Judge to Daker: ‘I hope you never leave prison. Ever.’
October 01, 2012 10:40 AM | 7012 views | 12 12 comments | 16 16 recommendations | email to a friend | print
Waseem Daker (MDJ Laura Moon)
Waseem Daker (MDJ Laura Moon)
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MARIETTA — Nick Smith, who was just five years old on Oct. 23, 1995 when he was stabbed 18 times in his east Cobb home by an attacker who also killed Nick’s mother, was the only witness at Monday’s sentencing hearing of the convicted attacker, Waseem Daker.

“For the first time, I finally can hopefully start moving on from being a sad, scared little boy. When Waseem Daker took my mother’s life, my life was put on hold, and in my eyes, it’s always been in his hands,” Nick Smith said, reading from a prepared statement. “Nothing will ever bring back my mother. I will always be branded, his rage on my chest. But maybe I can start anew. No longer will someone other than me control my life and enter my thoughts. He’s finally caught, and I’m finally free. I love you, mom.”

Family and friends of Nick Smith, his mother, Karmen Smith, and Loretta “Lottie” Spencer Blatz packed Judge Mary Staley’s courtroom Monday morning. Six jurors also returned to court for the hearing.

Daker, who on Friday had asked that sentencing be delayed to give him time to get witnesses to court, had no supporters in the courtroom. He acted as his own attorney throughout the trial.

“I did not kill Karmen Smith. I did not stab Nick Smith,” Daker said, this time wearing shackles and dressed in an orange jail jumpsuit. “I hope one day the truth comes out, because this is not it.”

After lead prosecutor Jesse Evans argued Daker should get the maximum sentence possible — life plus 47 and a half years — in part because of his future dangerousness, it was Judge Staley’s turn.

“Oct. 23, 1995 was an evil day because of an evil man acting on evil instincts,” she said.

“I think you’re dangerous in prison, and I think, given the chance, you would do untold evil. I see that as what you are,” Staley said, in granting the maximum sentence. “I hope you never leave prison. Ever. That would be just.”

When Daker refused to sign the paperwork sentencing him for the malice murder, false imprisonment and aggravated assault of Karmen Smith; burglary; aggravated battery on Nick Smith; and criminal intent to commit aggravated stalking of Spencer Blatz, Staley said: “That’s typical of a coward. That’s what you are: A coward.”

Through June, the circuit defender’s office had spent about $36,000 on Daker’s defense, though the office initially rejected Daker as indigent because it believed he was hiding assets, including a home and a large money-market account. A different judge ordered the office to provide Daker with counsel.

Staley on Monday said Daker has “manipulated and abused” his court-appointed counsel, and directed the circuit defender’s office “to take whatever steps necessary to recover attorney fees that taxpayers have expended on your behalf.”

In 1996, when Daker was convicted of aggravated stalking of Spencer Blatz, he had dozens of supporters in the courtroom, and 10 people testified on his behalf.

Comments
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SF Viewer
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October 07, 2012
I'm very glad for the sentence imposed by Judge Staley, and that she called psycho Daker for the coward that he is. Stalking and tormenting a woman and young child, tthen viciously murdering a young woman and stabbing a five year old boy....this person is a monster and deserves this sentence as well as whatever punishment is doled out in prison. I hope it's brutal. These poor innocent people have had to endure this monster's tormenting far too long. I wish peace and happiness for all involved. My thoughts and best wishes are with Nick especially, who shows strength and courage, gentleness and fortitude. Your mom would be vey proud.
The Yakima Kid
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October 06, 2012
Thank God. This man's crimes are horrific and he is a monster. I myself am a Muslim, and note that under Sharia murderers are executed. Too bad he won't be. Murdering a mother in front of her child, and trying to murder the child is brigandage of the worst form in my opinion. Brigandage is *always* to be punished with execution.
Citizen1959
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October 02, 2012
To Luek: Judge Staley has always been a fair Judge. I take issue with your comments. Get a life. A jury of Daker's peers have found him guilty. That ends it! If he appeals, it will just be a waste of taxpayer money.
Luek
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October 02, 2012
I am always leary of people who label others a cowards and this judge did from the bench because he wouldn't sign a legal paper sending him to prison. I just bet Judge Staley would not come down from her perch and take off her black sheet and say that to his face on equal terms. Dakar may or may not be guilty but no one deserves to be humiliated like that by a so called impartial judge.
humiliated?
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October 02, 2012
Humiliated?! Luek, are you as big a nutjob as Dakar?! Do you think that little 5 year old was 'humiliated' every time the blade of the knife broke through his skin at the hands of that despicable animal?! You make me sick! Dakar is a coward of epic proportions, and anyone who supports him or even remotely thinks he deserves 'compassion' is pond scum.
Deserving
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October 02, 2012
Daker deserves everything that's coming to him. I hope this convicted stalker, child stabbing, murder has a tough time in prison.
Southern Patriot
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October 03, 2012
Luek,

Would feel as you do if you had seen your mother murdered and had been stabbed repeatedly by her killer? It's so easy to be "magnanimous" while safely seated at your computer.
Samuel Adams
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October 02, 2012
Judge Staley's remarks were strong and to the point, and I'm proud of her for taking such a stand upon sentencing. She no doubt has not forgotten that this guy was discovered with al Quaeda training manuals and other incriminating items in his vehicle, as reported by the MDJ just one time. In other words, he had already served his time for stalking, but was obviously planning something else for Cobb, whether it was "simply" kidnapping someone else who made him angry or plotting something larger. People who can stab a child multiple times and kill a young mother are beyond rehabilitation. I hope he rots.
Julie Becker
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October 01, 2012
Karmen was a beautiful, talented young woman raised in a small Iowa town where these type of evil men did not exist. She was more than a high school classmate, she was a leader in our class. Her athletic records probably still stand in swimming, track, and softball to this day. I remember when she became homecoming queen and her little sister was her 'junior queen'... back in the day when they rode in convertibles around the track. Karmen was a daughter, a sister, a mother, a friend... stolen from all who loved her. May God bless her soul.
Another Mother
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October 01, 2012
I do hope that this brings that kid some peace. I hope that he goes out and lives a glorious life, full of all that life is supposed to be. I hope he makes an indelible mark on the world for himself and for his mother whose legacy will always be her son. His soul is not touched by that violent brand once put upon him, and I wish him well, Nick Smith, now free, young man. God bless.
Lisa L.
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October 01, 2012
Karmen was my friend and I can attest to how much she loved her son. He was everything to her. I am so glad this monster has been put away. Karmen was lovely and deserves justice. She's not been forgotten.
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