Dateline   |  November 29, 2013

'The Killing in Cobb County' part 6

Lottie Spencer, who called Waseem Daker a monster, has changed her story and now sees him as a victim. She testifies on his behalf, and fights for a new trial.

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

>>> for almost two decades,

here's how lottie spencer talked

about waseem daker.

>> waseem daker is evil.

he's pure evil, he's a monster.

>> but now she calls him a

victim.

>> you know what?

i messed up really bad.

despicable.

>> lottie 's reversal was astonishing.

in the years since carmen

smith's murder, she had built a

new life, she's a single parent

again, raising an 8-year-old

boy, living in a new home.

by recanting her testimony,

she's putting all that at risk.

how worried are you that you

could go to jail for perjury?

>> i know i'm facing prison time

and there will be a real penalty

for what i have done.

and i don't want to be ripped

away from my little boy .

i have earning to lose.

>> a year after daker's

the stand.

>> the man sleeps in the

blanket, could his hair transfer

to the blanket?

>> yes.

>> and if a man has sex in the

blanket, can his hair transfer

>> yes.

daker's chances really hinged on

lottie .

>> next witness.

>> loretta spencer .

>> just prior to carmen smith's

murder, i gave her two blankets.

blankets that i knew you used in

my roswell parent.

>> she acknowledged having a

sexual relationship with daker

and lottie 's old list of daker's

abuses started to topple like dominos.

>> did the defendant ever

threaten you with a handgun?

>> no.

did i ever threaten to kill you

or harm you? >> never.

>> did i ever steal your bras,

panties and hang them on your

doorknob? >> there are people who are

going to say that you are lying

now.

prosecutor jesse evans portrayed

lottie as a troubled, unreliable

woman.

>> did you admit to us that you

had some mental issues you were

dealing with.

>> i said i was suffering

anxiety and dregs.

from daker's prison cell .

4,000 pages of correspondence

between the convicted murder and

the woman who testified against

him.

>> i sent him bible verses ,

encouraging karz, i sent him a

lot of case files.

>> it turns out lottie has been

helping with daker's appeal.

he's been giving her research assignments.

she looks up cases, prints up

documents, mails them to prison

and waits for his next request.

>> there's no doubt by sending

those letters to him, a

convicted murder, a sociopath,

she's opened the door, she's

allowed him an opportunity to

get back into her life.

and we already know he has a

history of manipulating her.

>> is he manipulating you right

now to get what he wants?

>> this is a repentan woman.

>> he never said a word about

giving my blankets to carmen .

>> it wasn't until after she

started secretly communicating

with the defendant that she then

made this broad assertion that,

well, i had given some blankets

to carmen .

the problem is i challenged her

on it.

describe the blankets, tell me

which ones they were.

she couldn't remember.

>> there's no smoking gun or

smoking blankets in this case.

>> i don't think there's any

blankets, i don't think there's

any evidence of that.

>> lottie not only recanted her

testimony from two trials but

described the incredible lengths

she's willing to go to set daker free.

>> you applied for a second

mortgage to help in waseem 's

defense and you even took out a

life insurance policy naming waseem as the beneficiary?

>> my daughter is the

beneficiary, she would get a

third, my son would get a third

and daker would get a third.

yes, i would mortgage my house

and i would hire him the best

defense that he could possibly

get.

>> the fund rasing, the

correspondent with daker, the

legal research .

judge staley didn't buy her new

story.

she rejected daker's motion for

a new trial.

>> the right results were

reached for the right reasons.

i know we have done things the

right way.

>> the judge said she lacked

correct and her new testimony

appeared to have been concocted

by the defendant.

but lottie seems unbowed, ready

to carry on her fight.

>> somebody needs to stand up

and say, wait a minute, justice

was not served in this case.

>> and on that point, lottie 's

not alone. ja

daker's shadow attorney agrees.

>> what kind of more pivotal

evidence could there possibly be?

i believe there should be a new trial.

>> how can you believe anything

lottie 's said?

>> i think when you have a man

who's life is at take, you -- 12

people to hear her version now

and let them decide if it's true

or not.

today.

but after all these years,

lottie and waseem are still very

much a part of each other's

lives.

>> are you ever going to give up

on waseem ?

are you in this until all

appeals are exhausted?

>> yes, i played a role, of an

innocent man being falsely

convicted for crimes he did not

do.

i have got to make it right.

>> i have no doubt that waseem

daker is a cold-blooded killer

and justice has been served with

his conviction.

i hope that the appeals court

agrees.

if they don't agree -- this case

is about carmen .

this case is about nick.