Daker was charged in January 2010 with the 1995 murder of Delta flight attendant Karmen Smith at her east Cobb home. A year after the murder, Daker was convicted of stalking Smith’s upstairs roommate and spent a decade in state prison. He was among persons of interest in the murder, but was not charged until 2010, when DNA evidence found at the scene definitively linked him to Smith’s death, prosecutors said.
For more than a year, Daker, now 34, tried to represent himself, after firing both private and public defenders, but in February agreed to be represented by the father-son legal team of Michael and Jason Treadaway.
On Friday afternoon, Staley heard several motions the sides have filed ahead of the trial, which could last three weeks.
The defense tried to suppress items found in Daker’s car and at his home at the time of his 2010 arrest, including an al-Qaida terrorist training manual found on his computer, arguing they have nothing to do with the murder and would only prejudice jurors.
Judge Staley allowed the items to be introduced. She also denied defense motions to hold four people — including Marietta Police Chief Dan Flynn —in contempt for failing to comply with defense subpoenas for information on the case.
In addition to malice and felony murder charges, Daker is charged with aggravated battery against Smith’s son, Nickolas, who was stabbed 16 times on Oct. 23, 1995. Nickolas Smith, who was 5 at the time, survived and is expected to testify during the trial.