Prosecutor: Daker’s bid ‘not to be taken seriously’
by Nikki Wiley
August 10, 2013 12:33 AM | 2582 views | 11 11 comments | 22 22 recommendations | email to a friend | print
Convicted murderer Waseem Daker has filed more than 100 motions in his bid to gain a new trial for the killing of flight attendant Karmen Smith in her east Cobb home in 1995.<br>Staff/Kelly J. Huff
Convicted murderer Waseem Daker has filed more than 100 motions in his bid to gain a new trial for the killing of flight attendant Karmen Smith in her east Cobb home in 1995.
Staff/Kelly J. Huff
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MARIETTA — A Cobb County prosecutor spent just one hour Friday trying to discredit the more than 100 reasons a Marietta man believes he was wrongly convicted of murder.

Waseem Daker was sentenced to life in prison plus 47½ years last fall for the killing of Delta flight attendant Karmen Smith in her east Cobb home and for stabbing her then-5-year-old son, who survived the attack, 18 times.

Daker spent more than nine hours Thursday and Friday telling Cobb Superior Court Judge Mary Staley the reasons he believes he was denied due process and had his equal protection under the law violated during his September 2012 trial, over which she presided.

He accused Staley of failing to be impartial during the trial. Another centerpiece of his case for a new trial is the recanting of testimony by the state’s star witness, Loretta Spencer-Blatz, who rented part of the home where Karmen Smith also lived at 1580 Old Hunter’s Trace near Johnson Ferry Road.

Don Quinn, assistant district attorney, went through each of the motions Daker filed Friday morning abruptly dismissing each one as either having no evidence to support it or saying it did no harm to his defense.

“He’s filed motions to recuse with every judge who has touched his case,” Quinn told Staley on Friday. “I’m not going to go any further than to say this is a theme with him and should not be taken seriously.”

Daker says he didn’t get a fair trial

Trial prosecutors were given preferential treatment, Daker told Staley.

“Whatever the state asked for, you gave it to them and rubberstamped it,” Daker said, adding he was not afforded the same opportunities.

Daker elected to represent himself after working with a series of different lawyers and told the judge he was denied the ability to adequately research for his defense because he did not have access to a law library while in prison awaiting his trial.

But Quinn said he had plenty of information at his disposal and that was evident from the previous case rulings he cited during his defense.

“There’s a theme to Mr. Daker’s arguments,” Quinn said. “Everyone has wronged him.”

Still, Daker maintains some jurors may have been prejudiced because of his Middle Eastern descent.

Daker said prosecutors coached a witness through written correspondence to bring up his Syrian ethnicity during the trial. He says this was meant to feed on any biases jurors may have had against Arab-Americans.

“This is nothing but an equal protection, due process violation,” Daker said.

Recanted testimony calls evidence into question

Daker argues hairs found both on the body of Karmen Smith and on a blanket she was wrapped in is the only thing connecting him to the 1995 murder. In one of the two separate affidavits where Spencer-Blatz recanted her testimony, she says that this hair could have been left there before the murder when she and Daker shared the blanket.

But that affidavit has not been allowed to be entered into evidence.

Spencer-Blatz lived in the upstairs part of an east Cobb home where Karmen Smith resided with her son, Nick, downstairs. A Fulton County judge ordered Daker to have no contact with Spencer-Blatz in August 1995, two months before the Oct. 23 murder. He was arrested and held without bail on stalking charges against Spencer-Blatz on Oct. 27 and spent 10 years in jail on the charge.

It’s unclear whether Spencer-Blatz will be charged with perjury after recanting her testimony, but if she is charged and convicted, Daker’s conviction may not be in jeopardy.

“To the contrary, we stand by the defendant’s conviction and the overwhelming evidence of his guilt,” said Deputy Chief Assistant District Attorney Jesse Evans in an April statement. “This case was not about Ms. Spencer. She was but the backdrop to explain why the defendant would perpetrate the murder of Karmen Smith and the brutal assault on Nick Smith, persons who would otherwise be strangers to him.”

Judge will decide if subpoenas stand

On the first day of the hearing, Staley asked Daker how many people he subpoenaed to testify on his behalf. When Daker told her he lost count, she became frustrated and excused everyone present who had been ordered to appear.

Daker has 10 days to list the individuals subpoenaed and the reasons their testimony would be relevant. After that list is submitted, the district attorney’s office has 10 days to respond on whether or not it agrees with Daker’s reasoning.

Staley has not issued a ruling on his request for a new trial but said Friday he should prepare to shorten his arguments when he appeals her decision.

“They’re not going to give you 9½ hours like I have,” Staley said.

Michael Smith, the ex-husband of Karmen and Nick’s father, was at the hearing Friday and says he has faith in the district attorney’s office.

“The right man is in prison,” he said.

It’s not easy to sit in the courtroom again, almost a year after the conviction.

“We’ve been dealing with this for 19 years,” he said. “A month is a month compared to 19 years.”

Comments
(11)
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Terrance Bogard
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August 21, 2013
Guys, it's "biased". Hey, come on. Come on...
NOT seriously?
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August 12, 2013
Prosecution say: "Dakers bid should not be taken seriously"

KEY WITNESS LYING, DNA on weapon NOT his, Biased Judge..

Injustice2
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August 12, 2013
Staley has not issued a ruling on his request for a new trial but said Friday he should prepare to shorten his arguments when he appeals her decision.

“They’re not going to give you 9½ hours like I have,” Staley said.

What an injustice. Staley hasn't heard from any of the witnesses yet and it is very clear she has already made her decision to deny Dakers motion for a new trial. Telling Daker "he should prepare to shorten his arguments when he appeals her decision." She is telling him, she has already denied him the new trial. If a Judge is unable to be unbiased, they should not be in a position to do so. ITSNT ANYONE WATCHING? The same goes for a referee. It seems a referee during a baseball, basket ball, foot ball, tennis, soccer etc.. are held to a higher standard in sports than a Judge does who has someones life in her hands.
Kinda late
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August 11, 2013
“They’re not going to give you 9½ hours like I have,” Staley said.

Kinda late to be unbias at this point. If you think this will make you look fair and just,it won't work!
NO jUSTICE in COBB
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August 10, 2013
What I find to be troubling is the Judge has denied Daker legal representation and also denied him a hearing to prove he is unable to afford representation.

TRUTH SEEKER
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August 10, 2013
To the contrary, we stand by the defendant’s conviction and the overwhelming evidence of his guilt,” said Deputy Chief Assistant District Attorney Jesse Evans in an April statement.

WHAT OVERWHELMING EVIDENCE?

BUILT ON LIES?

NOT ALLOWING THE JURY TO HEAR ALL THE EVIDENCE?

NOT GIVING THE DEFENSE ALL THE EVIDENCE?

MISCONDUCT?

DNA that points to others

The murder weapon not having Dakers DNA but having 2 other DNA profiles.

Other DNA not matching Daker

WHAT OVERWHELMING EVIDENCE IS DA JESSE EVANS SPEAKING ABOUT?

Daker was convicted on lies.

He is deserving of a new trial with a new judge in a new county. Obviously Cobb County is more concerned about looking poorly that seeing that true justice is served.

Are there any ethical people left in Cobb County? Perhaps the NEW DA Vic Reynolds needs to look into this. Perhaps he will make a positive change in his new appointed office and see that JUSTICE IS SERVED!
anonymous
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August 10, 2013
Does anyone else find it odd that not only is the Judge is bias but also the prosecutor who said "Daker's bid (to get a new trial) should not be taken seriously". I believe it MUST be taken seriously. DNA evidence at the crime scene was NOT Daker's. Other suspects who has a reason to commit the crimes. Daker was convicted on one hair. A hair that could have come from the blankets he shared with Loretta Blatz before the crimes. Blatz's testimony was built on fabrication and lies. This entire case is fishy! Key witness lies, key evidence NOT allowed to be presented to jury, other suspects NOT allowed to be presented to jury. HE SHOULD RECEIVE A NEW "FAIR" TRIAL built on truth, an unbiased judge, with all the evidence presented to the jury and ALL THE EVIDENCE TURNED OVER TO THE DEFENSE.
Just Wait
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August 10, 2013
Did this guy ever undergo a psych exam?
4 justice
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August 10, 2013
How can this man get justice when the judge in this case is unfair and bias? She is the same bias judge from the 2012 trial and the same judge over Daker's hearing to get a new trial. Watching her in 2012 was evident she didn't like the Defendant. Watching her during this hearing she hasn't changed her postion. She is not fair nor is she going to be fair. She has continued to display the same bias she did during his 2012 trial.

When judges are bias to either side, you never can get a fair trial. I have seen some amazing judges in action who never showed bias or favoritism to either side. Those are the judges I call Honorable. Judge Mary Staley is just a judge. NO Honor or integrity to the oath she took. What a disgrace to our judicial process, the integrity of the court, due process of the people. If a judge is incapable of being unbiased then they should not be in a position to judge. Clearly she STILL works at the DA's office. When she left that office years ago before becoming a judge, she should have cut those ties. Unfortunately Stalely is still tied closely to the DA's office where she once worked.
CLEAR BIAS
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August 10, 2013
Staley has not issued a ruling on his request for a new trial but said Friday he should prepare to shorten his arguments when he appeals her decision.

AMAZING how Judge Staley is telling Daker he should prepare for his appeal before the witnesses have testified, before she made her ruling. CLEARLY Judge Mary Staley already made her decision. She is CLEARLY BIAS. HE CLEARLY DID NOT RECEIVE A FAIR 2012 TRIAL due to her (Judge Staley) bias, key witness lying and prosecution misconduct. When a judge is bias and does NOT allow the jurors to hear KEY EVIDENCE that exonerates Daker that is clear bias.

Murder weapon has 2 DNA profiles- NOT DAKER'S

Other head and pubic hairs- NOT DAKER'S

Blood- NOT DAKER'S

Finger Prints- NOT DAKERS

Witness said perpetrator had blue eyes- NOT DAKER, HE HAS BROWN EYES.

Key witness- LIED

Daker was convicted on 1 hair that probably came from the blankets Daker used. The same blankets Karmen Smith's lifeless body was wrapped.

He should and DOES deserve a new trial but CLEARLY HE DIDNT RECEIVE A FAIR TRIAL IN 2012 AND HE IS NOT RECEIVING A FAIR HEARING FOR HIS MOTION FOR A NEW TRIAL.

JUSTICE HAS NOT BEEN SERVED!

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