HUNTSVILLE, Texas (AP) – Attorneys for a 60-year-old Texas man set to die by injection for killing his daughters say the man is mentally ill and deserves a fair hearing to show he’s incompetent.
John Battaglia was convicted of shooting and killing his 9- and 6-year-old daughters 15 years ago at his Dallas apartment as their mother listened helplessly over the phone.
He is scheduled to be executed on Wednesday evening and would be the 10th execution in the U.S. this year.
Assistant state attorney general Erich Dryden says Battaglia’s appeal is improper and that available evidence “does not come close” to suggesting Battaglia lacks an understanding that he’s about to be executed.
Evidence showed Battaglia had violated his probation for attacking his estranged wife and an arrest warrant had been issued.
(Copyright 2016, The Associated Press. All Rights Reserved.)
