Dallas man set to die for killing daughters, 9 and 6

This undated handout photo provided by the Texas Department of Criminal Justice shows John David Battaglia. Enraged over his ex-wife going to police about his repeated harassment and likely arrest, Battaglia used a May 2001 visit with their two young daughters to avenge his anger. As their mother helplessly listened on the phone to one of the girls’ cries, he fatally shot them both at his Dallas apartment. On Wednesday, March 30, 2016, Battaglia is set for lethal injection for the slayings. AP

HUNTSVILLE, Texas — Attorneys are asking federal courts to halt the scheduled execution of a 60-year-old former Dallas accountant condemned for gunning down his young daughters while their mother helplessly listened on the phone.

John Battaglia is set for lethal injection Wednesday evening for the 2001 slayings of his 9- and 6-year-old girls. His lawyers contend they need more time to show he’s incompetent for capital punishment.

Texas attorneys say the last-day appeals are a fishing expedition and there’s no evidence to show he’s incompetent.

Prosecutors said the slayings at Battaglia’s apartment were in revenge for his ex-wife’s harassment complaints that led to an arrest warrant issued against him. He already was on probation at the time.

His execution would be the nation’s 10th this year, and the sixth in Texas.

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