COBB COUNTY, Ga.
The Supreme Court of Georgia has denied an appeal by a man convicted in the 1995 murder of a Delta flight attendant and the stabbing of her 5-year-old son in Cobb County.
According to court records, the appeal was filed by Waseem Dakar, who is representing himself without an attorney. Dakar’s argument stated that the trial court treated him unfairly, that the judge should have been forced to recuse herself due to bias, and that the Supreme Court's requirement limiting his brief to 50 pages was unconstitutional, the opinion said.
In response, the high court's decision stated "we decide nothing about the legal sufficiency of the evidence in this case."
According to court records, at his trial, Dakar fired his attorney and requested that all of the pretrial and trial transcripts be deleted from the record. As a result, the opinion said "without the trial transcripts, we cannot adhere to our usual practices."
“Contrary to Daker's arguments, due process and equal protection do not require this Court to allow him to file a brief of any length he wishes," the opinion said. "Here, Daker has been given a full opportunity to be heard in a manner that allows his claims to be fairly and efficiently considered."
Dakar was convicted of killing Delta flight attendant Karman Smith and stabbing her 5-year-old son, Nick. Smith was found strangled in her Cobb County bedroom in October 1995.
Court records said Daker killed Smith in an act of revenge against Loretta Spencer Blatz, who he had been stalking for 18 years. Blatz, who lived in the upstairs from Smith with her 10-year-old daughter, had changed her locks and moved to get away from Dakar.
Prosecutors said Smith’s body was bound, had friction burns on her chin and was punctured with an ice pick or needle. When her son reportedly returned from school that day, Daker pulled him inside a bedroom and stabbed him 18 times before leaving him for dead.
The child survived the brutal attack, but his mother did not.
Daker was subsequently convicted of the aggravated stalking of Blatz and served 10 years in prison, the opinion said.
The opinion said Smith’s murder went “cold” until 2009 when advances in DNA linked Dakar to her murder. He was taken into custody January 2010.
Following a two-week trial in September 2012, court records said the jury convicted Daker of the malice murder, felony murder, false imprisonment, and aggravated assault of Karmen Smith, the aggravated battery of Nick Smith, the criminal attempt to commit aggravated stalking of Loretta Spencer Blatz, and burglary.