Texas man gets reprieve hours before scheduled execution

HUNTSVILLE, Texas — A federal appeals court Wednesday stopped the scheduled lethal injection of a former accountant hours before he was to be executed for gunning down his two young daughters in Dallas 15 years ago while his ex-wife — their mother — was listening helplessly on the phone.

Attorneys for John David Battaglia argued that he deserved a court-appointed attorney to investigate claims that he may be mentally incompetent for execution and that a hearing should be held on those assertions.

The U.S. Court of Appeals in New Orleans agreed, halting the punishment about seven hours before Battaglia, 60, was scheduled to be taken to the Texas death chamber.

The U.S. Supreme Court has ruled that a prisoner can be executed if he’s aware that the death penalty is set to be carried out and understands why he’s facing the ultimate sentence.

“His newly appointed counsel may locate and produce more” evidence, the three-judge appellate court panel said in a 10-page ruling halting the execution.

Authorities said the slayings were revenge for their mother’s complaints to Battaglia’s parole officer that led to a warrant for his arrest.