FILE--Prison inmates Joseph Garcia, Randy Halprin, Larry Harper, Patrick Murphy Jr., Donald Newbury, George Rivas, and Michael Rodriguez, in these undated Texas prison handout photos. Rivas and five others were accused of killing officer Aubrey Hawkins while robbing a sporting goods store after breaking out of a maximum-security prison in Kenedy on Dec. 13, 2000. The seventh man, Larry Harper, killed himself rather than surrender. AP Photo/Texas Dept. of Criminal Justice, File

Tarrant County prosecutors agree that a Jewish man who was sentenced to death nearly 20 years ago for killing a police officer should get a new trial due to the judge’s anti-Semitic bias.

In December 2000, Randy Halprin and six other inmates, known as the “Texas Seven,” escaped from a maximum security prison in Kenedy. In the weeks that followed they robbed numerous stores and fatally shot Irving police Officer Aubrey Hawkins on Christmas Eve, authorities have said.

In 2003, Judge Vickers Cunningham convicted Halprin for his part in the killing and sentenced him to death.

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The 2003 trial took place in Dallas County, but the Dallas County Criminal District Attorney’s Office was recused from proceedings on the issue of whether Halprin should have a new trial. Tarrant County prosecutors were appointed to represent the state on this matter.

According to a Wednesday news release from the Tarrant County Criminal District Attorney’s Office, Cunningham’s brother and two friends testified that Cunningham referred to Halprin as “the Jew” and “Jew Halprin” before and after the 2003 trial.

Tarrant County District Attorney Sharen Wilson and Assistant District Attorneys Anne Grady and Lloyd Whelchel said in a joint response that the epithets show bias and Halprin is entitled to a new trial.

The Texas Court of Criminal Appeals will make the final decision about whether or not Halprin should get a new trial. If a retrial is approved, the case will return to Dallas County for further prosecution.

Halprin and Patrick Murphy are the only members of the Texas 7 who are still alive. One of the men killed himself before he could be apprehended and the other four have already been executed.

This story was originally published September 28, 2022 12:28 PM.