'Texas 7' Retrial: Dallas County DA argues for removal from Randy Halprin's case
DALLAS - A judge could soon decide if the Dallas County District Attorney will be recused from the case of Randy Halprin, one of the "Texas 7" inmates.
‘Texas 7’ Retrial
What's new:
During a hearing on Thursday morning, prosecutors from District Attorney John Creuzot's office argued that they should be removed from Halprin’s case because of a possible conflict of interest and the appearance of impropriety.
One of the DA'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.
"We’ve been accused of purposeful delay. But, your honor, we filed this motion to recuse within seven weeks of counsel’s appointment here. We have made this decision to file the motion with an eye toward having a fair trial," said Assistant District Attorney Shelly Yeatts.
'Texas 7' member Randy Halprin's case stalls after DA asks for recusal
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.
Judge Lela Mays said she would take arguments under advisement, and the court would reconvene another day.
If she grants the DA’s motion, she will need to appoint a special prosecutor, and the trial will be reset.
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.
'Texas 7' death row inmate who murdered police officer could get a new trial
A man convicted of killing an Irving police officer could get a new trial because of the supposed bias of the judge who oversaw his trial.
"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.
The Source: The information in this story comes from Thursday morning's court hearing, Associated Press coverage of the appeals court's ruling, and past FOX 4 News coverage.