'Texas 7' member Randy Halprin's case stalls after DA asks for recusal

DALLAS - The case against one of the "Texas 7" death row inmates is on hold until a judge can hear a motion to recuse the Dallas County District Attorney's Office.

If the judge grants that motion, she will have to appoint a special prosecutor and the trial would be further delayed.

Randy Halprin Court Hearing Today

What's new:

Monday’s hearing was supposed to consider a motion to have one of Randy Halprin’s court-appointed attorneys, Heath Harris, removed from the defense team because he previously worked in the Dallas County District Attorney’s Office.

Harris has denied any involvement in the prosecution or post-conviction cases of the "Texas 7" and has accused the DA of trying to stall the case.

But Judge Lela Mays said she could not consider the motion because the DA’s office filed a new motion late Friday afternoon.

"We are not going to be able to have this hearing today based on a motion to recuse from the Dallas County District Attorney’s Office. And with that being the case, that is going to have to be the very first thing that is heard as it relates to this case," Judge Mays said. "So, unfortunately, it's out of my control. We are going to go ahead and reset this case for that hearing ASAP."

She did not let either side comment on the new motion. 

However, Halprin’s defense team expressed some frustration about the delay. 

"We would like to make sure that we put on record that we’re requesting a speedy trial at this time because, again, we’ve gotten delay after delay, and I want to make sure that my client's rights are protected from any other potential motions that will further delay this process," Harris said.

Dig deeper:

District Attorney John Creuzot's said he is requesting a recusal because one of his office's chief prosecutors worked for the law firm that filed Halprin's first challenge to his 2003 conviction. She also visited him in prison back in 2007.

Now that she's a chief in the DA's office and because of her previous involvement with Halprin, Creuzot said the office must recuse itself.

"Any lingering grounds for appeal, they want to avoid it. And that's why they're trying to avoid any conflicts and avoid any taints in this case," said defense attorney Anthony Farmer, an expert who is not involved in the case.

If Judge Mays grants the DA's new motion, she will need to appoint a special prosecutor and the trial will be reset.

"You have to give ample time for any new attorney to get up to speed and being that this is a high profile case, there's hours of investigation, fact-finding, and research to do before being prepared on this case," Farmer said. "The concern with the defense is going to be, ‘Well, you guys knew this all along. Why is this just now coming to the forefront?'"

What's next:

A hearing for that motion was set for Thursday at 9 a.m.

Who are Randy Halprin and 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