[Deathpenalty] death penalty news----TEXAS

[Rick Halperin]

Dec. 2



TEXAS----stay of impending execution

Battaglia again wins stay of execution days before he was condemned to die for 
killing daughters


2 weeks after a judge found John Battaglia mentally fit to be executed for 
killing his two daughters in 2001, the Dallas man has received another stay of 
execution.

The state Court of Criminal Appeals ruled Friday that Battaglia's competency 
needs to be evaluated further.

In 2001, Battaglia made national headlines when he shot his daughters, 
9-year-old Faith and 6-year-old Liberty, at his Deep Ellum loft while their 
mother listened helplessly on the phone.

"No, Daddy! Don't do it!" Faith pleaded, seconds before her father pulled the 
trigger in an act of revenge against his ex-wife.

Battaglia was to be put to death next Wednesday after State District Judge 
Robert Burns ruled on Nov. 18 that he understands his case and execution well 
enough to remain on death row.

According to a report from the Fort Worth Star-Telegram, Battaglia's attorneys 
now have 60 days to file a brief with the appeals court concerning his 
competency, court spokesman Abel Acosta said.

Battaglia was previously scheduled to be executed in March but was granted a 
stay, again to sort out competency concerns.

A defendant is considered competent for execution under Texas law if he 
understands why he's been sentenced to die and that his execution is imminent.

Prosecutors and defense attorneys agree that the 61-year-old former accountant 
and Marine has a factual understanding of his conviction and execution date, 
but there had been debate over whether he has a "rational understanding" of it 
all.

Psychologists testified that Battaglia suffers from a delusional disorder that 
makes him believe he did not kill his children, but Burns questioned whether he 
has developed this delusion as a coping mechanism.

After the murders, Battaglia had two roses tattooed on his arm in memory of his 
girls. He then left a chilling message on the family's answering machine.

"Goodnight, my little babies," he said in the message. "I hope you are resting 
in a different place. I love you."

(source: Dallas Morning News)



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http://www.tdcj.state.tx.us/death_row/dr_scheduled_executions.html


Executions under Greg Abbott, Jan. 21, 2015-present----20

Executions in Texas:  Dec. 7, 1982----present-----538

Abbott#--------scheduled execution date-----name------------Tx. #





21---------January 11---------------Christoper Wilkins----539

22---------January 25---------------Kosoul Chanthakoummane----540

23---------January 26---------------Terry Edwards---------541

24---------February 2---------------John Ramirez----------542

25---------February 7---------------Tilon Carter----------543

26---------March 14-----------------James Bigby-----------544

27---------April 12-----------------Paul Storey-----------545

28---------June 28------------------Steven Long-----------546

(sources: TDCJ & Rick Halperin)