Texas Seven prison escapee Randy Halprin will get a new trial in Dallas County because the judge at his 2003 capital murder trial harbored antisemitic views, the state’s highest criminal court ruled Wednesday.
Halprin, who is Jewish, is one of seven inmates who escaped the John B. Connally Unit near Kenedy in December 2000 before Irving police Officer Aubrey Hawkins was fatally shot during a Christmas Eve robbery. Halprin was convicted and sentenced to death for his role in Hawkins’ killing, but he has denied being one of the men who shot the officer.
Texas’ Court of Criminal Appeals previously halted his execution because of allegations that former state District Judge Vickers Cunningham, who presided over Halprin’s trial, was prejudiced against him.
The ruling takes a step toward “broader trust in the criminal law by throwing out a hopelessly tainted death judgment handed down by a bigoted and biased judge,” Halprin attorney Tivon Schardl said in a statement.
“By upholding the Constitution’s requirement of fair and equal treatment, the Court of Criminal Appeals promoted faith in the criminal law,” he said. “It also reminded Texans that religious bigotry has no place in our courts.”
When reached by text Wednesday afternoon, Cunningham said, “I’m in court right now.” An employee at his law office declined to comment and said Cunningham would have no comment.
Cunningham has previously denied the allegation, saying the accusations were “lies from my estranged brother and his friends.”
In their 5-4 opinion, the justices found 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 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.
In a concurring opinion, Judge Bert Richardson said the case isn’t just one where the action of a trial judge may look bad or there’s the appearance of impropriety.
“This is a case,” he wrote, “where a person’s lifelong hatred and prejudice against Jews made him unfit to preside over this case.”
Cunningham’s brother, Bill Cunningham, told The Dallas Morning News in 2018 that Vic Cunningham was a lifelong racist. The then-judge said he wasn’t a bigot but confirmed a trust fund set up for his children has a stipulation that includes rewards for marrying a person who is white, Christian and the opposite sex.
Since Halprin’s execution was stayed, another district judge reviewed and weighed in on the case, recommending his conviction and death sentence be tossed. After a three-day hearing, Tarrant County prosecutors also agreed Halprin’s right to a fair trial was violated. Dallas County District Attorney John Creuzot recused his office from the case.
A spokeswoman for the Dallas County district attorney’s office declined to comment. The Tarrant County DA’s office did not immediately respond to an email.
“It is indeed unfortunate that Aubrey Hawkins’ family, our officers, our department, and our city will have to endure the reopening of old wounds and relive the horrors of what transpired,” Irving police Chief Derick Miller said in statement. “Waiting almost 24 years for justice has already been a long and difficult journey, and it appears that we must now prepare to wait a bit longer.”
The chief added: “We remain steadfast in our commitment to seeking justice for Aubrey Hawkins and his loved ones, and we hope that the legal process will ultimately lead to a resolution that honors his memory and the sacrifices made by all involved.”
Six members of the Texas Seven were sentenced to death. Four have been executed. Patrick Murphy remains on death row. Larry Harper died by suicide to avoid capture.
Before the escape, Halprin was serving a 30-year sentence for beating a child in Tarrant County.
Schardl, Halprin’s lawyer, said his client will probably be sent to Dallas for the proceedings in the 283rd District Court.
Creuzot has not sought the death penalty since taking office in 2019.