Waseem Daker, who was sentenced to life in prison plus 47½ years in 2012 for the 1995 killing of Karmen Smith and the assault of her son, Nick Smith, will appear before Judge Mary Staley on Aug. 7.
He has been housed in the Jackson State Prison since his conviction.
Daker was found guilty of stabbing Karmen Smith twice in the back and then strangling her with a rope on Oct. 23, 1995, and then stabbing her son. The child survived.
Wrangling in the subpoenas
Among those who have been subpoenaed are Daker’s former counsel during the murder trial last fall, Jason Treadaway and his father Mike Treadaway, metro Atlanta news reporters who covered the case and even the owner of Mamie’s Cupcakes on the Marietta Square, Mamie Doyle.
No one was able to give the exact number of subpoenas issued, including the Cobb County Sheriff’s Office, which is responsible for issuing the court documents, or the Cobb County Clerk of Courts.
The Cobb District Attorney’s Office wasn’t aware of the final number either and no one was willing to speak about the hearing prior to Staley’s ruling, said Kim Isaza, spokesperson for District Attorney Vic Reynolds.
Mike Treadaway, who was in court briefly last fall as a standby attorney for Daker before Daker decided to represent himself, said he too has heard that a lot of people have been subpoenaed for the case, including his son and himself, but no number has been revealed.
“(Daker has) allegedly subpoenaed so many people that the judge may have some questions prior to testimony, as to how a witness would help the motion,” he said.
Blatz recants, could retake stand
It will be Staley’s decision as to whom Daker can call to testify, as well as who will be allowed to submit information, and Treadaway said one of those people could be Loretta Spencer Blatz.
Blatz, who was the state’s star witness in the 2012 trial, filed two affidavits in March recanting a majority of what she testified to under oath at Daker’s trial last fall and during a previous trial in 1996 that ended in his conviction for aggravated assault against her.
Courthouse officials have not said if Blatz is among those who have been subpoenaed.
“(Her testimony) would have to be explored because it could be an issue of irregularity in the case,” Treadaway said.
He also said that during the hearing, Daker will be allowed to ask any questions that he might feel will help his case in a request for a new trial.
“The key component on these types of things, though, are ineffective assistance of counsel but with him not having any counsel, that’s not helpful to him here,” Treadaway said.
The judge typically has about 90 days to make a ruling and Treadaway estimated that requests for new trials are granted in only about 5 percent of requests. And when Staley decides in favor of or against Daker’s motion, either party could file for an appeal afterward.