Dallas man to die for killing daughters while mom listened on the phone
John David Battaglia told his wife ‘Merry f***ing Christmas’ before shooting their daughters - but says he doesn’t remember it
A former Dallas accountant condemned for fatally shooting his two young daughters while their mother listened helplessly on the phone is looking to the US Supreme Court to spare his life.
John David Battaglia is set for execution on Thursday evening for the May 2001 killings of his nine-year-old daughter Faith, and her six-year-old sister Liberty. Battaglia and his wife had separated and the girls were killed at his Dallas flat during a scheduled visit.
Battaglia’s lawyers have asked the Supreme Court to stop the punishment and review his case, contending Battaglia, 62, was delusional and mentally incompetent for execution,
Merry f***king Christmas
The 5th US Circuit Court of Appeals, hours before Battaglia’s scheduled punishment, rejected an appeal that argued a lower court improperly refused his lawyers money to hire an expert to further examine legal claims he is mentally incompetent for execution.
The Supreme Court has ruled that prisoners can be executed if they’re aware the death penalty is to be carried out and have a rational understanding of why they’re facing that punishment.
Lawyers for Battaglia contend that he doesn’t have that understanding and that the state’s highest court, the Texas Court of Criminal Appeals, misapplied the Supreme Court’s guidance when it ruled that Battaglia is competent.
They also argue that a federal judge improperly denied their requests for additional money to hire an expert to collect information about his competency, which has been the focus of prolonged appeals in his case.