Dateline   |  November 29, 2013

'The Killing in Cobb County' part 4

Ten years after the murder of Karmen Smith, Waseem Daker is released from prison. As Lottie Spencer worries about her one-time stalker, one investigator, who never gave up on the case, finally finds the smoking gun that sends Waseem Daker back to court to be tried for murder.

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

>>> 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

nightmare.

>> after his release, daker got

a job and moved to southern

atlanta.

here he is sky diving and loving

it.

daker's freedom galled

investigator john dawes .

to dawes , daker was the one that

got away.

does a case like --

>> but for years dawes couldn't

do anything about it.

and then just by chance, he was

cement t

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

profile.

>> carmen was a strawberry

belonged and he remembered the

short, dark hairs recovered from

her body, not hers, under layers

of bedding.

>> i felt it was invaluable

evidence if there was enough

tissue on that hair underneath

her sweater.

>> 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

daker.

>> 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

forward.

>> 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

state's case.

>> but daker couldn't seem to let go.

his focus from the start was his

relationship with the state's

star witness.

it was a roman, daker said,

intimate in any way.

lottie insisted that was not

true.

some of the things he said just

had to be really beyond

frustrating that you two had a

sexual relationship?

>> 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

or anything.

>> when daker finally turned to

those hairs, he called on a

prominent dna expert who chang s

challenged the state's key

evidence.

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

microscope?

>> are you sure that the

original hair had no roots?

>> somehow it arrives rat this

laboratory and there's hair with

roolts.

>> daker once again connected

the evidence to lottie spencer.

a liar, he said, who had ruined

his life in the most treacherous

way.

>

>> 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,

really weak.

>> jesse evans asked the jurors

not to focus on lottie and to think about another woman when

they started their

deliberations.

>> 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

time.

>> 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

tears.

>> you wonder will someone other

than me control my life and

enter my thoughts.

he's finally caught and i'm

finally free.

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

coward.

>> case closed.

justice for carmen and nick

smith and the victory lottie had

wofbl

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.