Who Is John Battaglia? Child Killer's Appeal For Stay Of Execution Denied

John Battaglia, 62, a former accountant in Dallas, Texas, convicted for killing his two daughters in 2001 while their mother listened helplessly on the phone, requested the United States Supreme Court to issue a stay order on his execution Thursday. However, the court rejected the plea.

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. He reportedly had a history of crimes that included charges of domestic violence in his first marriage. He had a daughter with his first wife.

Battaglia who was on probation for hitting his second ex-wife Mary Jean Pearle had two daughters — Faith aged 9 and Liberty aged 6. According to reports, she was trying to get his parole revoked for harassing her over the phone and believed he should be behind the bars for his history of domestic violence. Battaglia was divorced from his wife for a year when he fatally shot his two daughters.

According to court documents, hours before he shot his daughters Battaglia had learned from a police officer he was supposed to surrender for violating the terms of his parole.

On May 2 2001, Pearle left her daughters with Battaglia for a planned dinner. However, he took them to his apartment in Dallas and shot them multiple times as revenge for trying to get his parole revoked. He shot Faith three times and Liberty five times while their mother listened on the phone. She could hear her daughter pleading for their life on the phone.

He was convicted of the murders on 2002 and provided with a death sentence. Battaglia’s attorneys filed an appeal at the Supreme Court to stop the execution on grounds that he was mentally unsound to clearly comprehend the punishment and requested them to review the case, NBC news reported.

The Supreme Court had previously ruled that the execution can be carried out if the prisoner has a rational understanding of why the execution is taking place.

The punishment which was set to take place Thursday at state’s death chamber in Huntsville at 6 p.m EST was delayed due to the appeals filed by his lawyers. His attorneys contended that he doesn’t have the understanding and added the that the state's highest court, the Texas Court of Criminal Appeals, was remiss when they misapplied the Supreme Court's guidance when it ruled that Battaglia is competent.

They further argued that a federal court denied their request for money to hire an expert to deem his competency. 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. The state court and a state judge deemed Battaglia as highly intelligent and competent. The appeals were perceived as a ruse to stall and hopefully prevent the execution.

The Supreme Court declined to accept his request for stay on execution on Thursday.