Dallas County District Attorney John Creuzot alleged in court Friday that a defense lawyer assigned to represent Texas Seven escapee Randy Halprin attended the execution of the man who masterminded the prison break, which may disqualify him from the case.
Halprin, 47, is one of seven inmates who escaped from the John B. Connally Unit near Kenedy in December 2000 and fatally shot Irving police Officer Aubrey Hawkins during a Christmas Eve robbery. Halprin was convicted and sentenced to death, but the Texas Court of Criminal Appeals in November granted Halprin, who is Jewish, a new trial because the judge at his 2003 capital murder trial harbored antisemitic views.
During a hearing before state District Judge Lela Lawrence Mays, Creuzot said defense attorney Heath Harris attended the lethal injection of George Rivas, who was described as the leader of the escapees.
At the time of Rivas’ 2012 execution, Harris was first assistant under former DA Craig Watkins.
Harris’ former involvement in the case may be a conflict of interest or prevent him from defending Halprin, Creuzot said. Judge Mays will rule on a forthcoming formal motion from prosecutors.
“Certainly, the fact that [Harris] witnessed an execution of a co-defendant of the same facts is big cause for concern,” Creuzot told reporters outside the courtroom. “It’s the same complaining witness, same facts, same case tried.”
He added: “When something this big is staring us in the face, I think it’s our responsibility to bring it to the judge’s attention, and it’s our responsibility to try and preserve the integrity of the case.”
Harris did not immediately return a text message seeking comment.
Attorney Phillip Hayes, who has also been appointed to represent Halprin, said he was unaware of Creuzot’s allegations.
If Creuzot is right, Hayes said, “then it’s something we might be concerned with.”
“I know Mr. Harris is a fair lawyer and he’s been on both sides, but that’s always a concern in a case like this,” Hayes said.
Halprin has said he did not fire his gun the night Hawkins was shot 11 times and run over behind an Oshman’s sporting goods store. Halprin was convicted and sentenced based on Texas’ law of parties, which allows for anyone participating in a crime to be held accountable for Hawkins’ murder.
It is unknown if the DA’s office will amend the charge against Halprin. Hayes said Halprin has been remorseful and an “ideal prisoner,” who would not be a danger to the public or reoffend.
Capital murder is punishable by death or life in prison without the possibility of parole.
Creuzot said his office has not yet decided whether to seek the death penalty. He has not asked for death in any case since taking office in 2019.
The timeline for when the case could go to trial is also unclear. Lawyers said there were more than a hundred boxes of evidence and paperwork to parse through.
The state’s highest criminal court ruled in November that former state District Judge Vic Cunningham, who presided over Halprin’s trial was prejudiced against him. Cunningham had a history of using derogatory language toward Jewish people; made “offensive, antisemitic remarks” about Halprin during his trial; and ridiculed Jewish donors to his failed campaign for district attorney, the court found.
“The uncontradicted evidence supports a finding that Cunningham formed an opinion about Halprin that derived from an extrajudicial factor — Cunningham’s poisonous antisemitism,” the ruling reads.
Before the escape, Halprin was serving a 30-year sentence for beating a child in Tarrant County.
All members of the Texas Seven were sentenced to death except for Larry Harper, who died by suicide to avoid capture in Colorado in January 2001.
Four were executed. Patrick Murphy remains on death row.
