Previously, he'd been housed on death row at the Texas State Penitentiary in Huntsville, Texas. Read the crime and public safety news your neighbors are talking about. 1 DALLAS COUNTY - RICHARDSON, J., delivered the opinion of the Court in which KELLER, P.J., and KEASLER, HERVEY, YEARY, NEWELL, KEEL, and WALKER, JJ. Attorneys contended the state's supply was outdated and Battaglia was at risk for unconstitutionally cruel punishment. [27] During the phone call, he asked Faith to ask Pearle, "Why do you want Daddy to go to jail?" Strapped to the gurney, Battaglia, 62, looked around as witnesses entered. Several . Before her death, she cried, "No, Daddy! Please don't! Don't do it!" admits guilt in ex-wife's shooting in front of daughter. Story continues below This advertisement has not loaded yet, but your article continues below. Oh, I feel it, he said. John David Battaglia, Jr. (August 2, 1955 - February 1, 2018) was an American convicted murderer who was executed by the state of Texas for filicide. 2016), "Victim impact statement of Mary Jean Pearle", https://en.wikipedia.org/w/index.php?title=John_Battaglia&oldid=1142296418, 21st-century executions of American people, People executed by Texas by lethal injection, Pages using infobox person with multiple spouses, Pages using infobox criminal with motive parameter, Creative Commons Attribution-ShareAlike License 3.0, Mary Faith (19922001) and Liberty Mae Battaglia (19952001), This page was last edited on 1 March 2023, at 16:42. Their first daughter, Faith, was born in 1992; their second, Liberty, came three years later. To be eligible for execution, Battaglia had to understood that he was about to be executed and have a rational understanding of why. After its own review, the Court of Criminal Appeals issued a 78-page opinion in September explaining its decision that Battaglia was eligible for execution. [2], The woman who would become his second wife, Mary Jean Pearle, resided in Highland Park, Texas, in the Dallas-Fort Worth metroplex. and could be heard a few seconds later saying: No, Daddy, please dont, dont do it.. https://www.dallasnews.com/news/courts/2018/02/02/john-battaglia-taunts-ex-wife-before-being-executed-for-killing-their-girls-while-she-listened-in-horror/, Your email address will not be published. It would be the third execution this . The daughter then asked: Mommy, why do you want Daddy to go to jail?" The jury nevertheless voted for the death penalty. Asked by the warden if he had a final statement, the inmate replied: No, then changed his mind. [46], Dallas County Family Court Judge David Finn had dismissed Battaglia's assault charge in a previous hearing. Texas Man Executed For 2001 Murders of Daughters as Their Anguished Mom Listened Over Phone John Battaglia was convicted of killing his daughters Faith, 9, and Liberty, 6, in 2011. William Rayford, who was executed Tuesday night, attempted to raise his body, shook, grimaced and jerked his head into the gurney multiple times, witnesses said. Lab reports showed drugs were tested earlier in the month and reported a potency of 101 percent. Battaglia called Pearle from the apartment. 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. Battaglia's demeanor was described as "jovial" as he prepared to meet his end by lethal injection at the Huntsville Unit in Texas. The use of old and poorly regulated sedatives, also used in this most recent execution, amounted to almost unsuccessful procedures in the cases of Anthony Shore on January 18 and William Rayford on January 30. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. John Battaglia and Mary Jean Pearl were married in 1991. The one-time accountanteven said hello to his ex-wife, Mary Jean Pearle, who was there to watch him die. He now has another chance to prove he is mentally incompetent to be executed. Pearle declined to be interviewed afterward. You were very brave girls.. Contents 1 Background 2 Crime 3 Aftermath 4 See also 5 References 6 External links Background Battaglia, who once served as a Marine, was an accountant. A Dallas County judge is weighing whether death row inmate John Battaglia is mentally fit for execution next month after four psychologists testified this week about his alleged "delusions.". The board spokesman, Raymond Estrada, said the board voted 7-0 Monday, declining to commute Battaglia's death sentence to life imprisonment. A fully loaded revolver was found in his truck and more than a dozen firearms were recovered from his apartment. Another unsuccessful appeal challenged the effectiveness of the pentobarbital Texas uses as its execution drug. It took four officers to restrain him when he was later found at a tattoo parlor with freshly-inked tattoos representing his daughters. "He was just pounding on me as hard as a man can pound on the back of my head," Pearle said about a Christmas Day 1999 attackto ABC's 20/20 shortly after her daughters were killed. In May 2001, he shot his 6- and 9-year-old daughters, Liberty and Faith, in his Deep Ellum home while his wife listened to the ordeal over the phone. According to the Dallas Morning News, Battaglia's Continue reading John . Pearl called 911 and police found the dead girls in Battaglias apartment. No, daddy, please dont, dont do it! Faith begged. John Battaglia was executed for the May 2001 killings of his nine-year-old daughter, Faith, and her six-year-old sister, Liberty. Prosecutors and defense attorneys agree that the 61-year-old former accountant and Marinehas a factual understanding of his conviction andexecution date. Find Dr. Battaglia's phone number, address, hospital affiliations and more. [10] After getting into trouble with the law for using illegal drugs, he joined the Marines. No one was in the convict's side of the witness room. [13], The funeral for the two girls was held at Our Redeemer Lutheran Church in North Dallas, and they were buried at Hillcrest Cemetery, in North Dallas, with Pearle's father. John Battaglia shot and killed his two young daughters in 2001. Your email address will not be published. Battaglia received national attention in May 2001 after he gunned down his 9-year-old daughter, Faith, and 6-year-old Liberty at his Deep Ellum loft while their mother listened helplessly on the phone. "And then I hear Faith go, 'No, Daddy, please don't do it,' and I heard (gunshots), and I hear him yell, 'Mary F'ing Christmas!' 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. It took four officers to subdue him. Battaglia had plans to have dinner with his daughters that evening. She focuses on stories that give voice to the vulnerable. . The former certified publicaccountant, who has spent years trying to convince peoplethat he didn't get a fair trial,was convicted of capital murder in the deaths of Faith, 9, and Liberty, 5. During his 2002 trial, three defense psychiatrists testified that Battaglia has bipolar disorder. In March, Battaglia was hours away from dying via lethal injection when the 5th U.S. Looking at the chaplain standing at his feet, he asked, "Am I still alive?" Who are these people who are spirits that have invaded this placeand seem to be in positions of authority and corruption?". She also filed for, and was granted, a protective order. 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?. When Mary called back, Battaglia told her that she was on speakerphone. [1] Pearle watched as Battaglias breathing grew heavy and then stopped. The time of death: 9:40 p.m. CST - 22 minutes after the lethal dose began. [8] His father left the military in 1970. The powerful sedative pentobarbital began to take effect. John Battaglia, 62, a former accountant, had been set to be put to death by lethal injection at the state's death chamber in Huntsville at 6 p.m. (0000 GMT). 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. 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.. 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. On December 2, 2016, the Texas Court of Criminal Appeals issued a stay of execution for Battaglia due to questions concerning his mental competency. [17] They married on April 6, 1991. Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion, Why A Death Row Prisoner Wants Option of Firing Squad, Fentanyl Drug Requested for First-Time Execution Use, Jury Sentences Texas Man for Assaulting Child. 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 was attempting to have him incarcerated. Bye, he said. Bye," he said to Pearle, who had come to watch him die. [14] Texas authorities stated that Battaglia killed his daughters out of retaliation because Pearle had complained to his probation officer. 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. The courts twice granted a stay of execution so he could be evaluated. She had just reported him for violating probation. I dont feel like I killed them, he said. There are three more scheduled in Texas through April. As they filed in, he looked around and asked, How many people are there? "Am I still alive?" Grow your relationship with Jesus Christ! Before the screams and gunshots, Pearle heard her daughters last words: No, daddy, please dont, dont do it.. He'd be the 10th convicted killer . 824 F.3d 470 (5th Cir. A state judge and the state appeals court described Battaglia as highly intelligent, competent, not mentally ill and faking mental illness to avoid execution. John David Battaglia with his two young daughters, Mary Faith and Liberty. CODE OF CRIMINAL PROCEDURE CHAPTER 37. 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