Dallas

Judge Will Have Three Days to Mull Over Battaglia's Fate

A written ruling will be given on Friday

Convicted killer John Battaglia will have to wait three days to learn whether a judge will spare his life.

Dallas County Judge Robert Burns told the court Tuesday, he'll make a ruling on Friday. Burns is deciding if Battaglia is mentally fit for execution.

Battaglia murdered his two daughters in 2001 as their mother listened on the phone.

Three forensic psychologists testified that he suffers from a delusional disorder that makes him believe he did not kill his children. However, a fourth psychologist told the court Battaglia is competent for execution.

"He first insists he was not present at the time of his daughter's death and then he provides a possible excuse for why he might of been present, implying why he might of killed them," said Dr. James Womack. "He would have likely maintained his position that he was not there at the time of the murders and argue any evidence law enforcement had, would have been fabricated."

Womack believed Battaglia could be faking symptoms of delusional disorder.

Battaglia's father, who's name is also John Battaglia, flew out from Florida to see his son.

"It's the first time I get to see him without a glass wall between us and I did want to see him in person and tell him we're still with him," said Battaglia. "I'm just hoping if they do delay it (Battaglia's execution) and don't do it in December, maybe I'll be out of this world. I won't have to watch it."

Battaglia's execution is scheduled for Dec. 7, but his attorneys can appeal the judge's decision which could cause a delay.

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