THE YOGURT SHOP MURDERS

Affidavit of Roy Rose

Attention Grand Jury of Travis County

WV Case No. 99-CR-MISC-442

On 9-16-99 I received a phone call from Austin Detective Ron Lara. He asked who my best friend was after some discussion, he mentioned Rob Springsteen. I replied that yes, he was a friend of mine. He asked me to come to the Charleston police station to answer a few questions. I agreed and went there with my wife, Charlene Rose.

When we arrived, he would not allow my wife to accompany me. We went to a room where several detectives were. When I first went in the room they turned off the air conditioner, so that I became sweaty and sick. I think 3 of them were from Charleston and 1 or 2 from Austin. I sat down where they indicated that they wanted me. I can't recall exactly how he asked me, but he wanted to know anything that I knew regarding Rob and any crimes. I told him that Rob had mentioned that someone might want to talk to him about something that happened while he lived in Texas. Mr. Lara refused to believe that I knew nothing else. He was sitting in a chair with rollers and wheeled himself right in front of my face and saying in a loud voice that they knew that I knew more. He said that Rob had already confessed and he told us that he had told you everything about it. I kept telling him that I didn't know anything else about anything.

I told him about my medical condition and that I was heavily sedated under a physicians care for a period of several years. I have chronic hepatitis-C, fibromyalgia, insomnia,and suffer from depression. Over the past 2-3 years I have been on Rebetron chemotherapy twice for the hepatitis. I have have been on antidepressants- Prozac,Valium, Elavil, Serzone, Klonopin, analgesics- Darvocets, Tylox, muscle relaxers- Soma, Skelaxin, and sleeping pills- Ambien, and Restoril. My medical condition at that time or any other time didn't seem to matter to them. One of the other detectives in the room said that my medical condition or any of the medications that I brought up were not mind altering so the interigation continued. Mr. Lara continued to pressure and badger me and I kept saying that I knew nothing. Around this time one of the detectives asked if I had ever been to Texas. I replied yes, I was born there. He said something like, well your'e about to go back at this time for a jail or prison sentence for withholding information. Being subpoenaed to Texas was brought up at that time.

Detective Lara said that if I was under sedation, was it possible that Rob spoke of comitting a robbery. I said that it was possible. Then he said, "C'mon Roy we know you know that Rob told you he was in a robbery, that he told you all about it.". Then he said "Could he have committed a robbery?" I said "Yeah, I guess so." Then it went to "Was he with anybody?" I kept saying that I really don't know about any of this. Lara kept saying "Yeah you do! We know he bragged to you all about it". I started getting scared and started telling them back information that they were giving me. At times I would tell them that I knew nothing , but they kept shouting at me that I did. About this time I was asked if Rob was carrying a gun. I don't believe so I said, after that I believe Mr. Lara dropped the gun issue for awhile. I kept leaning forward laying my head in my hands,at points almost crying. As I would do something like this, immediately detective Lara would raise his voice or tell me it's ok, we know, Rob has already told us everything. We know it's terrible, but as soon as you tell us, you can leave. Around this time the issue came up, could this robbery have' been botched? I think I remarked it could have. Mr. Lara replied something like " it was going wrong. Rob had to do something, didnt he? I would say that I really don't know anything like that. In a hard tone Mr. Lara would say your best friend is bragging about this in great detail. Now tell us what really happened. At first I said he shot her in the ear. The detectives laughed at that. Then I don't remember how we decided it was a female cashier but I remember saying Rob shot her in the ear. Mr. Lara again said that's not it. Somehow about this time the word rape was brought to my attention. I believe my remark to Mr. Lara at this time was no,I don't know anything like that. Around this time Mr. Lara said something like,Rob bragged so much about this that we could hardly get him to shut up and leave. So just tell us, you're only making this harder on yourself. Detective Lara would continue hammering on the issue, if the cashier was raped, somehow I said yes it could have happened. The issue was brought up did Rob shoot her first or rape her first? I remember saying after he shot her, he raped her. Then somehow that issue was changed to raping her anally and then shooting her in the back of the head. At sometime during this, the idea was brought up by one of the detectives," maybe you could remember things easier if we typed this up and you can fill in some of the blanks." Somehow it happened to that effect I really was shook up. All the detectives would encourage me, and say I was remembering more. Mr. Lara would remind me it's almost over then we can all get back to business and you can get back out to this fine day. On the left of me was a window with sun shining in. Things kept going back and fourth. Mr. Lara would ask what were the other guys doing? I remember saying something like ramsacking the place. The issue of were any other employeees working? I think I said a couple other girls around 20 yrs. old and maybe a guy. I'm not really sure how the statement was worded about how many other employees were involved. The question came up from detective Lara, well what did the other guys do with the other employees at this time? Somehow I came up with the idea that they were tied up, and Mr. lara asked were they gagged? I remember saying with their own clothes. I remember detective Lara saying what did they do next? I said I really didn't know. Mr. Lara said Rob has bragged about this, he was really telling you in great detail. Mr. Lara said something like Rob was really excited about telling you everything.

I remember at some point detective Lara shouting bang,bang,bang. Mr. Lara would suggest isn't that the way Rob bragged about it? Then around this point, about the other employees, I was asked what were they tied up with? I didn't know. Mr. Lara asked what did they do before they left? I remember saying they stole some cigarettes and ran out. Detective Lara said out of an icecrem shop? Somehow icecream shop became the targeted place where this was happening. I remember stating a convienent store at first, then I don't remember how, but the location of this crime became an icecream shop. I remember being asked again,what did they do before they left the scene? After not knowing, detective Lara somehow said didn't Rob say he torched the place? I remember him saying this in a loud voice. I gave in to this idea that yes Rob said he torched the place. I believe I was asked if the other employees that were tied up were still alive? I believe I said yes. Then I was asked again what did they do after they torched the place, and what did Rob tell you he used to do it with? I think at first I said that I think a cigarette lighter. That was wrong,detective Lara kept reminding me, that Rob had told me this. Mr. Lara would keep reminding me Rob couldn't keep this to himself he had to tell his best friend. Getting back to how they torched the place,I think I mentioned a bomb,and finally said gasoline or possibely lighter fluid. Then I said after they torched the place they ran out and down the street. After this, the issue of the gun was brought up again.

One of the detectives held up a piece of paper with 6 or 7 caliber guns on it. After picking a few wrong ones the issue was dropped about the caliber gun that was used. I was also asked where they hid the gun. Somehow I came up with under a train bridge or interstate bridge.

The detectives kept coming in and out of the room, getting pages on their pagers, interrupting each other and me, and kept constant movement in the room that confused me. Mr Lara would wheel in to my face talking and shouting each time I said anything he did not like and said that I knew things that I want telling. He said he knew I was lying becuase Rob had already told them that he had told me everything. At one point slammed his hands on the desk near me and it was loud and it scared me. Im not sure what he said that time but it scared me too. Sometimes Mr Lara said if I would just tell hem what they wanted to know, they would let me go home and if I didn't, I could go to jail or prison in Texas for witholding information. At some point in all this, I began saying anything I thought would get me out of the room.

My memory has been affected by my illnesses and medications. My memory of the events of this day is affected by this. This statement is to the best of my reccollection. I am willing and anxious to prove this by taking a polygraph test in front of the grand jury-as long as the test is given by someone other than the Austin police or anyone else with an interest in manipulating the results.

The statement given on 9-16-99 was coerced, is false, and I can not stand by it. I swear that this statement is true to the best of my ability and was given willingly.

Signed________________________________________

Roy A. Rose III

Date__________________________________________

This document was notarized before me on this 18th day of October, 1999.

Notary stamp _______


Affidavit of Charlene Rose

Comments relating to Roy A. Rose III who testified before Travis County Grand Jury on 11-9-99

THE FIRST GRAND JURY APPEARANCE DATE

When my husband Roy was first scheduled to testify at the grand jury, he was very sick in the hospital. The cardiologist thought he was having a heart attack. Greg Cox the DA in Travis County was informed of this that day. Four detectives still came to our house that night to arrest him while he lay in the hospital. Can you be in contempt of court while this ill? My husband was never a 'flight risk' as required by law before incarcerating a witness. (see note from cardiologist attached)

We were told by numerous attorneys that for him to be charged or imprisoned for contempt that a judge must first notify us of a show cause hearing. There they would fairly decide the issue when the circumstances were explained to the judge.

THE ARREST

They came to our house when my husband was home alone. Banging on our doors, ringing the doorbells til they woke him up and he answered the door. They said they were here to take him to court immediatly and then to jail. How did they know the judge's decision before going to court? They did not have a warrant. They said you can make this easy or hard in handcuffs. My husband needed to come upstairs to dress and told them to wait there.

They followed him upstairs and visually searched all of our apartment.

THE FIRST TIME IN JUDGE KING'S COURT

They took him before Judge King who was sitting there waiting for them and had some kind of hearing in a closed room. Neither of us have been able to find out what legallly happened there. Roy did tell Judge King about being in the hospital when he was supposed to go and be in Texas. Judge King ordered him to be taken to jail. I guess it's illegal to be sick now.

SOUTH CENTRAL REGIONAL JAIL

Everyone said that he was not charged with anything. He was just being held as a witness.

At the jail he was put into a regular 'pod' with no mattress or pillow. He tried using a roll of toilet paper for a pillow. I guess he was lucky not to have only the floor like so many others there. When I arrived that evening with his chemotherapy, numerous other medicines, and a strong letter from our doctor.( see attached letter) It detailed my husband's illnesses and that stress could be harmful to him. They then transferred him to a medical area where he had a room just large enough for the bed and no pilliow.

About 3:30 am that night they transferred him back to a regular pod area. The next morning at breakfast Roy became very disoriented and faint. He didn't know who he was or where he was. They took him back to medical.

In medical they gave his medicines crushed and mixed with water. He could not tell what he was taking. At one point he asked if his Klonopin was in there, they said yes. When I recieved his medicines back after he was sent to Texas, all the Klonopin was still there. Did they lie to him?(See medications inventory attached) He was never given his Darvocets for pain, the Ambien for sleep, or his Klonopin for sleep and depression. I was given his chemotherapy, but the pills had not been refrigerated and were probably worthless. A pharmacist confirmed that he should not take those pills. Improper care of his medication has caused a longer interruption of his chemotherapy. The shots were handed to him through a hole in the door where he had to inject himself. I'm a nurse and took care of this for him at home. It is very hard to give yourself a shot when you are not used to it. Why couldn't the nurses give his shots?

In medical he was always cold where he got sick and now has an infection and chest congestion. They never turned off the light for him to sleep. They refused to give him his sleeping medicine. He has had severe insomnia for years. Roy said that all they did for him was look through the glass in his door 2 or 3 times a day at him. His lunch on Friday 11-5-99 was the first food he was able to eat in 26 hours because he had been so sick and stressed.

THE SECOND TIME IN JUDGE KING'S COURT

On Monday 11-08-99 there was another hearing at Judge King's court. My husband arrived in an orange jumpsuit with shackles on his ankles and wrists. He had a jacket wrapped around his shoulders, no socks-only shower thongs. It was around 30 degrees that morning.

Our doctor and myself testified about his medical condiion. The doctor said Roy needed to be accomodated. Room on the plane to get up and move around was one example. Judge King told the doctor and the rest of the court that Roy was a free man, not a prisoner. He said Roy would be staying in a hotel. I was told by a detective of the Austin Police Department that Judge King signed the order for Roy to be in jail here and in Texas. Did Judge King lie to all of us? My husband was a prisioner when he was kidnapped from our home and housed in jails here and in Texas.

They took him straight from the court to a small private plane for the transport to Texas. Had that ruling been known to the police before the hearing? He had no room to move during the flight as requested by our doctor. They did not take any of his medicines for his use.

TEXAS

He was allowed to call me when he arrived in Texas. I also spoke to either a detective or an ATF agent. They assured me that Roy would be taken care of and given his medicine. He recieved no medical care in Texas except for someone taking his blood pressure right before he left the jail. He recieved no medications. At the jail they opened the door to his small room every 20 minutes and turned on the lights. I assume that this was to continue the sleep deprivation that started in the jail here. If they had been concerned about his health or possible suicide then they could have had someone from medical to see him. He has a history of suicidal thoughts, but after his testimony they left him alone at a hotel.

At the jail in Texas detectives spoke to him for hours on Monday evening and Tuesday morning. They again threatened him with going to jail or prison. They said that after testifying that he would never have to come to Texas again. I do not believe that they told him the truth.

They made sure to clean him up and buy him clothes prior to going to the Grand Jury. Were they ashamed to let people see how he had been treated? (photo or video enclosed)

If the District Attorney's office genuinely wanted to hear the truth from my husband, would they have forced my husband into the APD's custody? Greg Cox, Travis County DA, knew my husband was in the hospital when first told to appear and knew the allegations against the APD in Roy's recantation statement. My husband was never 'a flight risk' as required by law before incarcerating a witness. He's just a very sick man.

I do not know what my husband told the grand jury. He is under oath not to discuss his testimony. I have my suspicions about whether he recanted his original statement or not. I do know that he was very fearful of the people entrusted to care for him. He did what he had to do to ensure his safety and get home.

BACK IN WEST VIRGINIA

My husband and I used to have a normal life. Now we both feel that things will never be the same. We are afraid of the police and the legal system that that is supposed to protect us. We do not feel safe in our home.

We pray that if my husband is ever compelled to Texas in the future that he recieve proper notification and be protected from the Austin Police Department.

WE BOTH CONTINUE TO BELIEVE ROBERT SPRINGSTEEN IS INNOCENT

Charlene Rose

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