The Texas Seven prison escapee will face a new trial in Dallas in the killing of an Irving police officer

Texas Seven prison escapee Randy Halprin will face a new trial in Dallas County because the judge in his 2003 murder trial held anti-Semitic views, the state’s highest criminal court ruled Wednesday.

Halprin, a Jew, is one of seven inmates who escaped from the John B. Connally Unit near Kenedy in December 2000, before Irving police officer Aubrey Hawkins was fatally shot during a Christmas Eve robbery. Halprin was sentenced to death for his role in Hawkins’ killing, but denied being one of the men who shot the officer.

The Texas Court of Criminal Appeals had previously stayed his execution following allegations that former state district judge Vickers Cunningham, who presided over Halprin’s trial, was prejudiced against him.

The ruling is a step toward “greater confidence in the criminal law by overturning a hopelessly tainted death sentence from a bigoted and biased judge,” Halprin attorney Tivon Schardl said in a statement.

“By upholding the constitutional requirement for fair and equal treatment, the Court of Appeal has increased confidence in the criminal law,” he said. “It also reminded Texans that religious bigotry has no place in our courts.”

When reached by text message Wednesday afternoon, Cunningham said, “I’m in court right now.” An official at his law firm declined to comment, saying Cunningham would have no comment.

Cunningham has previously denied the allegation, saying the allegations were “lies from my estranged brother and his friends.”

In their 5-4 opinion, the justices noted that Cunningham had a history of using derogatory language toward Jews; made “offensive, anti-Semitic comments” about Halprin during his trial; and mocked Jewish donors to his failed campaign for district attorney.

“The uncontradicted evidence supports the finding that Cunningham formed an opinion about Halprin that was based on an extrajudicial factor – Cunningham’s toxic anti-Semitism,” the ruling said.

In a concurring opinion, Judge Bert Richardson said the case was not just one in which a judge’s actions could look bad or have the appearance of impropriety.

“This is a case,” he wrote, “where someone was unable to lead this case because of his lifelong hatred and prejudice against Jews.”

Cunningham’s brother, Bill Cunningham, recounted it The Dallas Morning News in 2018 that Vic Cunningham was a lifelong racist. The judge at the time said he was not a bigot, but confirmed that a trust fund set up for his children had a provision providing rewards for marrying a person who was white, Christian and of the opposite sex.

Because Halprin’s execution was stayed, another district judge reviewed the case, commented on the case, and recommended that his conviction and death sentence be overturned. After a three-day hearing, Tarrant County prosecutors also agreed that Halprin’s right to a fair trial had been violated. Dallas County District Attorney John Creuzot recused himself from the case.

A spokeswoman for the Dallas County District Attorney’s Office declined to comment. The Tarrant County District Attorney’s Office did not immediately respond to an email.

“It is indeed unfortunate that Aubrey Hawkins’ family, our officers, our department and our city must endure the reopening of old wounds and relive the horrors of what happened,” said Irving Police Chief Derick Miller . “Waiting nearly 24 years for justice has already been a long and difficult road, and it appears we must now prepare ourselves to wait a little longer.”

The chief added, “We continue to work tirelessly to seek justice for Aubrey Hawkins and his loved ones and hope that the legal process ultimately leads to a resolution that honors his memory and the sacrifices of all involved.”

Six members of the Texas Seven were sentenced to death. Four were executed. Patrick Murphy remains on death row. Larry Harper died by suicide to avoid capture.

Before the escape, Halprin was serving a 30-year prison sentence for beating a child in Tarrant County.

Schardl, Halprin’s attorney, said his client will likely be sent to Dallas for trial in the 283rd District Court.

Creuzot has not sought the death penalty since taking office in 2019.