Daker was convicted last October in the strangulation death of Karmen Smith in her east Cobb home, and the stabbing of her then-5-year-old son, Nick Smith. The boy, now 23, survived 18 stab wounds.
Daker was sentenced to life in prison plus 47 ½ years and remains in the Jackson State Prison.
He appeared before Superior Court Judge Mary Staley Monday and Tuesday to question a series of witnesses he thought may support his case for a new trial.
“The state in this entire case, this has been a strategy of concealment and deception, to help the state,” Daker said.
Daker said the younger victim, Nick Smith, was told what to say during testimony in the murder trial. Daker believes that a knife from the murder scene is missing, along with incomplete phone records.
He said the state wouldn’t bring charges against Loretta Blatz. Blatz came forward in spring recanting her original testimony and admitting that she lied on the stand. Charges would not be brought against her, Daker claimed, because it would require a new trial.
“To call this trial a miscarriage of justice would be a compliment,” he said. “It doesn’t even deserve that. This was a lynch mob, but instead of a rope, we have the camera and the lynch mobs sitting over here in the box (jury) … It wasn’t just Ms. Blatz, but she actually came forward and admitted she lied.”
Daker claimed Cobb Assistant District Attorney Jesse Evans and Judge Staley “demonized him.”
“At some point, this case is going to go down as a wrongful conviction of an innocent person, of perjury, prosecutional misconduct, of lies, of judicial bias … sooner or later, that is going to come out,” Daker said. “The state is willing to lie, steal, cheat and break every rule in the book to get that conviction, which is what they did in this particular case.”
Cobb Assistant District Attorney Dan Quinn, who worked on the case with Evans, delivered the prosecution’s closing arguments.
Quinn focused on what he called the lies that Blatz told during the trial and the letters she’s exchanged with Daker since his conviction, which include a blank and signed affidavit she sent him to fill out.
“Her affidavits aren’t worth the paper that they are written on and her testimony from (Monday) wasn’t worth the court reporter’s time in typing it out,” Quinn said. “After the trial, something happened. I can’t explain how that is, but she went from accusatory tones to the defendant to basically obsessing with him and taking his side, investigating his case, mortgaging her house to help him.”
Quinn said Blatz came up with scenarios that could help Daker’s case in her letters to him.
“She brainstormed scenarios and eventually starts presenting testimony based on what (Daker) is telling her to write,” he said.
In one letter about the affidavits, Blatz wrote, “You’re creative … can write them any way you want.”
In closing, Quinn said there was no new evidence for Staley to consider that would qualify for a new trial and asked her to deny it.
Staley said she would take a few weeks to review the request for a new trial before making a decision.