Dallas Court Denies Recusal Request in Randy Halprin’s Retrial

DALLAS – A Dallas County judge has officially ruled against a motion to recuse the District Attorney’s Office from the retrial of Randy Halprin, one of the infamous “Texas 7” inmates.

Judge’s Decision on Recusal Motion

Judge Lela Mays opted not to grant a request from District Attorney John Creuzot seeking their office’s removal from the case following potential conflicts of interest.

During a recent court hearing, prosecutors highlighted that one of their senior attorneys previously worked for a firm that represented Halprin in his initial appeal against his 2003 conviction, as well as visiting him in prison as early as 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,” stated Assistant DA Shelly Yeatts.

Proceeding with the Case

Typically, it is unusual for a judge to decline such a DA’s request for recusal. If granted, it would have necessitated the appointment of a special prosecutor, delaying the trial. However, Judge Mays’ refusal allows the trial to continue as scheduled.

Next, the court will address a separate motion aimed at disqualifying one of Halprin’s defense attorneys over similar concerns regarding a conflict of interest.

Background on Randy Halprin and the ‘Texas 7’

Randy Halprin, aged 47, is one of the last surviving members of a group of inmates known as the “Texas 7.” In December 2000, Halprin and six others escaped from a South Texas prison, subsequently committing various robberies, including a tragic incident in Irving, Texas, that led to the death of officer Aubrey Hawkins.

Halprin is currently one of two surviving members of this group. Larry Harper took his own life prior to their apprehension. The other four, Joseph Garcia, Donald Newbury, Michael Rodriguez, and George Rivas, have since been executed. Patrick Murphy remains on death row, awaiting his execution.

Reversal of Conviction and New Trial Ordered

In 2019, the Texas Court of Criminal Appeals intervened to halt Halprin’s execution. By November of the same year, the court overturned his conviction, mandating a new trial supported by new evidence suggesting bias from the original trial judge, Vickers Cunningham, against Halprin due to his Jewish background.

The court’s ruling noted, “The uncontradicted evidence supports a finding that Cunningham formed an opinion about Halprin that derived from an extrajudicial factor — Cunningham’s poisonous antisemitism.” Currently, Judge Cunningham is retired and practicing privately but has not publicly commented on the case.