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#Post#: 138--------------------------------------------------
~ John Battaglia, 01Feb18, (TX) ~
DIR By: BuzzC
Date: March 23, 2016, 8:15 pm
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This prick dies on March 30th, 2016...
[IMG]
HTML http://i192.photobucket.com/albums/z96/BuzzC/Misc/John-Battaglia-prison1.jpg[/img]
John Battaglia, Texas death row inmate who killed daughters,
loses latest appeal--
July 15, 2015
John Battaglia, the accountant convicted of killing his two
daughters in a Deep Ellum loft in 2001, will remain on death row
after a court denied his latest appeal Wednesday.
During a regular custody visit, Battaglia took 9-year-old Faith
and 6-year-old Liberty to the Adam Hats Loft where he lived and
shot them while on the phone with their mother. “Mommy, why do
you want Daddy to have to go to jail?” Faith asked before she
died.
He was arrested outside a nearby tattoo parlor several hours
later and convicted of capital murder in 2002.
Battaglia, who will turn 60 next month, filed an appeal with the
5th Circuit U.S. Court of Appeals, arguing he received
ineffective counsel because his attorneys failed to question
jurors about their openness to considering mental health in
their decision. Defense psychiatrists testified at his trial
that he has bipolar disorder.
The court denied his request. An execution date has not been
set.
I interviewed Battaglia on death row last year for a story about
people convicted of killing their loved ones.
He told me then he was “a little bit in the blank” about what
happened. He denied responsibility for his daughters’ deaths.
“I don’t feel like I killed them,” he said.
Watch as I prompt Battaglia to explain his position in the video
below and he describes the photos of his daughters he keeps in
his prison cell.
HTML http://crimeblog.dallasnews.com/2015/07/john-battaglia-convicted-child-killer-on-texas-death-row-loses-latest-appeal.html/
#Post#: 148--------------------------------------------------
Re: ~ John Battaglia, (TX) ~
DIR By: BuzzC
Date: March 30, 2016, 5:50 pm
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Execution postponed for John Battaglia, Dallas man who murdered
his ‘little babies’--
March 30, 2016
John Battaglia, 60, won an appeal with the Fifth Circuit Court
of Appeals, which stayed the execution so his attorney could
pursue claims of mental incompetency.
Texas did not challenge the court’s ruling.
The execution, scheduled for shortly after 6 p.m., was postponed
until the courts can sort out whether Battaglia should be spared
because of mental illness and “delusions.”
Battaglia’s crime horrified people in Dallas and beyond,
attracting news coverage from around the world.
On May 2, 2001, Battaglia shot his daughters, 9-year-old Faith
and 6-year-old Liberty, inside his Deep Ellum loft in an act of
revenge against their mother. He had arranged a call with his
ex-wife, who listened on the phone as the older girl begged,
“No, Daddy! Don’t do it!”
Afterward, Battaglia headed to a nearby tattoo parlor to have
two red roses etched into his arm — in memory, he said, of his
little girls.
He also left a message on his daughters’ answering machine that
night. “Goodnight, my little babies,” he said. “I hope you are
resting in a different place. I love you.”
At his capital murder trial, defense psychiatrists testified
that Battaglia suffered from bipolar disorder. An adult daughter
from his first marriage later said he was also diagnosed with
narcissistic personality disorder, characterized by manipulative
behavior, a hyperinflated sense of self-importance and a lack of
empathy.
The appeals court didn’t rule on whether Battaglia qualifies for
an insanity defense. But it agreed that Battaglia previously
“lacked counsel to prepare his claim of incompetency” and issued
a stay to give Gardner time to pursue the case.
The case will now go back down to the trial court in Dallas.
Christine Womble, an appellate attorney at the Dallas County’s
District Attorney’s office, said she’s “confident” in
Battaglia’s conviction and competency.
“We hope to continue to fight to see that justice is served and
the execution is carried out,” she said Wednesday.
Texas Department of Criminal Justice spokesman Jason Clark said
a new execution date won’t be set unless — or, until — Battaglia
exhausts his appeals this time around. He and others, including
Womble, declined to speculate on how long that might take.
Clark said Battaglia’s day remained uninterrupted Wednesday: He
visited with family and friends in the morning, then remained on
death row in West Livingston, Texas. He never made the grim trip
to Huntsville, where executions happen.
>:(
#Post#: 193--------------------------------------------------
Re: ~ John Battaglia, 07Dec16, (TX) ~
DIR By: BuzzC
Date: December 1, 2016, 5:17 am
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Judge rules child-killer Battaglia competent to be executed--
November 18, 2016
DALLAS -- After months of uncertainty, the fate of convicted
child killer John Battaglia was sealed in a Dallas County
courtroom on Friday.
Judge Robert Burns ruled Battaglia’s scheduled execution date of
Dec. 7 will stand after the court found him competent to face
the death penalty.
The judge's ruling concluded 'Battaglia does understand that he
is to be executed and that his execution is imminent, and he
does understand the reason for his execution."
Battaglia committed one of the most heinous and unthinkable
crimes in Dallas history back in May 2001. He shot and killed
his two little girls, Faith and Liberty, while on the phone with
his ex-wife Mary Jean Pearl.
Back in March, the Fifth Circuit Court of Appeals granted a stay
of execution. Court documents at the time stated Battaglia
claimed his lawyer abandoned him and failed to call into
question his mental competency.
In a jailhouse interview with News 8’s Rebecca Lopez, Battaglia
blamed a list of people he called “demons” for his conviction in
the murders.
Prosecutors believed Battaglia was attempting to game the system
while the defense team argued three out of four experts
concluded he was delusional and should not be executed.
In court, it was revealed Battaglia read books and case law on
how he could fool doctors into believing he was too incompetent
to be executed.
Source:
HTML http://www.khou.com/news/local/texas/judge-rules-child-killer-battaglia-to-be-executed/353897116
8)
#Post#: 244--------------------------------------------------
Re: ~ John Battaglia, 01Feb18, (TX) ~
DIR By: BuzzC
Date: February 2, 2018, 5:37 pm
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Texas dad who killed daughters while on phone with estranged
wife taunts her at execution--
Friday, February 2, 2018
A former Dallas accountant condemned for fatally shooting his
two young daughters while their mother listened helplessly on
the phone was put to death Thursday night in Texas but not
before taunting her one last time.
John David Battaglia was executed for the May 2001 killings of
his 9-year-old daughter, Faith, and her 6-year-old sister,
Liberty. Battaglia and his wife had separated, and he shot the
girls at his Dallas apartment during a scheduled visit.
Battaglia smiled as the mother of his slain children, Mary Jean
Pearle, and other witnesses to his execution walked into the
death chamber viewing area.
Asked by the warden if he had a final statement, the inmate
replied: "No," then changed his mind. "Well, hi, Mary Jean," he
said, looking and smiling at his ex-wife. "I'll see y'all later.
Bye."
Battaglia then closed his eyes and looked directly up. A few
seconds later he opened them back up and lifted his head. "Am I
still alive?" he asked.
The powerful sedative pentobarbital began to take effect. "Oh, I
feel it," he said. He gasped twice and started to snore. Within
the next few seconds, all movement stopped.
The time of death: 9:40 p.m., local, 22 minutes after the lethal
dose began.
Pearle turned away from an execution-viewing window after
Battaglia stopped breathing and walked to the back of the
witness area.
"I've seen enough of him," she said. She returned several
minutes later to watch as a physician examined Battaglia and
pronounced him dead. Pearle declined to be interviewed
afterward.
His lethal injection was the nation's third this year, all in
Texas. The punishment was delayed more than three hours until
the U.S. Supreme Court rejected appeals from his lawyers to
review his case.
They contended the 62-year-old was delusional and mentally
incompetent for execution and that a lower court improperly
refused Battaglia's lawyers money to hire an expert to further
examine legal claims regarding his mental competency.
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.
Another unsuccessful appeal challenged the effectiveness of the
pentobarbital Texas uses as its execution drug. Attorneys
contended the state's supply was outdated and Battaglia was at
risk for unconstitutionally cruel punishment.
A state judge and the state appeals court described Battaglia as
highly intelligent, competent, not mentally ill and faking
mental illness to avoid execution.
Testimony at a hearing showed Battaglia used the prison library
to research capital case rulings on mental competence and
discussed with his father during a phone call from jail the
"chess game" of avoiding execution.
State Judge Robert Burns, who found him competent, said
Battaglia's intelligence and education -- he had a master's
degree -- showed he had the "motive and intellectual capability
to maintain a deliberate ploy or ruse to avoid his execution."
According to prosecutors, Battaglia became enraged that Pearle
notified police about his harassment of her and he used a visit
with their daughters to act on his anger. Pearle returned a call
from one of her daughters and heard Faith pleading with her
father, who put the call on speakerphone.
"No, daddy, please don't, don't do it!" Faith begged.
Pearle yelled into the phone for the children to run, then heard
gunshots.
"Merry ... Christmas," Battaglia told Pearle, the words of the
holiday greeting derisively divided by an obscenity.
There were more gunshots. Pearle called 911.
At the time of the killings, Battaglia was on probation for a
Christmas 1999 attack on Pearle. His profanity-laced Christmas
greeting to Pearle was an apparent reference to that.
Faith was shot three times, Liberty five. Hours later, Battaglia
was arrested outside at a tattoo shop where he had two large red
roses inked on his left arm to commemorate his daughters. It
took four officers to subdue him. A fully loaded revolver was
found in his truck and more than a dozen firearms were recovered
from his apartment.
Battaglia told The Dallas Morning News in 2014 his daughters
were his "best little friends" and that he had photos of them
displayed in his prison cell.
"I don't feel like I killed them," he said. "I am a little bit
in the blank about what happened."
HTML http://www.foxnews.com/us/2018/02/01/texas-dad-who-killed-daughters-while-on-phone-with-estranged-wife-taunts-her-at-execution.html
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