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A day after refusing to lower the bond of a man charged in the 1991 yogurt shop murders, a state district judge on Tuesday said he will release the man and a co-defendant on personal bonds if the state delays the co-defendant's July 6 trial.

"As previously stated on the record, any such motion by the State would, if granted, result in this Court granting both this defendant (Michael Scott) and Robert Springsteen release on personal recognizance bonds," State District Judge Mike Lynch said in a written scheduling order.

Veteran defense attorneys say it would be extremely unusual for a capital murder defendant in Travis County to be released on a personal bond while awaiting trial.

The order comes less than 24 hours after Lynch refused to lower the bond for Robert Springsteen, who argued that unidentified male DNA discovered last year showed someone else committed the murders.

Both Springsteen and Scott are charged with four counts of capital murder in a December 1991 quadruple murder at an I Can't Believe It's Yogurt shop in North Austin.

Killed were 13-year-old Amy Ayers, 17-year-old Eliza Thomas and sisters 17-year-old Sarah and 15-year-old Jennifer Harbison. The teens were shot, and the yogurt shop was set on fire.

Both Springsteen and Scott were convicted of the murder of Amy Ayers, but both convictions have since been overturned. Both men are awaiting new trials.

On Tuesday, prosecutors would not say if they are prepared to begin jury selection in the case against Michael Scott on July 6, the date set by Judge Lynch.

"I can tell you we just received Judge Lynch's order," first assistant John Neal said. "We've reviewed it and we're now considering our next step. We're reviewing our options."

Attorneys for Scott said they have their experts lined up and are ready for an imminent trial date.

"We're been preparing for trial for two years now and we want this trial to start, so we're happy," said Carlos Garcia, one of three attorneys representing Scott.

Garcia says the state has not given him any indication it will seek a postponement.

"We can always speculate, but as far as we know, we're going to trial," he said.

Attorney Joe James Sawyer, who represents Springsteen, also applauds the ruling.

"Obviously, I'm very pleased, but frankly, I can't say I'm surprised," he said. "I don't see how the state proceeds to trial. If they do, fine. I'm looking forward either way to my client being out of jail on a personal bond, or a jury verdict of not guilty for Mike Scott."

Sawyer says a major issue is unidentified male DNA taken from the crime scene but not discovered until last year.

The defense says there is DNA from unidentified men in several places, but the state says there is only unidentified DNA from one man.

On Monday District Attorney Rosemary Lehmberg said her office was still working to locate the source of that DNA.

The defense argues the unidentified DNA significantly damages the state's case.

"It's huge in this case," Garcia said. "Every time we turn around we keep hearing about DNA exonerations, so this is a huge part of the case."

And Sawyer says the DNA proves his client lied when he confessed to the murders.

"They got the wrong kids," he said. "Yes, they succeeded in getting two false confessions. Well congratulations to them, and now they're living with the fact that science says the confessions aren't true. In particular, as to my client, how do they reconcile offering a confession to a jury 10 years ago that says 'I raped Amy Ayers?' How do they square that with the absolute scientific certainty that no, he did not?"

Judge Lynch scheduled a hearing on his scheduling order for 9 a.m. Wednesday.