SAN ANTONIO — A Texas appeals court has ruled that a new trial is warranted for a Jewish man on death row due to evidence of antisemitic bias from the judge who oversaw his trial. This decision comes as Randy Halprin, a member of the infamous “Texas 7” gang of inmates, faces scrutiny over the events surrounding the 2000 escape and subsequent crimes, which included the fatal shooting of officer Aubrey Hawkins.

Halprin’s legal team argued that former Judge Vickers Cunningham made derogatory comments, including racial slurs and antisemitic language, directed at him and his co-defendants. At 47 years old, Halprin was part of the group that escaped from a South Texas prison and engaged in a series of robberies that resulted in Hawkins being shot 11 times, ultimately leading to his death.

In a 6-3 decision, the Texas Court of Criminal Appeals concluded that Halprin’s conviction should be overturned. They indicated that Cunningham demonstrated a significant bias against Halprin due to his Jewish identity. The court highlighted that Cunningham had allegedly propagated harmful antisemitic stereotypes throughout his life and continued to express derogatory sentiments about Jews during his judicial tenure.

Specific evidence presented during the ruling illustrated that Cunningham used offensive language about Halprin and made generalizations about Jewish individuals outside the courtroom. The court asserted that there was clear evidence indicating that Cunningham’s opinion of Halprin was influenced by his antisemitism, which is a serious breach of judicial conduct.

In 2019, Halprin’s execution had already been put on hold, reflecting growing concerns about the validity of the judgments rendered against him. Following the appeals court decision, attorney Tivon Schardl expressed hope that the ruling would help restore faith in the criminal justice system, stating that it was crucial to eliminate religious bigotry from the courtroom.

The mandate for a new trial was reinforced by a December 2022 ruling from Judge Lela Mays, who stated that Cunningham was unable to separate his antisemitic bias from his judicial decision-making. Mays also indicated that Cunningham made various racist, homophobic, and antisemitic remarks regarding Halprin and his fellow inmates.

Since leaving the bench in 2005, Cunningham has transitioned to private practice in Dallas; however, he has refused to comment on the ongoing case involving Halprin. Previously, he denied allegations of bias but admitted to having a living trust that incentivizes marriage within certain racial and religious parameters. Although he initially opposed interracial marriages, he later claimed that his perspectives had changed over time.

With the Dallas County District Attorney’s Office disqualified from the case due to the nature of Halprin’s allegations, legal matters have been reassigned to the Tarrant County District Attorney’s Office. In September 2022, Tarrant County prosecutors submitted filings supporting Halprin’s request for a new trial, citing actual bias from Cunningham.

Out of the seven prisoners who escaped, one took his own life prior to their recapture, while four others have been executed. Patrick Murphy is the only remaining inmate facing execution from the group.