A state judge sought more time to decide if she will allow the Dallas County district attorney’s office to recuse itself from a retrial of a Texas Seven escapee, as possible conflicts of interest swirl over the case and as defense attorneys worry that a special prosecutor could seek the death penalty against Randy Halprin.
District Attorney John Creuzot disclosed in court documents late last week that Cynthia Garza, who oversees his conviction integrity unit, visited Halprin on death row in the summer of 2007 – creating what he called “an appearance of impropriety that threatens to undermine the public’s confidence in the fairness of these proceedings.”
During a Thursday hearing, State District Judge Lela Lawrence Mays said she would be taking the matter under advisement and would reconvene the hearing at a later date. It was not immediately clear when the hearing would be reconvened.
Assistant district attorney Shelly Yeatts argued Thursday that the district attorney’s office wants to avoid any appearance of impropriety that could threaten the legitimacy of a conviction in both the eyes of the public and an appeals court, especially given that the original trial of Halprin, who is Jewish, was “tainted” because the judge overseeing the case held antisemitic views. Halprin’s conviction was reversed.
“We don’t want to have this case tried a third time, your honor,” Yeatts said.
Phillip Hayes, one of Halprin’s attorneys, argued that the district attorney’s office had already avoided the appearance of impropriety by notifying the defense of Garza’s previous connection to the case.
Hayes worries that if the case ended up being tried by a neighboring county or the attorney general’s office, “bloodthirsty” prosecutors would seek the death penalty against Halprin.
Hayes pointed to Attorney General Ken Paxton’s recent announcement of a run for U.S. Senate, and said Paxton’s office would not complete a thoughtful analysis of Halprin’s case and would seek the death penalty to appear tough on crime to appeal to voters.
“We need an agency who’s actually gonna look at this with an open mind,” Hayes said. He said this wouldn’t happen if the case left the Dallas County district attorney’s office.
Paxton’s office did not respond to an email request for comment.
Yeatts said the district attorney’s office is not requesting any specific agency try the case, saying that the decision would be up to the judge.
Hayes called the judge’s decision to delay her ruling “the responsible thing” to do.
“It’s a complicated decision,” he said.
Last month, the district attorney had also sought to remove one of Halprin’s attorneys, Heath Harris, because he witnessed the execution of another Texas Seven member, George Rivas, while working as first assistant under former DA Craig Watkins. Harris previously said he would fight to stay on the case.
Halprin was one of seven men who escaped from the John B. Connally Unit near Kenedy and fatally shot Irving police Officer Aubrey Hawkins during a Christmas Eve robbery.
Halprin has said he did not fire his gun when the officer was shot 11 times and run over outside an Oshman’s sporting goods store. He was convicted and sentenced to death based on Texas’ law of parties, which allows for anyone participating in a crime to be held accountable for Hawkins’ murder.
In November, the state’s highest criminal appeals court granted Halprin, who is Jewish, a new trial because the judge at his 2003 capital murder trial harbored antisemitic views.
Capital murder could lead to life in prison or death. Prosecutors have discretion over whether to seek the death penalty, but Creuzot has yet to seek the death penalty in any capital case since taking office in 2019.
However, an appointed prosecutor could opt for the death penalty. The prosecutor could also reduce the charge against Halprin.
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, and Patrick Murphy remains on death row.
