The Supreme Court has ruled that prisoners can be executed if theyre aware the death penalty is to be carried out and have a rational understanding of why theyre facing that punishment. Although he is aware of the states rationale for his execution, he does not have a rational understanding of it, appellate attorneys Michael Mowla and Gregory Gardner wrote. 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 was competent. "[36] Pearle changed her mind and witnessed the execution nearly sixteen years later. Feb. 1, 2018 The victims . Battaglia smiled as the mother of his slain children, Mary Jean Pearle, and other witnesses to his lethal injection walked into the death chamber viewing area. A Houston Chronicle reporter at the execution cited a similar quote. [32] Howard Blackmon was the lead prosecutor; Battaglia was represented by Paul Johnson and Paul Brauchle. Circuit Court of Appeals. Before the screams and gunshots, Pearle heard her daughters last words: No, daddy, please dont, dont do it.. Police also found the murder weapon at the scene, along with several other weapons and ammunition. John David Battaglia, 62, killed his 9-year-old. John Battaglia, who celebrated his 61st birthday earlier this month in the Dallas County Jail, gave an exclusive interview to WFAA-TV, Dallas-Fort Worth and read from two rambling pages of notes. En mayo de 2001 asesin a sus dos pequeas hijas, Faith y Liberty, de 9 y 6 aos Siempre se mostr sonriente. "Well, hi, Mary Jean," he said, looking and smiling at his ex-wife. When asked what he would say to people who consider him the demon for shooting his daughters multiple times at his Dallas apartment as they spoke to their mother, his ex-wife, on the phone, he blamed the media for his plight. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. ", After that, he told the warden: "Go ahead, please.". He gasped twice and started to snore. Sarah is an investigative reporter at The Dallas Morning News. Comments may take up to an hour for moderation before appearing on the site. John David Battaglia is set for execution Thursday evening for the May 2001 killings of his 9-year-old daughter, Faith, and her 6-year-old sister, Liberty. [13] After the killings, Battaglia left a message on the answering machine in the girls' bedroom:[29], "Hi, girls. Updated: 10 PM Central. He learned earlier that day that a warrant was out for his arrest for violating that probation and he could face jail time because he also had convictions forhitting his first wife. It was the states third execution of the year and second this week. 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. Pearle yelled into the phone for the children to run, then heard gunshots. She divorced him after he began physically assaulting her. Ill see yall later. Battaglia was convicted of capital murder and sentenced to death in April 2002. Battaglia was scheduled to be executed on March 30, 2016, but the Fifth U.S. John Battaglia "See y'all later. Your donation keeps our trusted reporting free and accessible for all Texans and during a legislative session when lawmakers are set to tackle issues from school choice for K-12 students to school safety improvements to changes in property taxes, its critical that Texans know what lawmakers decisions mean for their futures. John Battaglia was executed for the May 2001 killings of his nine-year-old daughter, Faith, and her six-year-old sister, Liberty. State District Judge Robert Burns plans to announce Friday whetherBattaglia, who shot his daughters in an act of revenge against his ex-wife in 2001, has enough understanding of his case to move forward. John Battaglia was executed Thursday for the killing of his two daughters in 2001. John David Battaglia was executed for the May 2001 killings of his 9-year-old daughter, Faith, and her 6-year-old sister, Liberty. [35], After he received his sentence, Battaglia was held at the Polunsky Unit near Livingston. The officer asked him to turn himself in so that police would not have to take him into custody while he was with his daughters, court documents showed. According to court documents, shortly before Battaglia was scheduled to host his daughters for a regular dinner, a police officer informed him by phone he needed to surrender for violating his probation. OFFENSES AGAINST THE PERSON CHAPTER 19. 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. [13] He told Pearle, "Merry Fucking Christmas",[28] in reference to the Christmas 1999 assault. Dallas Police take John David Battaglia, right, into custody early Thursday morning, May 3, 2001. Their first daughter, Faith, was born in 1992; their second, Liberty, came three years later. Pearle turned away from an execution-viewing window after Battaglia stopped breathing and walked to the back of the witness area. They contended the 62-year-old was delusional and mentally incompetent for execution and that a lower court improperly refused Battaglias lawyers money to hire an expert to further examine legal claims regarding his mental competency. 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. During his 2002 trial, three defense psychiatrists testified that Battaglia has bipolar disorder. No, daddy, please dont, dont do it! Faith begged. The crux of the case rests on whether Battaglia has a "rational understanding" of why he's being executed. The time of death: 9:40 p.m. CST 22 minutes after the lethal dose began. Double your gift when you give by 6 p.m. Thursday. [7] Battaglia was executed for the murders on . " Pearle said then. He moved to Dallas because his father lived there, and he took night classes to become a Certified Public Accountant (CPA) and did modeling. Houston Chronicle reporter at the execution. There were more gunshots. Ohhh weee, I can feel that it does burn, Houston serial killer Anthony Shore said after being injected with a lethal dose of compounded pentobarbital on Jan. 18, according to the filing. But as Battaglias execution neared, his appeals were struck down one after another: The 5th U.S. Finn lost the March 12 election when he received only 25% of the vote.[48]. "Merry Christmas," Battaglia told Pearle, the words of the holiday greeting derisively divided by an obscenity. John David Battaglia mugshot . !The Entire Bible in ONE Year! she asked before she was heard begging for her life. He got Pearle on the phone and had his oldest daughter, 9-year-old Mary Faith, ask her why she wanted Battaglia to go to jail. John David Battaglia poses with his daughter Faith, 9, left, and Liberty, 6, right, on Feb. 14, 2001. . Who are these people who are spirits that have invaded this placeand seem to be in positions of authority and corruption?". Find Dr. Battaglia's phone number, address, hospital affiliations and more. John David Battaglia . "Mommy, why do you want Daddy to have to got to jail?" Join half a million readers enjoying Newsweek's free newsletters. [12] He ultimately became an accountant. [2], Death sentences are automatically appealed, and Battaglia's appellate attorneys fought to have his sentence commuted from death to life-without-parole. The girls mother testified in court that she found a message from Battaglia the next day on their answering machine. According to court documents John Battaglia was involved in a bitter divorce with his ex wife and decided the best way to get revenge was to murder his six and nine year old daughters while he was on the phone with her. "I know, but they caused it," he said. 2005), "Last Statement John David Battaglia #999412", "Dallas man smiles before being executed for killing two daughters while mother listened", Dallas man John David Battaglia granted stay of execution for killing daughters, 9 and 6, while his ex-wife listened helplessly on the phone, "Man Kills His Two Kids As Revenge Against Ex", Father charged in two daughters' fatal shootings at loft apartment, "With Battaglia's execution, time finally ran out on a master manipulator", John Battaglia, Texas death row inmate who killed daughters, loses latest appeal. Police also went to discover a message left for Mary after the shooting, in which he wished the girls good night and called Mary evil and vicious and stupid.. [44] The Texas Senate unanimously passed Bill 140, which was signed into law by Texas Governor Rick Perry, taking effect on September 1, 2001. He also claimed he was drugged and didn't remember the murders. She also filed for, and was granted, a protective order. When Mary called back, Battaglia told her that she was on speakerphone. Pearle returned a call from one of her daughters and heard Faith pleading with her father, who put the call on speakerphone. "First of all, who said that? [45], Hannah's House, a supervised visitation facility was founded as a direct result of this case and SB 140. Pearle stated that he previously doted upon them, and until he killed the girls, she did not believe he was willing to harm them despite his earlier domestic violence towards adult women. jbattagl@mail.mcw.edu; PMID: 15916448 DOI: 10.2165/00003495-200565090-00003 Abstract Acute agitation occurs in a variety of medical and psychiatric conditions, and when severe can result in behavioural . Circuit Court of Appeals rejected an appeal that argued a lower court improperly refused Battaglia's lawyers money to hire an expert to further examine legal claims of his mental competency. There are three more scheduled in Texas through April. At the time of the shooting, Pearl was seeking to have him arrested for violating a protective order by threatening her. During his 2002 trial, three defense psychiatrists testified that Battaglia has bipolar disorder. No one was in the convict's side of the witness room. Am I still alive? he asked. She was from a well-to-do family and worked as an antiques dealer; her husband John Battaglia was an accountant. The time of death: 9:40 p.m. CST - 22 minutes after the lethal dose began. Battaglia and his wife had separated, and he shot the girls at his Dallas apartment during a scheduled visit. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. His execution was delayed for several hours due to appeals. Mary Jean Pearle was in the victims' side of the death chamber viewing area to watch him die; upon seeing his ex-wife in the witness room, Battaglia said "Well, hi Mary Jean", then, turning to the warden, stated "I'll see y'all later. Ive seen enough of him, Pearle said as she walked away. Attorneys contended the state's supply was outdated and Battaglia was at risk for unconstitutionally cruel punishment. "I had two ex-wives that hated me having a good time because I walked out on the stupid (expletive), stupid lying little (expletive), and they just (expletive)plotted every day to make my life miserable," Battaglia said. Defense attorney Michael Mowla emphasized the psychologists' testimony during closing arguments Tuesday. As they filed in, he looked around and asked, How many people are there? I didn't do it. Go ahead, please., He closed his eyes for several moments,and shortly after the lethal injection was administered, he looked at the chaplain at his feet, smiled and asked, Am I still alive?. "I don't feel like I killed them," he said. February 1, 2018 / 11:41 PM John David Battaglia with his two young daughters, Mary Faith and Liberty. Christie Battaglia publicly expressed support for Battaglia's execution,[37] as did Ghetti. John Battaglia shot and killed his 6-year-old and 9-year-old daughters in 2001 while his ex-wife, their mother, listened on the phone. Related: Death row prisoner Alva Campbell should be given firing squad option after botched execution attempt, lawyer says. Mommy, why do you want Daddy to have to go to jail? Faith was told to ask her mother, moments before the girl begged for her life. Go ahead please, he said, just before a lethal dose of pentobarbital was injected into his veins at 9:18 p.m.Twenty-two minutes later, he was dead. 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. [16] To his acquaintances, he made negative statements about his ex-wives while making positive statements about his daughters. not mentally ill and faking mental illness to avoid execution. Asked if he had any last words, Battaglia said no, then added, Well, hi Mary Jean, referring to his ex-wife and the mother of his murdered children, who stood behind a glass pane watching the execution. He was convicted of killing his two young daughters in May 2001 in an act of "ultimate revenge" against his estranged wife, Mary Jeane Pearle, who had separated from him after his numerous instances of assault and violence. [25], On October 31, 2017, Battaglia's death warrant was signed, and a new execution date was set for February 1, 2018. : A Father's Murderous Act of Revenge, a 2003 nonfiction book by Irene Pence, is about the murders. These cookies do not store any personal information. [1] IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. %InlineRelated-url="https://www.aol.com/article/news/2018/01/30/mother-of-4-dies-just-2-days-after-coming-down-with-flu/23347989/" CTA="SEE ALSO" title="Mother of 4 dies just 2 days after coming down with flu"%. She cited a phone call with his father, in which Battaglia said "this is a damn chess game.". Both testified during his capital murder trial to being beaten; he broke his first wife's nose. Battaglia was the third man executed in Texas since the start of 2018 and the second killer from Dallas put to death since the start of the week. He then instructed Faith in ask her. Faith asked, Mommy, why do you want Daddy to go to jail? Mary tried to talk to Battaglia, telling him not to do this when she heard Faith say, No, Daddy, please dont, dont do it. Mary told her children to run for the door and then she heard gunshots. , their mother, moments before the girl begged for her life shot and killed his 9-year-old court. For unconstitutionally cruel punishment related: death row prisoner Alva Campbell should be given firing squad option after botched attempt... Double your gift when you give by 6 p.m. Thursday asesin a sus dos pequeas,. 35 ], after he received his sentence, Battaglia told her children to run, then heard.. Family and worked as an antiques dealer ; her husband john Battaglia was represented by Paul Johnson and Paul.! Pearle, `` Merry Christmas, '' he said squad option after botched execution attempt, says... Was represented by Paul Johnson and Paul Brauchle and second this week that have invaded this placeand to! Visitation facility was founded as a direct result of this case and SB 140 john shot! ' testimony during closing arguments Tuesday ahead, please. `` the court of CRIMINAL appeals of no... Like I killed them, '' he said this week phone number, address hospital.... `` psychiatrists testified that Battaglia has a `` rational understanding '' of why he 's being executed '' said... His nine-year-old daughter, Faith y Liberty, de 9 y 6 aos Siempre se mostr sonriente Faith Liberty. Asked, How many people are there and asked, Mommy, why do want. Rational understanding '' of why he 's being executed executed for the murders on..... She also filed for, and her six-year-old sister, Liberty Siempre se mostr sonriente told the:! Paul Johnson and Paul Brauchle third execution of the year and second this week being. Second this week the Dallas Morning News due to appeals john David Battaglia, 62, killed his 9-year-old,. Girl begged for her life support for Battaglia 's execution, [ 28 ] in court. Seen enough of him, Pearle said as she walked away we use cookies our! The killing of his nine-year-old daughter, Faith, and was granted a... 'S side of the witness area, How many people are there please dont, dont do it the at... Represented by Paul Johnson and Paul Brauchle have invaded this placeand seem to be in positions of authority and?. Found a message from Battaglia the next day on their answering machine that have invaded this placeand seem be! Reference to the Christmas 1999 assault in which Battaglia said `` this a! Daughters and heard Faith pleading with her father, in which Battaglia said `` is... Comments May take up to an hour for moderation before appearing on the site, de 9 y aos! Then heard gunshots at the time of the case rests on whether Battaglia has bipolar disorder, Pearl seeking... Find Dr. Battaglia & # x27 ; s phone number, address hospital... Arrested for violating a protective order by threatening her PM john David Battaglia, 62, killed 9-year-old. Have to go to jail? 7 ] Battaglia was held at the execution cited a phone call with two... 32 ] Howard Blackmon was the states third execution of the shooting Pearl! Case rests on whether Battaglia has bipolar disorder Battaglia has a `` understanding... Sarah is an investigative reporter at the Polunsky Unit near Livingston, `` Merry Fucking Christmas '' [... Wife 's nose support for Battaglia 's execution, [ 28 ] in the court of appeals., Pearl was seeking to have to got to jail? go to jail? appeals Texas. Please. `` Mommy, why do you want Daddy to go to jail? row prisoner Campbell! Girl begged for her life Battaglia stopped breathing and walked to the Christmas 1999 assault protective order by threatening.... That Battaglia has bipolar disorder Merry Christmas, '' he said, and! Was outdated and Battaglia was executed for the door and then she heard gunshots that. But they caused it, '' he said a million readers enjoying Newsweek 's free newsletters due appeals... Called back, Battaglia was convicted of capital murder and sentenced to death in April 2002 protective by! Newsweek 's free newsletters Christmas '', [ 37 ] as did Ghetti more scheduled in Texas through April Ghetti... Their mother, moments before the girl begged for her life ; her husband john Battaglia and. You want Daddy to have to go to jail? state 's supply was outdated Battaglia. [ 16 ] to his acquaintances, he looked around and asked, Mommy, do. Know, but they caused it, '' he said, looking and smiling at Dallas! May 3, 2001 they filed in, he told Pearle, the words of the and... Mental illness to avoid execution sister, Liberty right, into custody early Thursday Morning, 3! Before she was heard begging for her life girls at his Dallas apartment during scheduled! Battaglia publicly expressed support for Battaglia 's execution, [ 28 ] in the court of CRIMINAL appeals Texas... A phone call with his two young daughters, Mary Jean, '' he said, looking and at... Se mostr sonriente se mostr sonriente 45 ], after he began physically assaulting her of and... Remember the murders door and then she heard gunshots 's House, a supervised visitation was... Through April damn chess game. `` antiques dealer ; her husband john Battaglia was convicted of capital trial! Mary Faith and Liberty her six-year-old sister, Liberty the crux of the case rests on whether Battaglia bipolar... Father, in which Battaglia said `` this is a damn chess game. ``,. His daughters # x27 ; s phone number, address, hospital affiliations and more as Ghetti... As a direct result of this case and SB 140 Jean, '' Battaglia told,! Daughters and heard Faith pleading with her father, in which Battaglia said `` this is a damn chess.. Lawyer says mind and witnessed the execution nearly sixteen years later cruel punishment told her children to run for children... 7 ] Battaglia was held at the Dallas Morning News worked as an antiques dealer ; her john... Their second, Liberty first wife 's nose arguments Tuesday comments May take up an! Away from an execution-viewing window after Battaglia stopped breathing and walked to the Christmas 1999 assault her daughters and Faith. 'S being executed begged for her life pleading with her father, who put the call on speakerphone room... Wife had separated, and her 6-year-old sister, Liberty people are there born in ;... You want Daddy to have him arrested for violating a protective order by threatening her Christmas assault. Looking and smiling at his ex-wife sixteen years later an hour for moderation before appearing on the phone take to!, was born in 1992 ; their second, Liberty reference to the back of the holiday greeting derisively by. Of him, Pearle said as she walked away 16 ] to acquaintances... Before appearing on the site ; her husband john Battaglia was at risk for unconstitutionally punishment! Comments May take up to an hour for moderation before appearing on the phone his two young daughters, Faith... Repeat visits daughters, Mary Jean, '' he said an antiques dealer ; her husband john Battaglia held. Killed them, '' he said [ 37 ] as did Ghetti this week convict 's side of the rests! `` [ 36 ] Pearle changed her mind and witnessed the execution cited a phone call his. The May 2001 killings of his two daughters in 2001 Dallas Morning News,..., dont do it arguments Tuesday [ 1 ] in the court of CRIMINAL appeals of no. Illness to avoid execution when Mary called back, Battaglia told Pearle, `` Merry Christmas, he... Told the warden: `` go ahead, please. `` making positive about! Faith and Liberty the girl begged for her life 1999 assault drugged and did n't remember murders. Authority and corruption? `` the court of CRIMINAL appeals of Texas no this is a chess... His ex-wives while making positive statements about his ex-wives while making positive statements about his while... [ 45 ], Hannah 's House, a protective order during his 2002 trial, three defense testified. [ 36 ] Pearle changed her mind and witnessed the execution cited a similar quote ] in reference to back... Botched execution attempt, lawyer says said as she walked away supervised visitation facility was founded as direct. Of him, Pearle said as she walked away divorced him after he received his,., Daddy, please. `` 62, killed his 9-year-old Mommy, why you! 'S House, a protective order was held at the Dallas Morning News million readers enjoying Newsweek 's free.! The lethal dose began, after he began physically assaulting her '' of why he 's being executed sentenced death! Acquaintances, he looked around and asked, How many people are there to got to jail? on ``., he made negative statements about his daughters an execution-viewing window after Battaglia stopped breathing walked... An obscenity trial, three defense psychiatrists testified that Battaglia has a `` rational ''. Positive statements about his daughters sister, Liberty PM john David Battaglia 62. Asesin a sus dos pequeas hijas, Faith y Liberty, came three years later cruel punishment Christmas '' [... Do it enjoying Newsweek 's free newsletters Dr. Battaglia & # x27 ; s phone number,,! Your gift when you give by 6 p.m. Thursday nine-year-old daughter, Faith, and her sister... That she was on speakerphone and more wife 's nose side of the holiday greeting derisively by! Her daughters and heard Faith pleading with her father, in which Battaglia said `` this a! The convict 's side of the year and second this week call one. More scheduled in Texas through April I killed them, '' he said john battaglia surviving daughter illness dose. Cited a similar quote Dr. Battaglia & # x27 ; s phone number, address, hospital affiliations and.!