Dateline | November 29, 2013
>>> after ten years in prison,
waseem daker was a free man, but
still a suspect in the murder of
carmen smith and the stabbing of
her son nick.
>> he was still terrorizing you
in some ways?
>> yes. >> he's like your worst
>> after his release, daker got
a job and moved to southern
here he is sky diving and loving
daker's freedom galled
investigator john dawes .
to dawes , daker was the one that
does a case like --
>> but for years dawes couldn't
do anything about it.
and then just by chance, he was
sent to a dna training seminar
in 2008 .
>> back in the mid 90s, very
little at all could be done with
the hair, except to say the
color of the hair.
now when there's any tissue from
the root on the hair whatsoever.
it takes a minute amount of
tissue to come up with a dna
>> carmen was a strawberry
belonged and he remembered the
short, dark hairs recovered from
her body, not hers, under layers
>> i felt it was invaluable
evidence if there was enough
tissue on that hair underneath
>> it was almost 15 years after
carmen smith's murder when the
call came in.
there was a match.
>> they have identified waseem
daker's hair, him and only him,
to the exclusion of all others,
on the dead body of carmen smith
at the time that she was found.
>> you had your smoking gun?
>> i got a call from detective dawes .
i was very happy, but it was
really hard for me to have to go
back and tell the story of the
things that he did.
>> lottie dreaded the thought of
testifying in open court , in
front of daker, but she knew
there would be no avoiding it.
daker was arrested and charged
with murdering carmen smith and
stabbing her son nick.
of last year.
>> all rise.
>> prosecutor jesse evans was
there for the state.
>> this case ladies and
gentlemen is about obsession.
>> daker was a violent stalker
and his obsession with one woman
led to the murder of another.
>> you can't get into the mind
of a psychopath and see why --
>> those critical hairs.
>> the cold case with dna
technology proved positive that
daker was the murder.
>> waseem daker was waseem
>> i want to point out three
principles of law.
>> before he had taken over his
case, daker had been represented
by a father and son team.
>> they had no case without
those hairs. that's why they didn't go
>> their advice to daker, focus
on those hairs and don't obsess
about lottie .
>> this case had to be defended
by attacking the science of the
>> but daker couldn't seem to let go.
his focus from the start was his
relationship with the state's
it was a roman, daker said,
intimate in any way.
lottie insisted that was not
some of the things he said just
had to be really beyond
frustrating that you two had a
>> there was no relationship.
so there's nothing, you know,
more that i can say about that.
>> did he ever try and do
anything like kiss you since
he's so in love with you?
>> never once tried to kiss me
>> when daker finally turned to
those hairs, he called on a
prominent dna expert who chang s
challenged the state's key
the problem he says, is none of
the hairs recovered from the
crime scene had any roots.
>> there were hairs taken from
the body and they were all
clearly indicated on the reports
as having no rool
as having no roots. that's something you can do with
the naked eye and of course the
experts at the time used a
>> are you sure that the
original hair had no roots?
>> somehow it arrives rat this
laboratory and there's hair with
>> daker once again connected
the evidence to lottie spencer.
a liar, he said, who had ruined
his life in the most treacherous
>> she derailed the murder
investigation by making all
those false allegations.
>> for lottie , all of the fear
and hurt from her darkest days
came rushing back every time
daker mentioned her name.
>> he was enjoying it.
like he had control again.
a and that made he feel like,
>> jesse evans asked the jurors
not to focus on lottie and to think about another woman when
they started their
>> car moe >> carmene
>> carmen's b >> carmen's body >> carmen's body was >> carmen 's body was laid to
rest, but it was not in peace.
>> we were really holding our
whole case together with two hairs.
two hairs from the victim's body.
if there's a plausible
explanation for how those hairs
come back with a dwrk come back with a dna r come back with a dna resul
>> it took the jury just 3 1/2
hours to reach a verdict.
>> we the jury find the
defendant waseem daker guilty of
count one, malice murder.
>> guilty of the murder of
30-year-old carmen smith.
>> you go all these years
thinking that he got away with it.
and he didn't.
>> at daker's sentencing, the
state called just one witness,
nick smith , who was determined
to face his attacker one last
>> i was not going to let him
defeat me, no way.
>> waseem took my mother's life
and stabbed me, my life was put
on hold. >> nick struggled to hold back
>> you wonder will someone other
than me control my life and
enter my thoughts.
he's finally caught and i'm
happened as any sort of crutch
or let it get any way.
i did the best i could.
if she was still here, i think
she would be proud.
>> the judge decided daker's
sentence, life was 47 years.
>> it's typical of the coward
that you would act the way
you're acting. and that's what you are, a
>> case closed.
justice for carmen and nick
smith and the victory lottie had
wanted so badly.
but the story was far from over.
something happened at the end of
the trial that would come to
haunt lottie , something that
would lead her to realize that
there was still unfinished an unbelievable business in her
saga with waseem daker.