Conviction of Jewish death row inmate overturned due to judge's antisemitism

Witnesses to the 2001 trial, including Mr Cunningham's brother and two lifelong family friends, testified that they had heard Judge Cunningham describe Mr Halprin and his co-defendants as “the Mexican, the queer, and the Jew” and had said: “I’m going to get them all the death penalty.”

District Jude Lela Mays wrote in a ruling on Monday: “Cunningham not only harbored antisemitic bias at the time of trial, but he did not or could not curb the influence of that bias in his judicial decision-making,

“[Mr Cunningham’s] use of these terms to refer to the co-defendants was racist because it combined the attribution of group characteristics with the exercise of power over them.”

In October 21, Judge Mays had found that Judge Cunningham had violated Mr Halprin's right to a fair trial and recommended overturning the death sentence.

Judge Cunningham stepped down from the bench in 2005 and now works as an attorney in a private practice in Dallas.

Amanda Tackett, who worked on Mr Cunningham’s 2006 campaign for Dallas district attorney, said she heard him say he was running for office to “save Dallas” from racial and religious minorities. Mr Cunningham denies the allegations made against him.

He also denied allegations of racial bigotry in 2018 during an interview with Dallas Morning News, though he did admit to setting up a living trust that rewards his children for marrying straight, white Christians.

Mr Halprin’s case will now be forwarded to the Texas Court of Criminal Appeals where he will face a new trial over the shooting.