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Capital Punishment in the United States Explained

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In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines - like bail, civil asset forfeiture, or the Brady doctrine - so that everyone can understand them. Wherever possible, we try to utilize the stories of those affected by the criminal justice system to show how these laws and principles should work, and how they often fail. We will update our Explainers monthly to keep them current. Read our updated explainer here.
To beat the clock on the expiration of its lethal injection drug supply, this past April, Arkansas tried to execute 8 men over 1 days. The stories told in frantic legal filings and clemency petitions revealed a deeply disturbing picture. Ledell Lee may have had an intellectual disability that rendered him constitutionally ineligible for the death penalty, but he had a spate of bad lawyers who failed to timely present evidence of this claim -…

Texas: Dad who killed girls has new execution date

John Battaglia
John Battaglia
John Battaglia - the man who murdered his young daughters out of revenge while their mother listened over the phone - has a new execution date.

State District Judge Robert Burns scheduled the execution for Dec. 7.

That doesn't necessarly mean the lethal dose of drugs will be administered inside the state's death chamber in Huntsville. A federal court has ordered a hearing to look into Battaglia's claims of mental incompetency. The execution date had to be set before the hearing could take place.

Battaglia, now 61, was scheduled to be executed in March but won a last-minute stay from the 5th U.S. Circuit Court of Appeals so his lawyer could pursue the incompetency claims.

No date has been set for the hearing in Burns' court.

Battaglia was sentenced to death for killing Faith, 9, and Liberty, 6, at his Deep Ellum loft in May 2001. He arranged a call with his ex-wife, who listened on the phone as the older girl begged: "No, Daddy! Don't do it!"

He later headed to a nearby tattoo parlor to have 2 red roses etched on his arm in memory of the girls. That night, he recorded a message on their answering machine: "Good night, my little babies. I hope you are resing in a different place. I love you."

Psychiatrists testified for the defense at his trial that Battaglia suffered from bipolar disorder. An adult daughter from his 1st marriage later said he was also diagnosed with narcissistic personality disorder, characterized by manipulative behavior, a hyper-inflated sense of self-importance and lack of empathy.

Christine Womble, an appellate attorney at the Dallas County's district attorney's office, has said she's "confident" of Battaglia's guilt and his competency.

One of Battaglia's attorneys, Gregory Gardner, argued in court documents that Battaglia has long "exhibited bizarre behavior consistent with severe mental illness."

In a 2014 interview with The Dallas Morning News, Battaglia said he was "a little bit in the blank" about what happened to Faith and Liberty.

"I don't feel like I killed them," he said.

He called his daughters his "best little friends," just the "nicest little kids" imaginable, and said he doesn't grieve for them beacuse they remain with him.

"Why would I worry about where they are now?" he asked. "We're all here, we're all gone at the same time. I'm not worried about it."

Source: Dallas Morning News, August 16, 2016

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