U.S.

Texas 7 Leader To Go On Trial

By CBSNews.com staff CBSNews.com staff

August 13, 2001 / 10:43 AM EDT / CBS

Prosecutors have set their sights on the alleged ringleader of the Texas Seven, a group of men accused of killing a police officer after breaking out of a maximum security prison.

Opening statements were expected Monday in the trial of George Rivas, one of six people being tried in the murder of officer Aubrey Hawkins. Hawkins was killed on Christmas Eve at an Irving, Texas, sporting goods store, where he was responding to a reported robbery.

That officer's family has now filed a wrongful death suit against the state for allowing the escape, and that family will be in the court room for this trial.

Rivas allegedly said after his capture that he fired some of the shots that killed Hawkins. He faces a possible death sentence if convicted. A state judge entered a plea of innocent for him.

The Texas Seven had broken out of a prison in Kenedy, about 60 miles south of San Antonio, on Dec. 13. The gang led authorities on a nationwide manhunt for six weeks before being arrested at a Colorado RV park, where they had told their neighbors they were missionaries.

A seventh inmate committed suicide as authorities closed in.

State District Judge Molly Francis may rule this week on a defense motion to throw out a 21-page police statement in which Rivas allegedly confessed to the murder. Defense attorneys say the statement was illegally obtained because Rivas was denied prompt access to a public defender. Prosecutors and investigators deny that claim.

Defense attorney Wayne Huff also has asked the judge to let Rivas testify without facing prosecutors' questions about his criminal record. When he escaped, Rivas was serving 99 years for aggravated kidnapping and burglary in El Paso.

Rivas might testify but defense attorneys have told CBS News Reporter Rob Milford that would be a bad move.

Prosecutors planned to portray Rivas as a lifelong criminal who killed a police officer in an effort to avoid returning to prison.

It's a small courtroom for such a big case, reports Milford. Dallas wants to treat it just like any other murder. But there is that notoriety, that long manhunt, all the reward money, and such a long hunt for the gang, on the loose for almost seven weeks.

Separate murder trials were planned for the five other surviving members of the Texas Seven, with each defendant facing a possible death sentence.

A gag order prohibits all trial participants from speaking publicly about the cases. There will be audio but no courtroom television; the still pictures will come through a small window in the door with a very small view of the courtroom.