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The Independent UK
The Independent UK
World
Payton Guion

Texas set to execute man who killed his two daughters

Texas is set to execute John Battaglia, a 60-year-old man who was convicted of killing his two daughters in 2001 while he had the girls' mom on the phone, hearing the gunshots and their screams.

Barring a last-minute delay, this will be Texas' 537th execution since the US Supreme Court began allowing the death penalty again in 1976, Reuters reported.

Battaglia had a history of domestic violence and his ex-wife, Mary Jean Pearl, was trying to press charges against him for violating a protective order. 

In May 2001, Battaglia was with his daughters when he left a message for Ms Pearl. When his ex-wife called back, Battaglia put his 9-year-old daughter, Mary Faith, on the phone.

The girl asked, "Mommy, why do you want Daddy to go to jail?" Then moments later, "No, Daddy, please don't, don't do it."

Ms Pearl then heard gunshots and screaming. She called police, who went to Battaglia's apartment and found Mary Faith and 6-year-old Liberty dead with multiple gunshot wounds, Reuters reported.

After he killed his daughters, Battaglia went to the bar with his girlfriend before being arrested at a tattoo parlor, getting commemorative rose tattoos of his daughters, case documents show. A jury convicted him in just 20 minutes.

Battaglia's execution is scheduled for 6 pm Wednesday, though his lawyers have filed a late appeal, saying his bipolar disorder should have prevented him from being subject to the death penalty.

"Mr Battaglia has presented evidence that makes a colorable showing that his delusions make him not understand the reasoning behind the execution," the lawyers said in a filing to the US Supreme Court.

Follow @PaytonGuion on Twitter.

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