Las Vegas Review-Journal

Texas executes Dallas man for killing his daughters

- By Michael Graczyk The Associated Press

HUNTSVILLE, Texas — A former Dallas accountant condemned for fatally shooting his two young daughters while their mother listened on the phone was put to death Thursday night in Texas.

John David Battaglia received lethal injection 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 the girls were killed at his Dallas apartment during a scheduled visit.

The punishment was carried out after the U.S. Supreme Court rejected appeals from his lawyers to review his case, contending Battaglia, 62, was delusional and mentally incompeten­t.

His was the nation’s third execution this year, all in

Texas.

The 5th U.S. Circuit Court of Appeals earlier in the day rejected an appeal that argued a lower court improperly refused his lawyers money to hire an expert to further examine legal claims of 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.

Attorneys for Battaglia contended he didn’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.

State attorneys said the Texas courts ensured proper legal standards were followed and that Battaglia had been provided expert help and a court hearing in accordance with Supreme Court precedents.

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 Attorneys contended the state’s supply was outdated and Battaglia was at risk for unconstitu­tionally cruel punishment.

 ??  ?? John David Battaglia
John David Battaglia

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