Randy Halprin has not escaped the death penalty yet, but a recent decision by the Tarrant County Criminal District Attorney’s Office may give the convicted man an opportunity at a fresh trial.
Halprin was initially convicted of child abuse after he was found guilty of abusing a 16-month-old infant while high on LSD in 1996. On December 13, 2000, Halprin was one of seven inmates (nicknamed “the Texas 7”) to escape a maximum-security prison in Texas, leading to the shooting death of Irving Police Officer Aubrey Wright Hawkins.
Six of the seven inmates involved in the John B. Connally Unit escape were captured about a month after the escape. One of the escaped inmates committed suicide to prevent recapture. Four others have been executed by the State of Texas for their roles in the death of Officer Hawkins.
Halprin has won the approval of the criminal district attorney’s office to have his case refiled after it was determined that the trial judge “harbored deep-seated animus towards and prejudices about non-white, non-Christian people” before, during, and after [Halprin’s] trial.
Those views “informed his [Cunningham’s] thinking about his public service in the law,” according to a legal filing by the Tarrant County District Attorney’s Office.
Controversy has erupted as a result of allegations of anti-Semitic language by trial judge Vickers “Vic” L. Cunningham, who was a judge in the 283rd District Court of Dallas in 2003. Cunningham heard the case against Halprin after his recapture and the murder of Officer Hawkins.
Witnesses claimed that Cunningham referred to Halprin as “the Jew, Randy the Jew, Jew Halprin,” and an anti-Semitic slur, according to the legal filing. Witnesses included Judge Cunningham’s brother, who reported the derogatory comments after Halprin was convicted.
Attorneys representing the inmate requested a new trial on the grounds of alleged due process violations. Specifically referenced are that the sentencing judge violated the rules requiring an unbiased opinion by reportedly stating in public and open court that he held discriminatory views toward members of the Jewish race and religion.
“These and other epithets were ‘clearly derogatory’ and show ‘actual bias’ against Halprin during his trial because he is Jewish,” read a press release from the office of Sharen Wilson, Tarrant County criminal defense attorney.
“While this office’s agreement is an important step toward Halprin being granted a new trial, ultimately, the Texas Court of Criminal Appeals will have to make that decision,” the release stated.
“If the Court of Criminal Appeals grants Halprin relief, this office’s appointment to the writ procedure will be concluded. The case will return to Dallas County for further prosecution,” it detailed.
While it is unlikely that Halprin’s conviction in the murder of Officer Hawkins will be overturned through evidence at a new trial, the bias shown by the statements made by Judge Cunningham during and after the trial requires the courts to take another look at the facts.
Judge Cunningham is now the manager and direct partner of The Law Office of Judge Cunningham in Dallas, a law firm dedicated to providing criminal defense services, after retiring as a district court judge.