue searching for justice.

Resources and Further Listening

  • Book Recommendation: "Who Killed These Girls?" by Beverly Lowery for more in-depth information on the case.
  • Podcast Links:
  • [Voices for Justice Podcast](https://www.voicesforjusticepodcast.com)
  • Social Media:
  • Twitter: [@VFJPod](https://twitter.com/VFJPod)
  • Instagram: [@VoicesforJusticePodcast](https://instagram.com/VoicesforJusticePodcast)

Conclusion The episode provides an emotional and insightful exploration of the Yogurt Shop Murders, showcasing the complexities of the investigation, the impact of systemic issues within law enforcement, and the perseverance of families seeking justice for their loved ones.

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Transcript

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2:00have been changed or omitted per their request or for safety purposes. Listener discretion is advised. My name is Sarah Turney and this is Voices for Justice.

2:17This episode is the third and final installment of my coverage of the 1991 yogurt shop murders in Austin, Texas. If you haven't listened to the first two parts of this series, I definitely recommend going back and listening to those first, or else this episode won't make any sense. As a quick refresher, in part one, I went over the background of murder victims Jennifer and Sarah Harbison, Eliza Thomas, and Amy Ayers, and I walked through the timeline of events leading up to their deaths. In part two, I discussed the first eight years of the investigation, including incredibly devoted detective John Jones and Hector Polanco, aka El Diablo, who would later become notorious for obtaining false confessions.

3:03I also went over a few suspects and loose ends that haven't been tied up yet, and I ended with the spotlight on four old suspects that were cleared twice before investigators decided to take another look. These suspects were 16-year-old Maurice Pierce, 15-year-old Forrest Wellborn, and Michael Scott and Robert Springsteen, who were both 17 years old. Let's start with some background on these four guys. Starting with Maurice Pierce, who the investigators did believe was the ringleader. Maurice was born in Houston, Texas, and had three sisters who he was pretty close to. Their parents would eventually divorce, and by the age of 12, Maurice would start doing drugs and getting into more trouble.

3:47Out of all of the four boys, Maurice was the only one with a pretty serious police record. He'd been in trouble in the past for basically stealing cars, one of which was a man who just left his keys in the ignition, Maurice saw it, and took it for a joyride. The other was when he stole his dad's car and took it to Houston. He was also suspended from school for fighting, and he's been in trouble for stealing fire extinguishers, trespassing, and assault. Out of this group of four boys, Maurice appears to have been the closest to Forrest well-born. Growing up, Forrest moved around between his parents and his step-parents a lot.

4:22He was often described as quiet and kind of withdrawn. His teachers would talk about how he wouldn't really pay attention in class and would mostly just sit there and draw. Rob Springsteen would describe him as more of a follower, specifically doing whatever Maurice told him to do. Forrest didn't have an extensive police record, but he was arrested once for being with a group of kids who were stealing beer. He was actually just sitting in the car and the police came and arrested him. Robert Springsteen had actually just moved to Austin a few months before the murders. His parents were divorced and he wasn't getting along with his new stepfather in West Virginia.

5:00So he asked his dad if he could come live with him and his girlfriend in one of their two condos. Rob did have some issues at school. teachers said that he quickly wore out his welcome and would kind of wear these obnoxious outfits for attention. He also had a pretty nasty attitude, was unapologetic, and missed a lot of school. So eventually he was transferred to an alternative school, but his father was hoping that, you know, with this fresh start in Austin, it would help him turn things around. So Rob was enrolled at McKellum High School, where Sarah, Eliza, and Jennifer attended, and his dad just kind of hoped for the best.

5:37Rob joined the football team, but he quit pretty quickly after that when he apparently didn't see a eye tie with the coach. And pretty soon, Rob would pull a knife on a classmate at a McDonald's. The school did give Rob another chance, but he eventually would be sent to an alternative school. After this, he pretty much just stopped going to school altogether. When the Austin PD spoke with him in 1991 about the yogurt shop murders, one of the cops asked him how long it had been since he'd been to school. And Rob responded, quote, a week? Two weeks? I don't know. Probably at least a month. Maybe a month and a half, or two months.

6:16Because they sent me there, and that's when I quit. I was like, screw this. End quote. Rob's best friend and roommate was Michael Scott. Mike was born in Micronesia and moved around a lot. His parents were divorced and his mother had some pretty intense emotional issues that made things difficult for him at home. He wasn't great at school because he did have severe dyslexia that affected him a lot. But he did enjoy some extracurricular activities like football, drama, and playing the viola. Mike was also in the Boy Scouts and achieved Life Scout at age 16. Now, I actually used to work with kids in foster care and at one point I pretty much had to become a Boy Scout leader, and I can tell you that Life Scout is not easy to obtain.

7:03It's the second highest rank in the program. It takes a crazy amount of hours and dedication to get to that rank. When Mike did eventually quit football and drama and playing the viola, the only real activity that he kept up with was his Explorer Scouts group. This group was specifically dedicated to the study of the dress and culture of pre-1840 Native Americans. After Mike had to repeat his sophomore year, he basically just stopped going to classes just like Rob, but this explorer group would be the only thing that he kept up with. In November of 1991, Mike moved in with Rob Springsteen and his family.

7:42Rob's dad wasn't too thrilled about this, but after Rob said that Mike was having problems at home and promised everything would be fine, he gave in. Like I mentioned before, they would barely go to school and they spent a lot of time drinking, smoking weed, doing mushrooms, and dropping acid. I can't say for sure, but I have a feeling that these two boys in particular were not really being supervised. In fact, one interesting thing to note here is that Rob's dad would actually report Rob and Mike missing to the police on the day of the murders. He would tell police that he hadn't seen either of them for about two days.

8:18But later in court, he would testify that he never made that call. When Rob was questioned about this later, he would say that he was probably gone for a few days, but he definitely was not missing. None of these four boys were perfect. They often looked for trouble and they found it. They were what the Austin PD would consider to be PIBs, which as a refresher is an acronym for person in black. Basically, someone who looked alternative. They were the opposite of what Jennifer, Sarah, Eliza, and Amy were. It was basically four bad boys versus four good girls. This message is sponsored by Greenlight.

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10:04Now that we've learned a little bit more about who these guys were as teenagers, let's take a look at what they said that they were doing on the day of the murders. We're also going to take a look at this trip that they took that weekend. This, unfortunately, is kind of a mashup of all four of their stories, but you should be able to follow along, so just bear with me. On Friday, December 6th, 1991, Mike and Rob say that they woke up in their condo. despite having been reported missing from that condo by Rob's dad. But they say that they woke up, went to the pool, smoked some weed, and after this they left and pretended to go to school.

10:42After this, they ended up at McCallum High School so that Mike could talk to a girl named Amber that he really liked before the bell rang. So they weren't actually attending school, they were just going there to kind of see their friends. Mike would say that they got there by riding the city bus, but Rob would say that he didn't know how they got there, but it definitely wasn't the bus. By 2.30, Rob, Mike, Maurice, and Forrest all met up at a local bowling alley, though some of the boys didn't remember even going there at all. From there, they all went to North Cross Mall in Maurice's car. Despite Maurice having a pretty strict rule about not leaving any trash in his car or getting it dirty pretty much in any way at all, they ended up sharing a 12-pack of beer on the way, and by the time they got to the mall, they said that they were pretty buzzed.

11:28When they got to the mall, they kind of just walked around looking for trouble like they always did and eventually ended up hanging out in the food court. Here, they would see a ton of their friends because it was a Friday, it was the mall, it was the holiday season, and everyone was there. When it started to get dark outside, they knew that this was the time that the girls in their Hooters uniforms would start going in for their shifts. So, the boys literally post up outside, waiting to watch them walk in. Not long after this, Maurice and Forrest leave to go to Maurice's sister Renee's house because he promised to watch her kids.

12:02Mike and Rob stay behind at the mall, and they wait for the Rocky Horror Picture Show to start at midnight. Rob snuck into the show, but according to Mike, he wasn't able to get in, so Mike just waited in the lobby for Rob. They actually wanted to attend a cast party that night, but they weren't able to find it, so they just got a ride from someone at the mall and were dropped off at Mike's mom's house. This would have been about 2 or 2.30 in the morning. But the thing is, Mike has a pretty different recollection of this night. He says he remembers all four of them being together, but not at the mall.

12:35According to Mike, Maurice picked them up and took them to 6th Street where they had some beer. From what I could gather, 6th Street is basically a popular area for bars and nightlife. So whether they picked up some beers and went to 6th Street or they were served on 6th Street because maybe they had some type of fake IDs, I don't know. Mike just says that they were there, and this area will come up again. But after they all have a few beers, Mike insists that he and Rob were back at their condo by 10.30, where they actually watched Robin Hood with Kevin Costner and fell asleep. Mike's story will more closely mirror the story that Maurice would tell police when he was arrested for having the gun about a week later.

13:15Maurice remembers hanging out with Forrest in this area that they called the fungus, which was basically like this grassy area where kids would hang out and drink and smoke. According to Maurice, this is before Forrest borrowed his gun and possibly killed the girls, but we'll get to that in a minute. Although their stories are kind of all over the place for the day of the murders, they would all become a lot more consistent for the next day, Saturday, December 7th. On this day, everybody slept in pretty late, Mike and Rob at the condo, and Forrest and Maurice at Renee's house. Maurice and Forrest spent the entire day watching Renee's kids until about 9.30 at night.

13:51Rob didn't do much of anything that day, and Mike would spend the day with his explorer group for a craft session. That day, they were hand-sewing turkey feathers to make a fringe for their pants. I don't know all the specifics of it, but it seems pretty cool, and according to the members of the group, Mike was his normal, happy self. Around 10pm, Maurice picks up his father from work, drops him back off at home, and then uses the car to grab the boys and go to 6th Street until about 2am. After this, Maurice and Forrest drop off Mike and Rob at their condo. Then, Maurice drives the car back to his dad's house so he would have it for work in the morning.

14:28He and Forrest then start walking back to Maurice's sister's house. But along the way, they see a Nissan dealership and specifically a brand new gold Nissan Pathfinder with the keys in the ignition. So like Maurice had done in the past with that other vehicle, he hopped in and drove through the chained-off exit of the dealership. Then he and Forrest went to go pick up Mike and Rob. First, they go to the lake to shoot the.22 pistol, but they get bored. So they decide to take a ride to San Antonio to go visit Mike's girlfriend so he could essentially break up with her. But Maurice gets lost on the way and they have to stop for gas.

15:07While they're filling up, Rob goes in and buys a soda and a Sunday newspaper. They end up stealing the gas, which is no surprise to the attendant who had already written down their license plate number. And this is where one small thing would lead to a lot of confusion down the road. When the attendant calls the police to report the stolen gas, there's some type of error with the date. Either the attendant gave the incorrect date or the officer wrote down the date incorrectly. Either way, the report would reflect that they were there on Saturday morning instead of Sunday morning. This would ultimately be used against them in court.

15:44If this trip happened on the night of the murders and into the early morning of Saturday, it looked a lot like them trying to get out of town right after they allegedly killed the girls. But if this was the next day and they were taking their time, babysitting all day, going to this explore group craft session, well, that looks a little less suspicious. Either way, on the way to San Antonio, Maurice apparently falls asleep at the wheel, hits something, and they get a flat tire. But by 9 or 9.30 on Sunday morning, they finally make it to Mike's girlfriend's house in San Antonio. Her parents actually weren't home, so she wouldn't let him inside of the house, so they just go for a walk instead.

16:23While Mike was doing that, Rob read from the Sunday newspaper, specifically the story about the yogurt shop murders, and he did this out loud, reading it to Maurice and Forrest. After this, they drive back to Austin, and by 1.30, Maurice drops off Mike and Rob and returns the Pathfinder to the dealership. He and Forrest then walk back to his sister's house. For the next week or so, things are pretty quiet. Then Maurice would end up changing all four boys' lives forever with one cocky mistake. Like I told you at the end of part 2, on December 14, 1991, Maurice Pierce was arrested at the North Cross Mall.

17:01This happened after reports came in that Maurice was walking around with a loaded.22 pistol in his pocket. So the Austin police came and got Maurice and his friend Forrest Wellborn. When they ask Maurice why he would be carrying a loaded gun in the mall, he just shrugs and says, quote, just to be carrying it. End quote. When they notice that Maurice's gun was the same type of gun used in the murders, they impound it as evidence. And then they send in their best player, Mr. Hector Polanco, Mr. El Diablo, Mr. Rip the Truth right from your heart to get that confession. By 6am the next morning, Maurice tells Polanco that he didn't kill the girls, but he knows who did, his friend Forrest Wellborn.

17:48Maurice also tells him that the gun that they took from him was probably used in the murders. He says that on the day of the murders, he and Forrest met up with a guy named Mace, who would never be identified. Maurice tells Polanco that Mace was the leader of a group of skinheads and that Forrest decided to leave with this group at that point. But before he does, he asks Maurice to borrow the gun. This was around 10 or 10.30 and when and Forrest returned a few hours later, Maurice says that he smelled like hairspray, had a scratch on his neck, and that six bullets were missing from the gun. He also says that Forrest told him he did something bad, and that he wants to do it again.

18:29So of course, the police are all over this. They have Maurice sign a statement at about 2.30pm, and then they actually go to Maurice's father's house where they speak with him, and he makes small talk with the police kind of showing them his guns and his ammo. At this point, Maurice also explains that he got the gun from his friend Johnny Holder who had taken it from his dad. Maurice was actually supposed to pay him$100 for this gun, but he ended up just stiffing him. Then Maurice takes the police to the fungus, where he says another.22 pistol is hidden. Maurice describes this gun as kind of a communal gun where I guess a bunch of people would grab it and use it and return it to its hiding spot when they were done with it.

19:11But ultimately, Maurice is not able to produce this second gun. After this, they ask Maurice and his father if they could put a wire on Maurice. They were of course hoping that they could get a confession from Forrest. And they agree. Maurice gets wired up and they head over to Forrest's house, but Forrest isn't home. So after going to the neighbor's house and trying to figure out where Forrest is, they decide that Maurice is just going to drive around and look for him. As Maurice is driving around, the police are following him, and after about two hours of just driving around, Maurice finally sees Forrest and tells him to get in the car.

19:48Maurice then pulls into a parking lot where they would hang out all the time to talk to Forrest. The first thing he asks him is about his hair, which had apparently been cut off. Forrest tells Maurice that his dad actually made him cut off his hair in hopes of hiding his identity. At this point, Maurice just gets right into it and asks Forrest about Friday night. But Forrest is a little confused, so they kind of go round and round for a few minutes until Maurice finally says, you wanted to use the gun, you said you did something bad, you killed the girls. And Forrest is like, hey man, I was just joking, I didn't kill anyone.

20:25At this point, Maurice starts getting angry, and Forrest starts getting super confused about why Maurice is so angry. And Maurice just breaks down in tears, telling Forrest, quote, you know I ain't got the guts to kill them girls, end quote. Then they start talking about and eventually arguing over who is more scared. Eventually, this whole thing ends, Maurice gets back in the car, and the cops consider this thing to be a complete waste of time, even Mr. El Diablo. It was clear to everyone involved that Forrest had no idea what Maurice was talking about. On top of this, when they tested the gun, it wouldn't be a match for either gun used in the murders.

21:07This would just be one of the 50 confessions they would eventually obtain in this case. So they crossed the boys off their list of suspects and confessions. John Jones would later discuss this whole endeavor with the Chronicle, stating, quote, My story is, if Hector couldn't get Pierce to confess, then he didn't do it, And Forrest couldn't organize a two-car parade. End quote. Maurice's story about Forrest murdering the girls would be revisited again in a few years, and again, cleared. But in 1997, when one of the countless new task forces for this case was assembled, Maurice gets a call from our newest lead detective, Paul Johnson.

21:49Johnson has decided that after two reviews, this lead was maybe not investigated properly. By this time, the boys are all in their 20s, some have moved, some have stayed around the same area, but all have moved on with their lives, and none of them were really friends anymore. Maurice was married with a daughter, Forrest was also now a father and working in a car repair shop. Mike worked a variety of jobs and would assume responsibility for his girlfriend's daughter. And Rob was back in West Virginia working double shifts and helping his wife renovate a cabin that they had inherited. When Maurice gets this call in 1997 from Johnson, he's super friendly, so Johnson decides to interview him.

22:31Maurice tells Johnson that he wants to recant his original statement from 1991, and he adds, quote, I know I made a statement when I was arrested that said that Forrest told me other details about the murders. I don't remember any of that now. I know I was very nervous, and I was trying to say things to help me get out of the police interview. And they were twisting my words up. End quote. Johnson then tries to track down Forrest, who was actually on the run for some unpaid traffic tickets. But he does eventually catch up with him, and Forrest says that he doesn't remember anything. He does say that he probably was at North Cross Mall that night with his friends, but that's only because they would usually do that on a Friday night anyway, but he couldn't say for sure.

23:17Forrest also offered to take a polygraph test, and he passed. Johnson would say that he believed Forrest and that he appeared to be helpful. Johnson then moved on to Rob and Mike, but these conversations didn't really give him anything. In February of 1998, Johnson spoke to Rob, Mike, and Maurice again, but it yielded the same results. Again, nothing. By March of 1998, the task force was disassembled. And Johnson was sent back to working the streets. A spokesperson for the task force would praise them for clearing up more leads and making the case more manageable for the next person, but ultimately, it was just another failure.

23:58Like I mentioned in part two, Paul Johnson was just as obsessed with this case as John Jones was, so he could just not let it go. In September of 1998, he orders another test of Maurice's.22, and it again comes back negative. It definitely was not used in the yogurt shop murders. At this point, Johnson shifts his focus from the gun to the fire itself. By this time, the original arson investigator Melvin Stahl is retired. So Johnson asks Marshall Littleton to take a look at the case. Littleton was formerly an APD officer, but he was now an ATF San Antonio fire investigator. Johnson had a specific question for Littleton.

24:46He wanted to know if the fire in the yogurt shop could be modeled or recreated using computer software. Littleton tells Johnson it's possible, but it isn't the best idea because it could, quote, eliminate a possible suspect, end quote. Determined to not let this go, Johnson asks Maurice if he would be willing to do hypnotherapy in hopes of clearing up his memory. And although Maurice's lawyer is absolutely against this, Maurice agrees, and ultimately, nothing comes of it. They pretty much seem to have nothing against these four, now, men. They do have Maurice's statement from 1991 about Forrest possibly killing the girls.

25:31But they also have statements from the original officers stating that it was very unlikely to be true, and more statements from the guys saying that they didn't do anything, including Maurice taking back those original statements. But again, Johnson just can't let this one go, so he orders more gun and blood tests, but again, they give him absolutely nothing to place these four guys at the scene. In December of 1998, they actually get a pretty interesting tip. Reese Price, the former I-can't-believe-its-yogurt manager, actually calls Johnson to talk about some harassing phone calls that she and Jennifer Harbison had received prior to the murders.

Read the full transcript

26:14These phone calls came to their homes and to the yogurt shop. Reese Price also had a pretty scary encounter that she thinks may have been related. Before the murders, her apartment had actually been broken into. The person who broke in didn't take any valuables, but this person did go into Reese's underwear drawer and arranged a few pairs of her underwear on her bed and placed a knife from her kitchen on top. She also told Johnson that at the time of the murders, she and Jennifer Harbison looked a lot alike. They were both small and they both had long, light brown hair. Johnson is all over this, and he asks Reese to come down to the station for an interview.

26:57In that interview, Reese mentions that crawlspace area that connected the yogurt shop and the party store next to them, and she adds that she and the other girls often heard noises up there. She also says that one night, she was closing down the shop and she noticed shoe prints on the toilet seat in the men's room, and the ceiling tile above it was out of place. She couldn't confirm for sure if someone used the crawlspace to move between the party shop and the yogurt shop, but she believed that it was possible. Early in 1999, Johnson asks Littleton again about using that software to help model the yogurt shop fire, and Littleton again advised against it.

27:40he said that basically there was just too much opportunity for error. Littleton added that if they had the ladder and that metal shelving unit that had been lost, it might be a lot easier to do something like that, but for the time being, they should hold off. Chief Stan Nee was on the job for about nine months when he gave Paul Johnson another opportunity to put together a task force for the yogurt shop murders. This time, Johnson would act as a case agent while Senior Sergeant John Neff acted as the unit's supervisor. There were also six cold case detectives assigned to the unit. At this time, Kenneth McDuff was still considered to be an active suspect, along with the Mexican Nationals, some folks who practiced Satanism, and of course, Maurice, Rob, Mike, and Forrest.

28:30But the focus really seemed to be on Maurice specifically. On August 6, 1999, Johnson hosted their first meeting, and he opened it with a 205-slide PowerPoint titled, quote, The Investigative Plan to Pursue Maurice Pierce, end quote. This presentation would last four hours. At this point, they start looking for anyone who might be able to help them gather more information to place the boys at the scene that night. So, Detectives Hardesty and Laura go back to Rob's girlfriend of a few weeks around the time of the murderer named Kelly Hanna. By this time, Kelly had a few kids, and she was in her last trimester with another.

29:15She had pretty much all but forgotten about her boyfriend of just a few weeks when she was a teenager, so needless to say, she didn't really remember much. They press her for information for hours. Eventually, they tell her that they were being told that she was in that pathfinder with them after the murders. She then breaks down crying and apologizes, saying it was probably just the hormones and that she was doing her best to remember. Finally, they ask her who she thinks would be most likely to kill the girls, and she says Mike Scott. After they finally let her go, the two detectives would briefly discuss if they were perhaps too hard on her.

29:57Hardesty says, quote, I think she's holding back on something, but I don't know what, end quote. Laura then says that he hates to be too tough on her, and Hardesty chimes in saying, quote, if she fucking starts bleeding in here, that's our ass, end quote. And Laura says that he's turning off the recording device. Laura would maintain that they weren't too rough on her, that she was simply upset because she realized that her ex-boyfriend was a cold, hard murderer. Investigators then interview Forrest again, who gives them nothing new or helpful. But their next interview yielded much better results.

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31:09Download the free Rakuten app or go to rakuten.com to start saving today. It's the most rewarding way to shop. That's R-A-K-U-T-E-N. Rakuten.com. On Thursday, September 9th at 9.15 a.m., Mike Scott was officially interrogated by investigators. Mike tells investigators that him and Rob aren't friends anymore because Rob had actually stolen a pair of Metallica tickets from him. Mike also tells police that he believes that Maurice had gotten the.22 pistol off of some kids that were selling him drugs. but he also says that he hopes he's not lying to them. At the beginning of his interrogation, Mike would tell investigators that he didn't know anything, but by 7.04pm, he would call his wife Janine to say, quote, Dear, I know more about the case than I thought I knew, end quote.

32:02John Jones would later discuss his theory about the way that the investigation was being handled at this point. He states that Johnson's team was relying on the pyramid theory of investigation. He describes this by saying that you start with a confession and build everything in the case around that confession. And if the evidence doesn't support that confession, well, you figure out a way to make it support it. Let's dig deeper into Mike's interrogation with the police. Throughout Mike's interrogation, he would go from apologizing about his terrible memory, but insisting he knew nothing and certainly wasn't involved to thinking that maybe he was.

32:41That maybe Maurice didn't pick him up in the Pathfinder on Saturday night, but maybe it was Friday because that's when the murders happened. Throughout this entire time, Mike repeats time and time again that he could just be making all of this up and that he doesn't really remember. At a certain point, he becomes agitated and the police tell him that he's free to go, but instead of leaving, he just takes a break to smoke a cigarette. On this break, he was talking to one of the detectives and he tells him, if I knew who killed the girls, I would happily tell you because I think what happened to them is wrong.

33:18Pretty quickly, when Mike gets back into the room, things heat up and detectives tell him that they know that he did it and if he doesn't tell them right now, they can guarantee that he will get the death penalty. But if he confesses, they can help him out. About three hours into the interview, Mike agrees to take a polygraph test, and the operator does come into the room, he sets up the machine, and he asks Mike some questions, but for whatever reason, the actual test was never performed. When they ask Mike how much money was taken from the register, which remember was over$500, Mike says maybe$12, maybe$14.

33:55But by 1.43pm, it appears that Mike's memory is just somehow coming back to him. He says that on the day of the murders, they all went in and bought yogurt, and that Maurice and Forrest were casing the place, but he wasn't. They would all drive back to the shop later, where he saw that the back metal door was open. Maurice and Forrest went in while Mike stayed in the car. Mike hears no gunshots and only remembers Maurice and Forrest running back into the car and telling him to drive. A few more hours go by, and Mike takes another break. After this break, the police say, hey, it's pretty hard to believe that if the back door was open, you didn't hear a single gunshot.

34:35And Mike says, oh, well, maybe I did hear gunshots. A few more hours go by, and Mike says maybe he was more involved with the murders than he remembers. So the police jump on this, and they start asking for specifics, like what were the girls tied up with. And at first, Mike says it was Venetian blind cords. The police say, nope, try again. And then he says, napkins? Wrong again. And Mike asks them, maybe it was an electrical cord? At this point, he's not telling them these things. He's asking them these things. He continues to tell investigators that he's not sure if it's real or not, but he can see it all playing out in his head.

35:19Rob made him shoot one of the girls, saying that if he didn't, he would be shot himself. So, Mike starts crying and shoots one of the girls. He also states that the fire was started by them placing napkins and foam cups on the girls' bodies, and they used a lighter to start it. He again reiterates to police that he doesn't remember any of this, he's just seeing it in his head. At 5.35pm, he does ask for a lawyer and he says that he wants to go home, but the investigators tell him maybe it's just time for another break. And if after the break you still want a lawyer, that's no problem. So Mike takes this break and when he gets back, he's like, yeah, I think I should probably get a lawyer.

36:04And the police are like, no problem, you can totally do that. But would you be willing to talk to just one more person first. And Mike agrees. This is when we meet Robert Merrill. Merrill had been on the force for 19 years and worked with none other than Mr. Hector Polanco. And like El Diablo himself, he gets a confession. Mike does essentially repeat his entire story again, but they develop it a bit more. They get more specific. Around 10pm, Mike insists that he should probably go home since it's been like 13 hours at this point. The investigators are like, fine, no problem, but can you come back in the morning?

36:48And Mike agrees. Mike gets back to the station the next day at about 1030 in the morning and he says like, hey guys, I'm not sure how that all happened last night, but again, I don't remember doing any of the things that I told you I did the night before. This obviously did not sit well with the investigators, and they ask him what he means. And at this point, Mike starts telling the story again, but he's adding things, and he's changing things, and this really irritates Robert Merrill. At one point, Merrill ends up taking out that.22 pistol that they took from Maurice back in 1991, and he shows it to Mike, asking if he remembers the gun.

37:30But when Mike's not sure, things start to escalate really quickly, and Merrill literally puts the gun to Mike's head. This is something that Merrill would deny in court, but the video evidence is pretty tough to contest. Just like the day prior, Mike folds. Okay, what you guys are telling me must have happened. I might not remember it, but I guess it happened. If you've been a listener of mine for pretty much any amount of time, you probably know how much I love real audio. So I am going to play you three clips from Mike's interrogation so you can see this transition and judge for yourself. In the very last clip, you will hear the detective ask Mike about the gun, and in the video, you can see him show him the gun and then put it to his head.

38:17This video, as well as every video used for these episodes, will be in the resources section for this case on VoicesForJusticePodcast.com. But here are the clips.

38:52Come on, Michael, you're doing good. Tell us. Let's do this today. We're good. I remember one girl screaming, terrified. Okay? I don't know if this is real or not or if this is... Michael, it's real. It's okay. You can present it to me anywhere you want. It's real. Michael, look at me. You're a member of the land. I don't honestly remember going in the building. If you were in the building, you wouldn't do it. I don't believe that, Michael. You don't have a mill in there. And you know you were in there. Did you shoot any of those girls? No, sir. Then tell us what f***ing happened. What did those two boys do to those girls?

39:30You want to live with this the rest of your f***ing life? No, I don't. Then get it out right now. They're f***ing you over. F*** them. They're the ones that shot the girls. Do it. What did you see happen? At some point, Maurice hands you his, that revolver. What did he say to you? Either shoot him or you're next. That's what he said to you. Right. What do you remember hearing this? I remember looking at this girl. I cry. I hear Robert saying, do it, do it.

40:09I hear the gun go off.

40:18I only pulled trigger once.

40:26I turned around. It was a stupid gun. What happened next, Mike? That brought back some memories, didn't it? I remember looking at the gun. You ever seen that gun before? I'm not positive. Does that look like a gun you've seen before? It looks like a gun I've seen before, but I'm not positive. Is that the gun you shot somebody with, Mike? I don't. Is that the gun you walked out behind somebody with and shot in the head? Is that the one?

41:01Talk to me, Mike. Yes, sir. You did that, didn't you? Yes, sir. We've just opened some more doors, haven't we, Mike? Not really. You sure? After speaking with Mike, they bring in Rob Springsteen, who, like Mike, started off proclaiming his innocence, but by the end, he does give a confession. For Rob, I was only able to salvage one clip where he tells the investigators that he's innocent.

41:41The hole's there. Oh, I'm in it. I don't know. That's what I keep telling you guys. I mean, my God, this was seven years ago. But this is one of the most significant things that ever happened in your life. That's why I keep trying to explain to you. If I was there and I partook in this, I would remember these things. And you do remember these things. No, I don't. No, I do not. You're the coldest guy I've ever talked to in my life. Are you a cold-blooded murderer? No, sir, I'm not. I think you are. I think Maurice is absolutely true about you. Well, then let's take whatever actions we need to take.

42:16If that's what you believe and that's where you think this case needs to go, then let's go there. We don't want to go there. But I'm doing everything I can and have exceeded my limits of helping you guys. Where do we go now? There are more clips available, but without being able to read the captions, it's pretty difficult to make out what they're saying. So I'm just going to summarize it for you here. After Rob tells investigators that he's innocent, somewhere along the way, he starts to change his tune. In the video I found, they ask Rob, what did Maurice make you do with the.380? What did he tell you to do?

42:50And with his head down, he says shoot her in the back of the head. He asks which one, and he says he doesn't know. They ask him where he shot her, and he actually puts his index finger on the investigator's shoulder, which as a quick reminder all four girls were shot in their heads nowhere else the investigator kind of just goes right over this and just continues to ask where and rob says maurice wanted him to shoot her in the back of the head but he didn't want to shoot her they then ask was she already down what happened just say it answer it rob what else did you do and rob says he doesn't know.

43:29But the investigators do what they do and they continue to press him saying, yeah, you do. And then the investigator says, quote, she wasn't dead yet, was she? End quote. He's referring to Amy Ayers, who was the only girl shot with the 380 and the only girl to be shot twice. The audio is so bad at this point that I can't tell if Rob even answered the question about Amy not being dead after she was shot. This would later be a problem in court because the police would actually have to tell the jury what they say happened versus them being able to hear it clearly on the audio. But the investigators go on to say, quote, and warning here, it's pretty graphic language, but it's true to the story.

44:14You fucking know you fucking raped her. Just say it. end quote. And Rob seems pretty agitated and finally says, quote, I stuck my dick in her pussy and I raped her, end quote. On October 6th, 1999, Mike, Rob, Maurice, and Forrest are arrested for the yogurt shop murders. People in the community were shocked. They couldn't figure out why these kids would do this. The principal of McKellum High School would even come out and expressed disbelief that the kids would even be able to keep a secret for that long. On November 29, 1999, there was a hearing where Robert Merrill gave testimony about the series of events that the state would be presenting to the court.

45:03He said that Maurice came up with the idea. Maurice bought the yogurt while Mike and Rob went to the back room and propped open the door. Then, they all went to the mall and waited for the store to close. Forrest stayed in the car as the lookout. Rob and Mike had the girls get undressed and tied them up with their clothing while Maurice went to the register. Maurice then quickly became angry because there wasn't a lot of money. He asked the girl wearing a yogurt shop polo where the rest of the money was, and she told him that that was it, so he shot her. He then asked the other girl in the yogurt shop polo the same question, and she gave him the same response, so he killed her too.

45:44Maurice tells Rob to rape one of the girls and tells Mike to do the same, but Mike couldn't perform so he tells her to kill her instead. Mike then shoots Amy and Maurice shoots her again. They then piled up the bodies, set them on fire, and left out of the back door. It's important to note here that when the case did proceed to trial, the testimony about the last two people in the shop, those people in the hooded jackets, was totally eliminated and they weren't able to use it. Also, instead of using the original report from arson investigator Melvin Stahl, they would be allowed to present a completely different theory about how the fire originated.

46:25Although Stahl initially believed that the fire had originated on that metal shelving unit and that the girls were actually burned from radiant heat, he would now state that after revisiting the case via pictures and seeing Littleton's new findings, he agrees that the fire started on the girls' bodies. Just like Mike said in his confession. Just like John Jones alluded to when speaking about his theory that they were reshaping evidence to fit the confessions they obtained. Ultimately, largely in part because Maurice and Forrest never confessed, they would never be charged with anything related to the murders.

47:05After being extradited from West Virginia to Texas on May 30, 2001, Rob Springsteen would be sentenced to death, but because he was a minor at the time of the murders, that would be changed to life in prison. On September 22, 2002, Michael Scott was sentenced to life in prison after the jury couldn't unanimously agree on giving him a death sentence. In 2006, Rob's conviction was overturned by the Texas Court of Criminal Appeals when they ruled that Mike Scott's confession had been used inappropriately against him, and that it was in violation of his Sixth Amendment right to cross-examine witnesses.

47:44About a year later, on June 6, 2007, the same court would overturn Mike Scott's conviction, citing the same reasoning. This didn't mean that Mike and Rob were off Scott-free, though. The cases were being prepared for a retrial. During this time, the defense lawyers asked for the DNA found on the girls to be retested. Because at this point, it had been over 15 years since the initial testing, and as you all probably know, there were a lot of advances in DNA during that time. The test determined that the DNA found on Amy Ayers and Jennifer Harbison belonged to one man, the DNA found on the clothing used to tie up Eliza belonged to another man, And the other set of DNA from Jennifer Harvison came from a third man, most likely her boyfriend.

48:32But ultimately, they determined that none of the DNA matched Mike, Rob, Maurice, or Forrest. It would take another few years, but by the end of 2009, all charges against Mike and Rob were dropped. Unfortunately, because their cases were essentially voided versus them being deemed innocent, they wouldn't be eligible for compensation offered to those that are wrongfully convicted in the state of Texas. Rob would file a few lawsuits trying to fight this, but he wouldn't receive anything for the time he served. As more officials in the Austin Police Department were assigned to the case, what happened to Amy, Jennifer, Sarah, and Eliza would continue to evolve.

49:16Maybe they weren't all bound. They appeared to have been face down when they were shot. Jennifer's body was in an unnatural position, perhaps it shifted that way as items from the metal shelving unit fell on her. And some more graphic items that I'm just uncomfortable getting into and don't find particularly important to the case. The parents of the girls were obviously devastated and upset by the convictions and eventual reversals. And who would blame them? the absolute horror that would be sitting through hearing such graphic details about the way that your child died to only have it be pretty much for nothing had to have been just unimaginable and despite maurice and forrest never being convicted and mike and rob being released barbara harbison still believes that they are the true perpetrators in this case I believe that the people that they arrested are the right people, even though they're out, they're not in jail, that we will be blessed with an answer.

50:21And it may not even come until I'm gone. But like I said, it won't affect me either way because my children are gone and they're not coming back to me. I have memories of them and that's what I hang on to. So what do you want people to know about Barbara today? that I'm well, you know, that God's blessed me and he's given me seven grandchildren and I'm good. I'm really, really good. Jennifer and Sarah are always with me. And I think that I've made the best of the worst situation. I think, you know, I may be wrong, but I think I've made the best of the worst situation. Like I mentioned way back in the beginning of part one, I truly believe that there is hope in this case.

51:09And that isn't just because I am endlessly hopeful for these cases, which I absolutely am, but it's also because in 2017 the Austin Police Department entered that single strand of DNA gathered from Amy Ayer's body into a database. And they found a match. Some things never go out of style, like trust, reliability, and driving a Toyota. Take the legendary Camry and Corolla, designed for comfort, engineered for performance. Hurry in. Offers end November 3rd. Toyota, let's go places. It's Hulu-ween on Disney+. Watch frightful family favorites like Hocus Pocus and Tim Burton's The Nightmare Before Christmas on Disney+.

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52:32But it's something. It's something huge that they've never had in this case before that could help them solve it. But the problem is, the FBI is refusing to release the familial lineage to the Austin PD to further investigate. The FBI states that this is for privacy reasons. It's a private database where donors are promised to remain anonymous. Further, federal law prevents these samples from being traced to individuals. But, like I said, I still think that there is hope. The Austin PD is fighting for this DNA, and so are the families. I don't know much about overturning federal laws like this, so if you do, definitely let me know on social media, because I would love to know what the chances are of getting that overturned.

53:21But, in addition, I think that it's great because you never know when they'll get another match in another database. If they matched once, it's possible that they'll match again. And the families aren't giving up just yet. A few years ago, Amy Ayer's parents told reporters that as long as they are still alive, they would still fight for Amy and the girls. The closest thing that families have gotten to justice at this point is their lawsuit against Bryce Foods, the company that owned the I Can't Believe It's yogurt shop chain. They were awarded$12 million, but I'm sure each and every one of of them would trade that money in for answers about their children.

54:04Which brings me to our call to action. In my research for this case, I was actually able to find a call to action directly from one of the families. This comes from Amy's brother Sean and his wife. You know, we're a family that doesn't give up. And we will continue to annoy, irritate, call, text, email, the DA's office, the police station, until something happens. And we would like the public if they know any information. If you don't think it's worth anything, just call. And you can call the Austin Cold Case, you know, homicide unit. His name is Ron Lara. You can call him and tell him what you know, even if you think it's nothing.

54:43You know, we are still interviewing people. We still get tips on this case. And I think that's a good, important thing to remember that, you know, with a case like this, we believe there's someone out there who could know something that could be helpful and could be helpful for this investigation. Like I said before, I really do think that there is a lot of hope in this case. And there's also a lot of loose ends, even today. Who was this crazy person that was harassing Jennifer Harbison and the yogurt shop manager? Could Kenneth McDuff have been involved, or maybe the Mexican Nationals? Also, what about the owner of the party store, Mr.

55:22Jorge Barney, the guy who was on the other side of the wall when the shots were fired, the guy who had access to the crawlspace that connects the stores. Remember, manager Reese Price said that she saw male footprints on the toilet and the tile above it moved. Could Jorge Barney have used the crawlspace to escape after committing the murders? I think it's possible. It's also possible, though in my opinion pretty improbable, that one or more of the four boys were involved in the murders as well. To be totally honest, I am really torn here. It hurts my heart to not be able to fully side with the parents of the victims when they say that they believe that Mike, Rob, Forrest, and Maurice killed their daughters.

56:08At the end of the day, none of us know what happened to Sarah, Eliza, Amy, and Jennifer. But there were 50 confessions in this case, and ultimately, the courts avoided Mike and Rob's sentences due to their confessions and DNA evidence. So whether or not they did commit this crime, they were cleared of it, and I think that needs to be discussed. We also discussed a lot of crazy interrogation techniques, from the pregnant woman to Hector Polanco being this iconic figure who could just rip the truth out of your heart, who would later be known as this guy who got all of these false confessions, it's just a huge topic in this case that I really think needs to be addressed.

56:53And since I am by no means an expert on the subject of false confessions or wrongful convictions, I reached out to the most knowledgeable person I know on these subjects, Maggie Freeling. Maggie has been a journalist for 10 years. You might remember her from the documentary The Disappearance of Maura Murray. But she also hosts the Unjust and Unsolved podcast, as well as the Suave podcast, both of which are about these varied topics. She has spent years speaking to exonerees and going over evidence in a variety of wrongful conviction cases. So here is me and Maggie discussing false confessions, wrongful convictions, and how we can hopefully improve in the future.

57:38the tactics. I mean, that's certainly one of them. But then, you know, the one that I see the most is keeping them in there for so long, threatening. I mean, in the yogurt shop murders, I mean, it was very clear that Scott was threatened. I mean, he put a gun to his head. I mean, I can't imagine, you know, being a young person. I mean, I know they were in their 20s, but, you know, again, they're not you or me with some sort of higher education who knows all these things. Being in your twenties with a gun to your head by a cop saying, I know you did this confess 12 hours in an interrogation room.

58:13I mean, the leading causes of wrongful convictions, and this is from the innocence project, real or perceived intimidation by law enforcement. We have that use of force by law enforcement. I would say a gun to the head as a use of force, compromised reasoning ability due to exhaustion, stress, hunger, substance use, mental limitations, limited education, devious interrogation techniques, you know, saying things like what your friends in the next room confessing. I mean, police are allowed to lie to you and fear, you know, they usually threaten them. If you don't confess and we get you for this, you're getting the death penalty.

58:51Just confess and we'll give you 30 years instead of death. Do you want to die? It is. To me, I can see how somebody would falsely confess to just say, I just got to get out of here. Exactly like you said, I just got to get out of here. I've been in here 12 hours. I'm hungry. I'm tired. I'll fix it later. Oh, absolutely. Well, and honestly, like Michael Scott's confession is so, so sad. And it's over multiple days. You know what I mean? They're like, come back the next day. Like it's, it's so intense and so insane to me. And it's, it's just tragic because he says multiple times, I don't remember any of this.

59:29You know what I mean? He comes back the next day and he says, I think I might've lied to you guys. Like, I just, I don't know what happened in my head. It just, I don't remember any of this. I'm not sure that I did it. And they're like, no, no, no, you did it. This is real. And it's just, it's so sad because there's so many points in which he kind of comes to grips with reality about like, wait, I didn't do this. And just, again, he repeats it, repeats it again. I don't know if this is real or not. I don't know if this is real or not. And, you know, one question I wanted to ask you is how does something like this even make it to court?

59:58You know, like they only looked at it a few years later and decided like, whoa, you know, that was definitely a coerced confession. How does it make it to court in the first place? I don't get it. because police are allowed to do these things. There's nothing that says that they can't. So that's the problem. The problem is, is that it is so easy to convict because this is allowed. I mean, unless there was something like clearly egregious, which I do think the gun to the head was, but I mean, unless it's like so obvious that they're beating him and, you know, something like that. I mean, unfortunately, at least back in the nineties, again, I hope we have different standards today.

1:00:38this was okay. They can lie. They could do these things. They can hold you for hours. There's, you're a suspect in a murder conviction. I mean, the it's, the courts are on the cop's side in this sense. Um, and that's the hardest part. It is so easy to convict. He confessed. Why would he confess to something he didn't do? Obviously we know now, but back then, I mean, juries didn't really know that. And then once you're convicted, it is so hard to overturn. It is so hard to overturn. These guys got lucky because the DNA did it for them, but there's so many cases that that doesn't really happen. I asked the same thing though, how does this make it to court?

1:01:19Because to me, it's just so obvious that it shouldn't, but it does. So one of the things I did want to ask you is how can we prevent this in the future? How can we be better at this and not have this happen all the time? Well, prosecutors are elected. So, you know, you're I didn't really know this until I started doing the work, but you elect them. I mean, here in Manhattan, you know, Cy Vance is up for election and he there are a number of wrongful convictions that have been waiting on him to look at the cases. So, you know, when we're looking at voting, you can vote in these prosecutors, you know, the district attorney, the district attorney, and then they, you know, it's under their office.

1:02:08So the district attorney is elected and you look at people who are more progressive and are looking at starting conviction integrity units, conviction review units. It's absolutely look at your local county and see, you know, who is up for election. We're entering an election season right now. So that is the first way to start this is by electing people who want to make change and want conviction review units and want to first undo the wrong that's been done and then prevent it from happening. Enact legislation to make sure that there has to be recordings to make sure that, you You know, police can't, you know, put forward false evidence to get somebody to confess.

1:02:47These are all things that we can change with voting. If you've made it this far, thank you for listening to this series. Although this is three episodes long, there is so much more that I didn't include here for time's sake. So if you are interested in learning more about this case, I definitely have to recommend reading Who Killed These Girls by Beverly Lowery, which is where I got a ton of information for this series. I also have to extend a huge thank you to Maggie Freeling for coming on the show to lend her expertise. Please go subscribe to her podcast Suave and Unjust and Unsolved. She is doing amazing things in the space, and I hope you will all take a moment to support her in that.

1:03:34And if you did not get enough of Maggie Fraling in this episode, because you can literally never have enough of Maggie Fraling, our full interview and video will be available over on the Voices for Justice Patreon. Which, if you haven't seen, I do put out bonus minisodes every single month and we do cool things like Netflix watch parties, and this starts at just$5 a month. It's a great way to get some bonus content and support the show. Right now, I'm actually trying to save up for a billboard for one of our cases. So if you want to be a part of that, visit patreon.com slash voices for justice.

1:04:08I will also have it linked in the show notes. But this would not be Voices for Justice without ending on our call to action and our victims. So although you heard it directly from the family of Amy Ayers, please don't forget to take a moment and share this story. We just saw a huge break in the Kristen Smart case from 1996 this month. There's absolutely no reason we shouldn't have the same hope for Jennifer, Sarah, Eliza, and Amy. But as always, thank you, I love you, and I'll talk to you next time.

1:04:55Voices for Justice is hosted and produced by me, Sarah Turney. For more information about the podcast, to suggest a case, to see resources used for this episode, and to find out more about how to help the cases I discuss, visit VoicesForJusticePodcast.com. And if you enjoyed this episode, please take a moment to rate and review the show in your podcast player. It really does help more people find the podcast and these cases in need of justice.

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From the publisher

This episode originally aired in 2021.

Today I am covering a case from 1991 that absolutely shook Austin, Texas, to its core when Sergeant John Jones got the call that the I Can't Believe it’s Yogurt shop was on fire and soon discovered the bodies of 4 teenage girls inside. Their cases were collectively coined the yogurt shop murders, and it’s one of the most notorious and puzzling cases from Austin to this day.

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The introduction music used in Voices for Justice is Thread of Clouds by Blue Dot Sessions. Outro music is Melancholic Ending by Soft and Furious. The track used for ad transitions is Pinky by Blue Dot Sessions.
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