Barring one other attraction, the state of Texas will execute infamous Deep Ellum youngster killer John Battaglia early subsequent yr, the Texas Division of Felony Justice introduced Tuesday. Battaglia shot his two daughters, Mary Religion and Liberty, in 2001 as their mom listened on the phone. He is been on demise row in Livingston since his capital homicide trial led to 2002.
The state of Texas initially set Battaglia’s execution for March 30, 2016. That month, Battaglia acquired a short lived keep of execution from the fifth U.S. Circuit Courtroom of Appeals so docs might consider his psychological state. In Texas, demise row inmates should perceive each the explanations for execution and that their demise is imminent with a view to be executed.
Over the subsequent couple of years, Battaglia’s legal professionals argued that their shopper suffered from delusions that made him consider he didn’t kill his daughters. A psychiatrist testified for the state of Texas in November 2016 that he believed Battaglia was both enjoying up his signs or faking. On Dec. 5, Battaglia once more dodged execution when the Texas Courtroom of Legal Appeals ordered additional arguments on Battaglia’s psychological state, halting a decrease-courtroom ruling that set his execution for Dec. 7.
In September, the Courtroom of Legal Appeals, Texas’ highest legal courtroom, lastly dismissed arguments regardning Battaglia’s sanity, paving the best way for his execution, now scheduled for Feb. 1, 2018.
If Battaglia is executed that day, he’ll die virtually 17 years after killing his youngsters. In 2001, Battaglia shot his two daughters eight occasions in his Deep Ellum loft shortly after his divorce from his spouse, Mary Jean Pearle. Pearle, within the midst of an try and get Battaglia’s probation for assault revoked as a result of her husband was harassing her on the telephone, was talking with Battaglia as he shot their daughters, based on courtroom testimony.
After killing Liberty and Mary Religion, as detailed in a 2002 Dallas Observer function, Battaglia drove to an East Dallas tattoo parlor and obtained two rose tattoos to characterize his daughters. He then left an answering machine message for his ex-spouse: “Goodnight, my little infants. I hope you’re resting in a unique place. I really like you.”