Dallas, TX
Texas Seven prison escapee will get new Dallas trial in killing of Irving police officer, court rules
Texas Seven prison escapee Randy Halprin will get a new trial in Dallas County because the judge at his 2003 capital murder trial harbored antisemitic views, the state’s highest criminal court ruled Wednesday.
Halprin, who is Jewish, is one of seven inmates who escaped from the John B. Connally Unit near Kenedy in December 2000 before fatally shooting Irving police Officer Aubrey Hawkins during a Christmas Eve robbery. Halprin was convicted and sentenced to death for his role in Hawkins’ killing, but he has denied being one of the men who shot the officer.
Texas’ Court of Criminal Appeals previously halted his execution because of allegations former state District Judge Vickers Cunningham who presided over Halprin’s trial was prejudiced against him.
The ruling takes a step toward “broader trust in the criminal law by throwing out a hopelessly tainted death judgment handed down by a bigoted and biased judge,” Halprin’s attorney Tivon Schardl said in a statement.
“By upholding the Constitution’s requirement of fair and equal treatment, the Court of Criminal Appeals promoted faith in the criminal law,” he said. “It also reminded Texans that religious bigotry has no place in our courts.”
When reached over text Wednesday afternoon, Cunningham said “I’m in court right now.” An employee at his law office declined to comment and said Cunningham would have no comment. Cunningham has previously denied the allegation, saying the accusations were “lies from my estranged brother and his friends.”
In their 5-4 opinion, the justices found Cunningham had a history of using derogatory language toward Jewish people; made “offensive, antisemitic remarks” about Halprin during his trial; and ridiculed Jewish donors to his failed campaign for district attorney.
“The uncontradicted evidence supports a finding that Cunningham formed an opinion about Halprin that derived from an extrajudicial factor — Cunningham’s poisonous antisemitism,” the ruling reads.
In a concurring opinion, Judge Bert Richardson said the case isn’t just one where the action of a trial judge may look bad or there’s the appearance of impropriety. “This is a case,” he wrote, “where a person’s lifelong hatred and prejudice against Jews made him unfit to preside over this case.”
Cunningham’s brother, Bill Cunningham, told The Dallas Morning News in 2018 that Vic Cunningham was a lifelong racist. The then-judge said he wasn’t a bigot but confirmed a trust fund set up for his children has a stipulation that includes rewards for marrying a person who is white, Christian and the opposite sex.
Since Halprin’s execution was stayed, another district judge reviewed and weighed in on the case, recommending his conviction and death sentence should be tossed. After a three-day hearing, Tarrant County prosecutors also agreed Halprin’s right to a fair trial was violated. Dallas County District Attorney John Creuzot recused his office from the case.
A spokeswoman for the Dallas County district attorney’s office declined to comment. The Tarrant County DA’s office did not immediately respond to an email.
“It is indeed unfortunate that Aubrey Hawkins’ family, our officers, our department, and our city will have to endure the reopening of old wounds and relive the horrors of what transpired,” Irving police Chief Derick Miller said in statement. “Waiting almost 24 years for justice has already been a long and difficult journey, and it appears that we must now prepare to wait a bit longer.”
The chief added: “We remain steadfast in our commitment to seeking justice for Aubrey Hawkins and his loved ones, and we hope that the legal process will ultimately lead to a resolution that honors his memory and the sacrifices made by all involved.”
All members of the Texas Seven were sentenced to death except for Larry Harper, who died by suicide to avoid capture. Four were executed. Patrick Murphy remains on death row.
Before the escape, Halprin was serving a 30-year sentence for beating a child in Tarrant County.
Schardl, Halprin’s lawyer, said Halprin will likely be sent to Dallas for the proceedings in the 283rd District Court. Creuzot has not sought the death penalty since taking office in 2019.
Emma Ruby
A historic downtown cemetery has found itself in the crosshairs of a group skeptical about the direction of development in downtown Dallas.
The Pioneer Park cemetery is home to the graves of Dallas’ founders. Nearly every major Dallas myth hero and corresponding street name can be found etched into the stones — many of which date back to the 1800s. But the burial site also sits in the heart of downtown, tucked between the convention center and City Hall building.
It’s that location that worries the Save City Hall coalition, a group of organizers who have stood opposed to plans for Dallas’ municipal government to abandon the I.M. Pei-designed building on Marilla Street. According to a notice the coalition sent to the city on Thursday, surveyors have been spotted at the cemetery in recent weeks, and rumors have begun to emerge that the graves may have been included in the latest plans to develop the convention center and surrounding area.
“Pioneer Cemetery is hallowed ground, not a real estate opportunity,” the coalition said in a statement. “The law is crystal clear: you cannot simply pave over the founders of this city to build a basketball arena or a convention center hall. Any attempt to disturb these remains without strict adherence to state statutes is not just a civil violation — it is a jailable felony.”
The notice is the seventh that the coalition has sent to the city in recent months, and each threatens litigation if Dallas’ government fails to comply with various codes and ordinances. In reference to Pioneer Park, the coalition claims that the cemetery’s status as a historical landmark protects it from demolition or tampering. The notice also outlines an extensive process that must be followed when moving remains.
A city of Dallas spokesperson confirmed to the Observer Thursday afternoon that the city was aware of the notice, but stated that any work being done at the cemetery is above board and planned. The city declined to comment on the notice itself.
“Pioneer Park is currently under a plan to refurbish the steers and rider, fix the drainage and replant. There is no plan to change the site into something different,” the statement said.
Still, this is not the first time that the cemetery’s downtown location has been questioned.
The Dallas City Council approved the construction of a new convention center back in 2022. At the time, the state-of-the-art facility came with a $2 billion price tag. (Four years and two construction delays later, we’re looking at a $3.8 billion total.)
Some council members opposed the plan, in part because of the cost. But the Pioneer Park cemetery was cited as a challenge for the site plan, with council member Cara Mendelsohn stating that “across the nation,” people in the events, convention, and hospitality industries “make fun of Dallas for having a cemetery outside of its convention center.”
On Thursday, Mendelsohn declined to say whether she’s heard of any plans involving the redevelopment of the cemetery, but said she’s asked about the burial site “probably 10 times” during various council meetings, and has never been given “a straight answer.”
Still, the staunch supporter of City Hall said she could be persuaded into endorsing a cemetery relocation, with one major stipulation.
“I could support moving Pioneer Cemetery to Old City Park or combining it into one of the historic cemeteries in the city limits if the agreement included a provision to not abandon [or] relocate City Hall,” Mendelsohn said.
The Dallas Mavericks play on Thursday afternoon at 3pm on Amazon Prime against the Summer Oklahoma City Thunder. Honestly, I forgot about this game, regular work day and all for me, and I suspect most Mavs fans won’t be catching this one either. But in case you do, here’s a discussion board:
I have no idea who isn’t playing. I hope Morez Johnson does but calf injuries are serious.
The Grizzlies game was fun. Here’s hoping this one is too. How’s that for a game preview. If any of the guys drafted in Dallas plays, then that’s a good thing. We want to see them play basketball.
The Dallas Mavericks, or at least the summer version of themselves, knocked off Cam Boozer and the Memphis Grizzlies on Monday night to win their first game of the Las Vegas Summer League. As the old adage goes, what happens in Vegas stays in Vegas, and that should be true of any grandiose Summer League takes from Dallas’ first three games.
Nonetheless, after attending the Mavericks’ first game in Vegas and loosely watching the last two, there are at least some big picture thoughts that I think could matter as we get closer to the NBA’s regular season.
The rooks have impressed far more than the sophomores
It’s not like Dallas was in a position where they needed a second-year guy to come to Vegas and show that they’re too good for Summer League. Cooper Flagg showed plenty enough last year in route to winning Rookie of the Year to avoid playing in Vegas again. The Mavericks did, however, bring each of their three two-way contract players to Vegas, and the results have been mixed at best.
Ryan Nembhard was legitimately terrible against the Lakers on Saturday night, with five turnovers complimenting his 3-for-11 night from the floor. John Poulakidas has been fine, albeit the shot has been a bit uninspiring after yet another 1-for-4 showing against Memphis on Monday. And then there’s Tyler Smith, who received a DNP – coaches decision on Monday against the Grizzlies after playing just 28 combined minutes in the first two contests.
Meanwhile, Morez Johnson Jr. had 27 points in game one, Sergio de Larrea just dropped 16 points and 12 assists in the win over Memphis, Tobi Lawal is doing some fun athletic stuff, and Seva Ishchenko has been better than I thought in his three games of action. That juxtaposition leaves Dallas in an interesting spot as they evaluate what the end of the roster will look like.
Morez Johnson Jr., Sergio de Larrea two-man actions should be a bench-group staple
One of the more intriguing things about the first two games was seeing the synergy of the Mavericks two first round selections. In game one against the Warriors, Morez Johnson Jr. and Sergio de Larrea hooked up for a couple of excellent possessions, with Johnson Jr. slipping a screen and de Larrea throwing an excellent pass, resulting in nice finishes at the rim.
As Sergio continued to get increasingly comfortable, you saw the best of him against Memphis. Twelve assists against that Memphis group is quite salty! De Larrea showed off his vision and passing creativity, throwing several pinpoint lobs for dunks. Of course, as the pair learns to scale this into the NBA there will be some challenges. But as an early return, I like the idea of this two-man tandem alongside Cooper Flagg and Kyrie Irving.
Seva Ishchenko isn’t ready for the NBA… yet
I’m actually more impressed with Ishchenko after the first week in Vegas than I thought! He’s been a pleasant surprise to watch, as he hasn’t been as overwhelmed athletically as many have feared. Granted, it’s been very hit or miss on that, but on the whole, he’s fit in quite nicely.
Another year or two of seasoning for The Big Lebowski would do him very well. The Mavericks should be angling for him to end up in a stronger European league than where he was last year, playing for Lokomotiv in Russia. Ishchenko needs to get stronger, which will help him overcome the issues he’s had finishing at the rim during the first week of Summer League. But there have been glimpses of what the vision there is. Here’s to hoping the Mavs can play the long game here.
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