'Texas 7' inmate Randy Halprin's court hearing turns into battle over documents

DALLAS - There was a battle in a Dallas County courtroom on Friday over documents not given to defense attorneys for the new trial of convicted "Texas 7" killer Randy Halprin.

Halprin was a member of the "Texas 7" gang that broke out of prison and killed an Irving police officer in 2000.

Part of Friday’s dispute involved the district attorney’s effort to disqualify one of Halprin’s court-appointed defense attorneys because he once worked in the DA’s office.

Randy Halprin’s New Trial

What's new:

Halprin attended Friday’s court hearing related to his new trial.

It was set for the state to give Judge Lela Mays an update on the more than 100 boxes of paper records and evidence being digitized. Those documents are supposed to be turned over to the defense during the discovery process.

District Attorney John Creuzot told the judge some of the documents are done. But defense attorneys Phillip Hayes and Heath Harris said they haven’t received any.

"We shouldn’t have to go to the media looking back at the history of this case to start preparing for his case. And we’d like our discovery as soon as possible," Harris said.

Creuzot explained he didn’t think it was appropriate to turn the documents over until there was a ruling on his motion.

"Under ordinary circumstances, yes, we’d be handing. No problem. But unfortunately, we’re not in ordinary circumstances," he said.

What's next:

Judge Mays ordered the DA to turn over everything that has been digitized so far to the defense. Creuzot’s office has until the end of the day on Monday to comply.

Motion to Disqualify Halprin’s Defense Attorney

What's new:

A 59-page motion filed on Thursday night seeks to have Harris disqualified from serving as part of Halprin’s defense team because of his past work in the DA’s office.

"The state is convinced Harris has a conflict and is disqualified from representing Halprin because, as the former First Assistant District Attorney in the Dallas County District Attorney’s Office from 2011 to 2014, Harris participated in Halprin’s and his co-defendant’s post-conviction cases," the motion states.

What they're saying:

Harris angrily denied having any involvement in the prosecution or post-conviction cases of the Texas 7 and accused the DA of stalling. 

He said there’s a reason Creuzot doesn’t want him on this case.

"I’m not trying to walk him back to death row. I’ve seen it. I’m not trying to walk him. I’m going to do everything I can to prevent it. That’s why they don’t want me on this case, and they know it," he said.

What's next:

Judge Mays will hear evidence on whether Harris should be disqualified on April 14.

Who are the ‘Texas 7’?

The backstory:

Halprin, who is now 47, was one of seven inmates who became known as the "Texas 7."

In December of 2000, they escaped from a South Texas prison and then committed several robberies, including one at an Irving sporting goods store where they shot and killed 29-year-old Irving police officer Aubrey Hawkins.

Halprin is one of only two members of the "Texas 7" still alive.

Larry Harper killed himself before the group was arrested. Four others – Joseph Garcia, Donald Newbury, Michael Rodriguez, and George Rivas – have been executed. Patrick Murphy is still awaiting execution.

Appeals court orders new trial 

What we know:

The Texas Court of Criminal Appeals halted Halprin’s execution in 2019. 

This past November, the court overturned the conviction and ordered that Halprin be given a new trial.

New evidence supported the argument that Judge Vickers Cunningham, who presided over Halprin's original trial, held a strong bias against the defendant because he is Jewish.

"The uncontradicted evidence supports a finding that Cunningham formed an opinion about Halprin that derived from an extrajudicial factor — Cunningham’s poisonous antisemitism," the appeals court wrote in its ruling. 

Cunningham is now retired from the bench and works as an attorney in a private practice.

He has not commented on Halprin’s case.

Dallas CountyCrime and Public Safety