Dateline   |  November 29, 2013

'The Killing in Cobb County' part 3

The police don't have enough to charge Waseem Daker with murder, but they arrest him for stalking Lottie Spencer. He is convicted and sentenced to 10 years in prison.

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This content comes from Closed Captioning that was broadcast along with this program.

>>> just three days before she was killed, carmen smith told

family and friends she had been

called by waseen baker.

it was the strongest allegation

yet connecting the victim to the


investigators tipped off on that

call by lottie .

now zeroed in on wr now zeroed in on waseem

now zeroed in on waseem bake

>> in his room, we found a piece

of paper with the address where

this crime occurred.

we found a torn up letter that

was his words to lottie spencer .

>> baker'

>> baker to >> baker torn up >> baker torn up lett >> baker torn up letter to lottie was hateful.

>> he specifically talks about

having plans and backup plans to

exact revenge on lottie and the

worst part about the letter is

he gets to the end and says i'm

going to let you live.

i'm going to get revenge on you,

but i'm go to let you live.

>> it looked like a blue print

to murder.

now they tried to link baker to

the crime scene .

>> some of the important

evidence that we start with the

dna evidence found on carmen 's


>> carmen had small puncture

wounds on her back, and terrible

bruising suggesting a ferocious


>> he had been tortured and

murdered but she had been

undressed at some point and redressed.

>> at carmen 's bed size, the

hammer she had wanted for peace of mind .

never touched as she fought for her life.

not far away was the suspected

murder weapon, a piece of rope.

crime scene technicians dusted

for fingerprints and cleshlg

for fingerprints and collelg for fingerprints and collected

blood samples.

the evidence was sent to a state

crime lab .

>> the evidence came -- that's

when we knew that it may always

be a circumstantial case.

>> and the circumstantial part

of the case was just too weak to

make an arrest.

prosecutors still believed baker

was the only viable suspect in

carmen smith's murder and the

stabbing of her son nick, but

they didn't have the every to

prove it.

the investigation stalled.

>> so it did seem that baker

walked away from the murder?

>> away from the murder, but not

from accountability.

the police thought they had a

viable way of charging him with


>> baker was arrested and

charged with stalking lottie

spencer .

>> there are friends of his and

friends of hers that were

witnessed to the stalking

behavior of baker.

>> baker was convicted in

september of 1996 and sentenced

to ten years in prison.

it was the close to the worst

chapter of lottie spencer 's


but it wasn't a happy ending.

did you feel like you had some

peace in your life again when he

was behind bars?

>> no, because he was getting

away with murder.

he was getting away with exactly

what he told me he would.

he needed to pay for what he did

to carmen .

>> after the trial, lottie

decided to leave georgia to try

to start over.

nick smith went back to the same

school and the protection

embrace of his family.

>> i kind of just went back into

the normal routine, i think that

was the best way that i could

have dealt with it.

and i think my family did a

pretty good job of trying to

keep my life as normal as possible.

>> during the next ten years,

nick's life finally did return

to normal.

but in 1996 , baker was released

and relocated nearby.

police decided to provide

security to keep nick safe.

>> they would have the cops sit

outside of our house at night

and we had cameras installed in

my house on the outside, just as

a precaution.

>> lottie says he was also

looking over her shoulder.

>> telling me about the day that

he got out, that he was a free

man again? >> not a good time.

>> were you waiting every day

for the phone to ring or that

bang on the door?

>> yep.

i was starting to unravel again.

>> coming up, the fear begins

all over and so does the push

for justice. >> you had your smoking gun?

>> absolutely.

>> it's another trial for what

waseem baker. and just look who's addressing