Daker: Attorneys concealed evidence
by Lindsay Field
October 08, 2013 11:54 PM | 2940 views | 5 5 comments | 9 9 recommendations | email to a friend | print
Cobb County Superior Court Judge Mary Staley delivers a ruling on an objection from the state, during a request for a new trial by convicted murderer Waseem Daker on Monday. Daker again Tuesday questioned a series of witnesses he thought may support his case for a new trial.
Cobb County Superior Court Judge Mary Staley delivers a ruling on an objection from the state, during a request for a new trial by convicted murderer Waseem Daker on Monday. Daker again Tuesday questioned a series of witnesses he thought may support his case for a new trial.
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MARIETTA — The man accused of killing an east Cobb mother and brutally stabbing her son in 1995 argued Tuesday why he believes he deserves a new trial. The reason, Waseem Daker said, is that the Cobb District Attorney’s Office concealed evidence in its prosecution of him.

Daker was convicted last October in the strangulation death of Karmen Smith in her east Cobb home, and the stabbing of her then-5-year-old son, Nick Smith. The boy, now 23, survived 18 stab wounds.

Daker was sentenced to life in prison plus 47 ½ years and remains in the Jackson State Prison.

He appeared before Superior Court Judge Mary Staley Monday and Tuesday to question a series of witnesses he thought may support his case for a new trial.

“The state in this entire case, this has been a strategy of concealment and deception, to help the state,” Daker said.

Daker said the younger victim, Nick Smith, was told what to say during testimony in the murder trial. Daker believes that a knife from the murder scene is missing, along with incomplete phone records.

He said the state wouldn’t bring charges against Loretta Blatz. Blatz came forward in spring recanting her original testimony and admitting that she lied on the stand. Charges would not be brought against her, Daker claimed, because it would require a new trial.

“To call this trial a miscarriage of justice would be a compliment,” he said. “It doesn’t even deserve that. This was a lynch mob, but instead of a rope, we have the camera and the lynch mobs sitting over here in the box (jury) … It wasn’t just Ms. Blatz, but she actually came forward and admitted she lied.”

Daker claimed Cobb Assistant District Attorney Jesse Evans and Judge Staley “demonized him.”

“At some point, this case is going to go down as a wrongful conviction of an innocent person, of perjury, prosecutional misconduct, of lies, of judicial bias … sooner or later, that is going to come out,” Daker said. “The state is willing to lie, steal, cheat and break every rule in the book to get that conviction, which is what they did in this particular case.”

Cobb Assistant District Attorney Dan Quinn, who worked on the case with Evans, delivered the prosecution’s closing arguments.

Quinn focused on what he called the lies that Blatz told during the trial and the letters she’s exchanged with Daker since his conviction, which include a blank and signed affidavit she sent him to fill out.

“Her affidavits aren’t worth the paper that they are written on and her testimony from (Monday) wasn’t worth the court reporter’s time in typing it out,” Quinn said. “After the trial, something happened. I can’t explain how that is, but she went from accusatory tones to the defendant to basically obsessing with him and taking his side, investigating his case, mortgaging her house to help him.”

Quinn said Blatz came up with scenarios that could help Daker’s case in her letters to him.

“She brainstormed scenarios and eventually starts presenting testimony based on what (Daker) is telling her to write,” he said.

In one letter about the affidavits, Blatz wrote, “You’re creative … can write them any way you want.”

In closing, Quinn said there was no new evidence for Staley to consider that would qualify for a new trial and asked her to deny it.

Staley said she would take a few weeks to review the request for a new trial before making a decision.

Comments
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Bravery
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October 18, 2013
This case will haunt Cobb County for years to come BUT what is more haunting is possibly an innocent man sits behind bars. IF the Judge entered the judicial system to truly serve justice, she will grant a new trial but I doubt she has the courage to do so. So often people are more concerned about what others think, they fail to do what is right. NEW TRIAL is needed for TRUE justice to be served.
anonymous
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October 11, 2013
This is a horrific crime that has effected many. I do hope they investigate this further and goes after the REAL killer with the BLUE EYES!
anonymous
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October 09, 2013
How is it possible for someone to get a FAIR trial when the prosector conceals evidence. Is that legal? Is this our judicial system? It's easy to get a conviction if the prosecutor withholds evidence, prompts witnesses to lie, withholds evidence from defendant and key witness lies. You cant consider this a victory for the prosecution when you have to cheat to win. Shame on you Cobb County DA's office.
anonymous
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October 09, 2013
I hope Judge Mary Staley does the right thing and allows a new trial. But I doubt she will. Many inconsistencies in the case leaving much doubt if he was given a fair trial. Key witness lies, Prosecutor withholds evidence and a judge doesn't allow jurors to hear key evidence of many other suspects. How is this justice?
anonymous
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October 09, 2013
He is deserving of a new trial. I want to see our judicial system work. Key witness lied, prosecution misconduct and a biased judge.
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