Attorneys try to block execution of Texas man who killed daughters
Feb 03, 2018, 07:41
Faith, 9, and Liberty, 6, were visiting their father in his Deep Ellum apartment in Dallas in May 2001 when he shot them while talking on the phone with their mother.
Battaglia who once served as a marine was an accountant at the time he shot and killed his two daughters as retaliation against their mother who was trying to revoke his parole. The use of old and poorly regulated sedatives, also used in this most recent execution, amounted to nearly unsuccessful procedures in the case of Anthony Shore on January 18 and William Rayford on January 30. She stood close to the window and at one point turned and walked towards the back of the room and said, "I have seen enough of him".
When asked if he wanted to make a final statement, Battaglia said, "No". Their mother, Mary Jean Pearle, listened to gunshots as her daughters were murdered.
The Supreme Court denied an appeal for stay of execution for convicted child killer John Battaglia, Feb 1, 2018.
Lawyers for the 62-year-old former accountant had asked the US Supreme Court to review Battaglia's case in a petition filed on Thursday (Friday NZ Time), arguing that he was mentally incompetent to be executed. However, the state attorneys said proper procedures were followed by the court and Battaglia was provided with a fair trial and expert help following the Supreme Courts directive.
He is then reported to have said, "go ahead" before closing his eyes and then asking "Am I still alive?'".
Pearle, who had gone to dinner, returned a call from one of her daughters and heard Faith pleading with her father, who put the call on speakerphone.
As for Faith and Liberty, they will live on between these walls at The Family Place where children are safe.
After hearing more gunshots, Pearle called 911. He was previously arrested in 1999 for assaulting her on Christmas Day. His profanity-laced Christmas greeting to Pearle was an apparent reference to that.
Faith was shot three times, Liberty five. They also stated that the other two executions Texas carried out this year were "botched" and "torturous", requesting that the execution be delayed so as to minimize the risk of their client suffering cruel and unusual punishment, The Texas Tribune reports.
Police later arrested him outside a tattoo parlour where he had got two large red roses inked on his left arm to commemorate his daughters. He was executed by lethal injection and it took about 20 minutes for him to die.
Later, a fully loaded revolver was found in his truck. "Some people would say you are the demon because you killed 2 little innocent girls".
A short time later, the powerful sedative, pentobarbital, began to take its effect and soon Battaglia said, "Oh, I feel it".
State Judge Robert Burns, who found him competent, said Battaglia's intelligence and education - he has a master's degree - shows he's not a "typical inmate" and has the 'motive and intellectual capability to maintain a deliberate ploy or ruse to avoid his execution'.
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