State-administered death is always a greater horror than any other by virtue of the methodical reasoning that precedes it. French philosopher Albert Camus wrote that "capital punishment is the most premeditated of murders". "The United States' concept of justifiable homicide/Executions in criminal law stands on the dividing line between an excuse, justification and an exculpation. In other words, it takes a case that would otherwise have been a murder or another crime representing intentional killing, and either excuses or justifies the individual accused from all criminal liability or treats the accused differently from other intentional killers.

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Upcoming Executions US

Texas Executions

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How support or write an e-mail to inmates: open an account with

John David Battaglia 


TEXAS executed John David Battaglia on February 1, 201


1995 Photographer from The Dallas Observer "To catch a Thief" (article find below section MEDIA)


" My will to truth, walks with your will to give a Foucault. " 

Go To:



"Legal Help"...

Politics Lawyers
"3 Questions" Sweetdreams...


Petitioner JDVD vs
"Hager"Quote" "Legal Notes"

 Mean Joke's

Court files-Summary


"Weather, Terrain,  etc "


Legal Documents

Judges must testify..


JohnDavid2.August1955AL.jpg (170614 Byte)

It is a bit of a silly joke on a number of levels and I think my sister Gaby would have fun decoding the pieces. Someone else might also from the web & they would be intersting to visit with too. Thanks,  JDVD August 2006



JDVD in Case ... ( of  Charles Dean Hood

Legal Documents (PDF.Files) - John David Battaglia # 999412

Copies are referrenced in the other COURT FILINGS

Documents regarding the goverment cover-up an investigation, 

with the U.S. Department of Justice and the I.R.S. :

Search for Missing Documents taken by Dallas - D.A.

Correspondence with MEDIA

Briefly intro

Background - JohnDavid Battaglia

"Weather, Terrain, Politics, etc ..."

Go To:

Legal Documents  - John David Battaglia # 999412

Oct192009USDistrictCourtDallasFEDJDVD.jpg (455508 Byte)

October 19,2009 - U.S.District Court,  RE: Cause No. 3-09CV1904-B; JOHN DAVID BATTAGLIA (Petitioner)



october282009IRS_Form211_ObstructionofJusticeByTheIRSatt.Nov232009.jpg (446162 Byte)

October 28,2009 - IRS attachment Nov. 23,2009 RE: Texpayer: John David Battaglia, SSN Form 211 Isue: OBSTRUCTION OF JUSTICE BY THE IRS 


Sept172010StatBarofTexas_Re_A008101330MargaretLoraineSchmucker.jpg (446299 Byte)

Sept.17,2010 State Bar of Texas Re: A008101330 Margaret Loraine Schmucker 

Nov.292009USDistrictCourtSchmuckerOrderModifying.jpg (525976 Byte)

November 23,2009 - U.S. District Court,TX Case 3:09-cv-1904-s; ORDER MODIFYING PRIOR ORDER CONDITIONALLY APPOINTED COUNSEL


May 10,2010/copie 10/13/2010

Kevin Navarro and I am a police officer ....

Taken from my mail in May 2010, JDVD

see more about the TDCJ- Grievances Step 1 and 2:


JDVDAugust2008DMNJuly2005JudgeWarder.jpg (508246 Byte)

DMN p.BA 8-16-08 Re: Texas Drugging Accused During Trails

See also:


U.S.Attorney General Al GonzalesJDVD.jpg (1050340 Byte)

U.S. Attorney General, Mr. Al Gonzales, July 7, 2005
Texas Attorney General Mr AbbottJDVD.jpg (894612 Byte)
Texas Attorney General, Mr Abbott, July 13, 2005 

June28,2005JDVDMsLindaAcevedo.jpg (1340448 Byte)

State Bar of Texas, Assist. General Counsel, June 28, 2005
Declarationof conflict Attorney_ClientJDVD.jpg (692370 Byte)

Declaration of Conflict between Attorney & Client, February 4, 2004



Request DENIALbyJudgeWarderJDVD.jpg (331578 Byte)

Request DENIAL by Judge Warder, February 20, 2004
JDVDAugust22,2006JudgeJCoburn1.jpg (449213 Byte)JDVDAugust22,200JudgeJCoburn2.jpg (465469 Byte)
August 22, 2006 Honorable Judge J. Cocrun -Texas Court of Criminal Appeals RE: Ex Patre John David Battaglia - Cause No. AP-74,384 
Dear Comission: I would request that the Texas Comission on Judical Conduct please mail to me to the above address information on how to file a complaint against a Texas Judge for " judical misconduct". I have....

JDVDMarch_13_06_Texas_Commision_on_Judical_Conduct.jpg (415364 Byte)

March 13, 2006  Texas Comisson on Judical Conduct - RE: Judge Janice Wardesr, Criminal District Court No. 1, Dallas TX


JDVDFebr52008ReJanEHemphillStateBarTX.jpg (411627 Byte)
Feb. 4, 2008 TX Bar Grievance Form Ltr. to Judge Burns


JDVDFeb08SnakeBarOfTX.jpg (539074 Byte)
February 5, 2008 Office of Chief Disciplinary Counsel 

Re: D0020834127 Battaglia - Jan.E.Hemphill

Copies are referrenced in the other COURT FILINGS

Coverletter28August2005JudgeWarderProSew.jpg (124156 Byte)August 29, 2005 -Dallas County District Clerk "Pro Se Answer " to Judge Warder

28August2005JudgeWarder_ProSe1w.jpg (361070 Byte)28August2005JudgeWardeProSe2w.jpg (425923 Byte)28August2005JudgeWardeProSe3w.jpg (405264 Byte)28August2005JudgeWardeProSe4w.jpg (449450 Byte)Re: Ex Parte John David Battaglia Cause No. W01-52159-H(A)

Noticetocourt7NovJdvd.jpg (976874 Byte)November 7, 2005  Notice to Court with "Stamp"  to: Troy Benett (clerk C.C.A.court)


jd3.jpg (655575 Byte)jd7.jpg (96972 Byte)JDVDJuly6,2004TroyBennett clerk C.C.A..jpg (370369 Byte)July 6, 2004 To the office of the Chief Disciplinary Counsel; A. Jaffe, of the State Bar of Texas - (Cover letter to clerk, Mr. Troy Bennett C.C.A.Court - 1 page)   

NoticetotheUSSupremeCourtJDVDAug122005.jpg (1060357 Byte)August 12, 2005 Notice to the U.S. Supreme Court with " Stamp" 

These are documents regarding the goverment cover-up an investigation, I was involved in with the U.S. Department of Justice and the I.R.S.:
JDVD USSenatorChGrassleyDec2005.jpg (1314191 Byte)
U.S. Senator Charles Charles Grassley Dec. 23, 2005

july28 2005JDVDFBIreplyUSdoj.jpg (504190 Byte)

F.B.I. - July 28, 2005

Oct192005JDVD_I.R.S..jpg (848632 Byte)
I.R.S. - Oct. 19,2005

25Oct.05JDVDreply to I.R.S. Chapmann Oct25,2005case.jpg (1287470 Byte)

Reply to I.R.S. - Oct.25 ,2005


FBI Nov. 13,2005JDVD.jpg (838388 Byte)
F.B.I.  - Nov. 13, 2005
JDVDJune28,2006JudgeJaniceWarder.jpg (432348 Byte)
Honorable Judge Warder, dated June 28, 2006


jdvdMay10,06SpecialAgentinCharge-Dallas Office.jpg (169469 Byte)
May 10, 2006 to Special Agent in Charge, Dallas


JDVDInreplyStevenIbsontoMarch27,2006.jpg (462504 Byte)
In Reply, On Justice Way - April 19, 2006 - FBI / STEVEN E. IBSON

see below: Letter and "answer" to FBI June 28,2006 

June282006LtrtoFBI_JuddgeWarderJDVD_.jpg (559643 Byte)

See letter June 28,2006 to FBI and Judge Warder - DMN Mon 8/4/2008 "Judge says he made mistake in wrongful death suit ruling"



Go to for more:

  JDVD Battaglia - Politics.htm























JDVD_DCAD_Residential Acct DetailPage1.jpg (509982 Byte)  

Sales Price of my house...
Letter to Dallas Sheriff Valdez

JDVDDallasCountyScheriffLupeValdezApril12007.jpg (330135 Byte)

  Dallas County Sherif Lupe Valdezī- April 1, 2007




Januarya0,2006JDVDAssistant US,AG MsFisher.jpg (287198 Byte)

Letter to Ms Fisher, January 10, 2006


JDVDJuli31,2006AttorneyGeneralofTexas.jpg (449194 Byte) 
Attorney General of Texas, dated July 31,2006



JDVDMay14,2006IbisonreplyFBI.jpg (168142 Byte)
Reply (May14, 2006) to Steven Ibson / FBI RE: Your letter dated April 19, 2006


JDVDJune8,2006StevenE.IbsonFBI.jpg (187354 Byte)June 8, 2006 - Steven E. Ibson - FBI Agent in Charge- Dallas

JDVDJune28,2006AgentStevenIbsonFBIDallas.jpg (478737 Byte)
Agent Ibson-FBI, dated June 28, 2006
JDVDFBIJuly302007Reply.jpg (94117 Byte)

FBI Reply from July 30, 2007 - David M. Hardy 



July72009LisaMatzJDVDTheToolsOfTrade_Court_of_Appeals5thDallas.jpg (620902 Byte)

Above documents are being returned to JDVD for followong reason:"

July7, 2009 - Court of Appeals 5th Destrict of Texas at Dallas,Lisa Matz RE:letter 


June142009C.C.A.toJudgeCochran.jpg (467133 Byte)
June 14, 2009 C.C.A. to Judge Cochran - Ex Parte John David Battaglia; No. AP-74,384 No.Fo1-52159-H(A)

cc: Hudge Burns/ Dallas cc:Judge Wright/Dallas and cc: H.C. Hemphill 


June1409ACLUtoBrianStullRE.jpg (466186 Byte)
June 14, 2009 ACLU to Brian Stull RE: John David Battaglia v. Texas ; F01-52159-H(A) 

May212009_RE_ACLU_toJDVD_lawLibrary.jpg (195587 Byte) 1st April72009RE_ACLU_toJDVD_lawLibrary.jpg (362455 Byte) 3rd June2620093rd_ACLU_toJDVD.jpg (236906 Byte)

2nd Letter from ACLU - May 21,2009
1st - ACLU April 7, 2009
3rd - ACLU June 26,2009


Search for Missing Documents taken by Dallas - D.A.


JDVD200ctober05USsenatorSamBrownback.jpg (600816 Byte) 
Letter to US Senator Sam Brownback, October 20, 2005 



johnd5.jpg (141389 Byte)johnd6.jpg (143579 Byte)

Reference to October 2005 letter to US Senator Brownback:  


Picture of Ms Montoya - see letter to THE NEW YORKER, US SENATOR BROWNBACK and LSV & SOUTHERN UNIVERSITY LAW SCHOOL:  JDVDMrs monioya.jpg (114037 Byte)
Jan6,2006JDVDDioceseof DallasBishopGraham.jpg (808490 Byte)
Diocese of Dallas - January 6, 2006


Jan24,2006ResponseDioceseBataglia-Ward.jpg (656936 Byte)

Response  Diocese of Dallas - January 24, 2006


Feb16,2006Protocol90138DFBataglia-WardDeaconForbrich.jpg (769477 Byte)

Protocol No. 90/138 DF Battaglia-Ward - February 16, 2006


MEDIA - and  find more  moved here:
JDVDJune10,2006RobertTharpMedia.jpg (389669 Byte)
June 10, 2005 Mr Robert Tharp RE: Jun 4, 2005 -Metro- Drug probes drain funds  


June19,2005JDVD S.N.HershTheNewYorker.jpg (1398840 Byte)

Letter to The New Yorker, Mr. Seymour Hersh - June 19, 2005


August,1998JDVD USvs.TXDataControl.jpg (722591 Byte)
Transcript - Header/ Testimony JDVD - Sep. 29. 1998

ToCatchAthiefAug1996_JDVDMarch2009JohnBattalglia.jpg (171538 Byte)ToCatchAthiefAug1996_JDVDMarch2009JohnBattalglia2.jpg (211709 Byte)ToCatchAthiefAug1996_JDVDMarch2009JohnBattalgliap3.jpg (156594 Byte)

To catch a thief  August 22, 1996 (JDVD added in March 2009) 

Texans Score 1998's Top Defense Verdicts By Margaret Cronin Fisk: 

TexansScore1998TopdefenseVerdictJDVDMarch2009.jpg (129307 Byte)TexansScore1998TopdefenseVerdictJDVDMarch2009p2.jpg (149581 Byte)TexansScore1998TopdefenseVerdictJDVDMarch2009p3.jpg (184317 Byte)

Texas Lawyer, May 3,1999 - National Law Journal Selects LTP for Having Tried the Defense Win of the Year

PropoetidesDallasBestJDVD032009.jpg (266856 Byte)

March 13, 2009 - collage by John D Battaglia  read :


To catch a thief

The RTC is gone, but one accountant still tries to recover taxpayer money


Published on August 22, 1996

PropoetidesDallasBestJDVD032009.jpg (266856 Byte)March 2009 By JDVD

John Battaglia was riffling through some billing invoices on his desk three years ago when he noticed something odd.

A certified public accountant, Battaglia was among the troops assembled by the Resolution Trust Corporation to pick through the wreckage of the country's savings and loan disaster.

Three years in the RTC's Dallas office had already left the ex-Marine disillusioned with the agency's dedication to its task. But the invoices that crossed his desk in 1993 from Texas Data Control--a major contractor hired to keep records for the RTC--were the most troubling Battaglia had yet seen.

TDC appeared to be billing the agency hundreds of thousands of dollars for work that should have only cost a fraction of what the RTC was paying for it, the accountant believed.

"I took it apart and found what appeared to be fraudulent activity," Battaglia recalls. "We were paying [TDC] $500,000 a month to basically print paper reports."

The irony of the situation was not lost on Battaglia. The RTC was specifically formed to recover some of the taxpayer money looted during the savings and loan scandals. But it appeared the agency was allowing its own pocket to be picked.

Battaglia shared his concerns with his bosses, but got little response. Their indifference marked the beginning of a three-year quest by Battaglia to prove that TDC illegally siphoned off millions from the RTC.

The RTC, its work supposedly done, has since been dissolved by an act of Congress. Battaglia is still fighting.

TDC officials have denied any improprieties. But Battaglia has managed to convince the U.S. Attorney's office and the Office of the Inspector General that his allegations may be true.

Last year, just months before the RTC ceased to exist, the accountant sued Texas Data Control, using an obscure federal statute known as qui tam.

A provision of the False Claims Act, qui tam allows federal employees and others to act as private whistle blowers, filing suit and recovering money that the U.S. government has lost because of false claims. (The name, according to Black's Law Dictionary, is short for "qui tam pro domino rege quam pro sic ipso in hoc parte sequitur," or, "Who as well for the king as for himself sues in this matter.")

Simply put, citizens like Battaglia can sue on behalf of the government, and keep a cut of the money if they win. Since September 1995, more than 245 qui tam cases have been filed in the United States, recovering more than $1 billion. People who have initially brought the suits have received more than $150 million as their share.

If Battaglia triumphs in his quest to prove the RTC was defrauded by TDC, he could walk away a rich man himself, keeping up to 30 percent of any money recouped by the government.

It would be a sweet victory for a man who was long a thorn in the side of his RTC superiors.

A former U.S. Marine, Battaglia eagerly transferred from the Federal Deposit Insurance Corporation to the RTC in 1990. He was excited by the challenge of helping the RTC liquidate billions of dollars in assets to recover some of the taxpayer money used to bail out the savings and loan industry.

Battaglia supervised 11 employees, trying to figure out how much government money would be needed to save failed thrifts in Texas, Mississippi, and Louisiana.

From the beginning, the accountant had concerns about how the agency went about its business. He questioned the way some accounting firms landed contracts. He worried about accountability:The Dallas RTC office oversaw $10 billion worth of assets--including $400 million in cash--but, he says, it had no centralized cash-management system.

Early on, Battaglia was optimistic that the problems would be resolved. "I thought they were systematic problems of an organization being created out of thin air, and they would start to get in shape after management took control," he says.

An earnest, amiable fellow, Battaglia was vocal about his concerns, pointing out areas that had the potential for abuse. But he says his concerns were met with either resistance or apathy.

"There would be a guy next to me who was responsible for inventorying all the collateral of the loans to see if they match what our books say," Battaglia says. "And he would just sit and play one of those computer golf games all day."

Battaglia soon found himself unpopular. Before long, the CPA was enmeshed in office imbroglios. A female worker filed sexual harassment charges against Battaglia, and Battaglia filed sexual harassment charges against two supervisors.

Battaglia began to believe his supervisors were quietly blaming him for problems. Ultimately, he was stripped of job responsibilities, and his enthusiasm turned to despair.

"I intended to use my skills to help my country resolve what I perceived to be a national crisis," Battaglia wrote in a complaint to the Office of the Inspector General in 1993. "Part of resolving the crisis was controlling the cost of the crisis to the American taxpayers as well as ensuring that the events were conducted fairly and evenly...But there is growing perception within this organization that individuals are not held accountable for their actions and that deviation from both the letter and the intent of the law is part of how this organization is to conduct its affairs."

In 1993, the accountant was transferred to a lowly position in the Dallas RTC's financial operations office.

Sitting at his desk shuffling paperwork, Battaglia discovered the TDC contract discrepancies.

A year earlier, the RTC had awarded Texas Data Control one of the agency's single largest contracts, basically a mammoth records-keeping job.

In exchange for $39.7 million, TDC would document the closing out of $7.5 billion in bad loans from failed thrifts in Louisiana, Texas, and Mississippi. The company leased offices in Exchange Park on Harry Hines Boulevard until it dissolved earlier this year.

Texas Data Control was a consortium of mortgage, financial, and data-processing firms from Texas, California, and Arizona. A privately funded Latino community action group from California, the East Los Angeles Community Union, or TELACU, owned a majority 25-percent interest in the joint venture, which qualified TDC as a minority-owned business.

Under the multimillion-dollar agreement, TDC was to keep records on mortgages, student loans, and commercial and consumer loans held by failed thrifts. The RTC required TDC to submit reports on its progress. TDC billed the federal government monthly.

It was a year into the project when Battaglia began looking at the company's billing records. What he found disturbed him.

Suspecting the TDC was overbilling the government, Battaglia says, he went to his supervisor, Amber Harrell. According to Battaglia, Harrell told him she would alert Jim Messec, head of the financial operations office.

Battaglia says he later was instructed to keep paying the bills while an investigation was under way.

"They went through some motions," he says. "They moved some secretaries around to placate me, but they were still paying TDC."

When his supervisors continued to pay TDC, Battaglia notified the U.S. Office of the Inspector General of his findings. The OIG responded by performing an audit of TDC's billing procedures, and substantially confirmed Battaglia's suspicions.

The resulting 1994 inspector general's report stated that, of $4.34 million TDC billed the RTC, "we question $4.01 million of it."

According to the OIG audit, monthly bills to RTC were grossly inflated. For instance, in October 1993, the OIG calculated that the actual cost of work done by TDC was $24,757. But TDC billed the government $339,747. The company also inflated mailing costs, officials say, to the tune of at least $900,000.

When the OIG presented its findings, Dallas RTC supervisors said they knew about the overbilling, but had not raised the issue because a complaint might reopen contract negotiations between the contractor and the RTC.

Dallas officials acknowledged that they knew "since receipt of the first invoice...that a significant problem existed with the report billings." The inspector general's office recommended that the Dallas RTC office seek a refund of $5.6 million from TDC, but the money was never recovered.

Even as his suspicions were being confirmed, Battaglia happened upon an article about a government employee who had sued a defense contractor under the qui tam statutes, recouping hundreds of thousands of dollars in federal monies. "He basically got all these defense contractors to cough up all their dirty profits," Battaglia says. "I saw the qui tam as a way to corroborate what I had been saying [about the Dallas RTC office]."

On March 23, 1995, Battaglia filed his own qui tam action against TDC in U.S. District Court in Dallas, and sent a copy to U.S. Attorney General Janet Reno. In December 1995, Battaglia lost his job when the RTC disbanded, but his lawsuit caught the interest of the U.S. Attorney's office.

After federal prosecutors looked into Battaglia's allegations, they decided the U.S. government should intervene in the case and act as prosecutor. The False Claims Act allows the U.S. Attorney's office to sue for triple damages, and seek a $10,000 civil fine for each violation of the statute.

In court filings, prosecutors are alleging that, in some cases, TDC effectively billed the government for reports that it never actually produced.

"TDC knew or should have known that its methodology falsely inflated the number of reports produced and that each invoice...was false," federal prosecutors allege. The overcharging, the prosecutors allege, was the result of a computer program code inserted into the software used by TDC.

After the OIG audit, prosecutors allege, TDC disguised its overbilling by changing the way it submitted reports to the RTC. And, prosecutors contend, TDC billed the RTC more than once for work TDC had performed.

Dallas attorney Gaynell Methvin, a spokesman for all of the companies that made up TDC, says TDC disputes the federal charges. "The government is taking a routine contract dispute and trying to make it into a court action," Methvin says. TDC has filed a $5 million counter suit against the United States, saying the RTC owes the contractor money.

As federal prosecutors continue building their case against TDC, Battaglia has gone back to college. But the persistent accountant is waiting to see if he will have the last laugh in the closing act of one of the nation's worst financial debacles.



JDVD January 2018 softerPicture1995.jpeg (619785 Byte)  



JDVDLettertoLawyer whowrotenewspaperFeb22,2005.jpg (948107 Byte)
Letter to Lawyer who wrote newspaper OP/ED on Death Penalty in Texas - Feb. 22, 2005 ( I also mailed him a copy of following letter to NPR)

JDVDLettertoNPR-Radio jan13,2005.jpg (872700 Byte)

Letter to NPR-Radio (National Public Radio-Washington, D.C.) - January 13, 2005
JDVDAug72006JacquilynnFloydMedia.jpg (365606 Byte)August 7, 2006 to Jacqueline  Floyd, Dallas Morning news. Ref. to me in Aug. 1st, 2006 column. 


JDVDAug22006RobertTharpMedia.jpg (268973 Byte)August 2,2006 to Robert Tharp, Dallas Morning News
DallasMNewsSept172007Strugglingwith_Justice.jpg (195215 Byte)
September 17, 2007 - Dallas Morning News Op/ED "Struggling with Justice or Court Case Fixing Ring?"

Background: John David Battaglia

Trail attorney had all these documents in court and refused to introduce any evidence of my personal history to jury or court:

MilitaryRecordsJDVD1.jpg (1841678 Byte) MilitaryRecordsJDVDPIC.jpg (2774329 Byte) MilitaryRecordsJDVD2.jpg (2011989 Byte) MilitaryRecordsJDVD3.jpg (1651943 Byte) MilitaryRecordsJDVDrecord.jpg (1903437 Byte)





MY "INTRO" for now .... Jan. 31, 2006




April 2006

sent March, 2006

"Jokes & Funnys" JDVDJokeFunnyMay22.2006Nazissay.jpg (450600 Byte)