Bibliophile (Waseem Daker) Murder Case Update

SML

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Been over a month since Lottie retracted her testimony. This is going to be one of those "freed 20 years later" stories, isn't it?
 
skate323k137

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caleb1883 said:
There is a whole lot of reasonable doubt here. Too much to put a man in prison for.
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Agreed.

SML said:
Been over a month since Lottie retracted her testimony. This is going to be one of those "freed 20 years later" stories, isn't it?
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shit he'll be lucky to be free in 20 years. The south is some corrupt ass shit.
 
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galfordo

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people do not be alarmed, hordes of internet experts are on the case as we speak, or type, what the fuck ever
 
norton9478

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SML said:
Been over a month since Lottie retracted her testimony. This is going to be one of those "freed 20 years later" stories, isn't it?
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He has already done 10 years.
 
SML

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Right, for the original stalking charge.

I agree with galfordo that this is not a case that the internet is equipped to decide.

That a good deal of his defenders are based here is kind of depressing. One day Bibs will get out and it'll be: "Oh shit. I'd forgotten about that guy."

Alternatively, one day Bibs will die in prison and it won't be in the news.
 
abasuto

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Just because one witness took back their testimony, it's still up to the courts to decide if a retrial is in order. The DA wants him in that cell, so that'll be fought against and delayed for as long as possible.

Given there was DNA evidence used in his conviction, the DA has a strong case as to why a retrial is a "waste of the people's time".

Hate to sound negative, but I can see the courts denying him a retrial. He's in Cobb county, which is known for it's Texas tough style justice.
 
skate323k137

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Aug 4th "Daker trying for new trial in attacks"
http://mdjonline.com/view/full_stor...nstance=special_coverage_bullets_right_column

Aug 7th "Judge rejects Daker motions"
http://www.mdjonline.com/view/full_story/23311604/article-Judge-rejects-Daker-motions

“That case is done,” said Cobb County Assistant District Attorney Jesse Evans when asked about the motions after the 35-minute hearing before Howe.

The Georgia Court of Appeals affirmed Daker’s 1996 conviction in 2000, therefore his motions before Howe were moot because the case is no longer pending and there are no other appellate grounds that he can legally argue before.

In 1996, Daker, now 35, was convicted of two counts of aggravated stalking against Loretta Spencer Blatz and he served 10 years in state prison for those crimes.

“(Daker is) trying to revisit a case and you’re not allowed to do that, so in trying to revisit that he wanted to kick us and the judges off the issue of revisiting it,” Evans said. “And if there’s nothing to revisit, there’s no need to recuse the judges or the state.”
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Quoted from second link for bolded WTF related reasons

This morning Daker will appear back in Cobb County Superior Court in front of Judge Mary Staley for a hearing where he requests a new trial. Daker was convicted of murder in 2012 after a trial Staley presided over.

With this motion, Daker also subpoenaed a large number of people to testify or submit evidence.

The exact number of people subpoenaed is unknown, but before Wednesday morning’s hearing, a representative with the District Attorney’s Office asked those inside and outside of the courtroom who were subpoenaed to sign a clipboard detailing why they were called.

Approximately 40 people signed the list.

One of those people was Mamie Doyle, who owns and operates Miss Mamie’s Cupcakes on the Marietta Square.

When asked why she was asked to be there, Doyle said she wasn’t sure but that it may have had to do with her business giving a bailiff who worked during the Daker trial cupcakes.

She wasn’t the only one confused about her reason for being there.

Mike Treadaway and his son Jason Treadaway, who were both originally appointed to serve as Daker’s defense attorneys last fall but never did so because he chose to represent himself, weren’t sure why they were subpoenaed, either.

Not everyone subpoenaed was present Wednesday.

The Georgia Attorney General’s Office sent someone with a motion to quash, or suppress, its list of individuals asked to be there.

Lauren Kane, a spokesperson with the state office, said a number of people from the Georgia Department of Corrections were called to appear, including Commissioner Brian Owen, Chief Operating Officer Tim Ward, Rob Jones with legal services, Randy Tillman, director of Facilities and Operations at the Georgia Diagnostic and Classification Prison, Warden Carl Humphrey from the prison, corrections officer June Bishop, counselor Leslie Medlock and law librarian John Young.

Former Commissioner Greg Dozier with Georgia’s Department of Driver Services was subpoenaed, but the paperwork was served to current Commissioner Rob Mikell.

Krane said there were also some people with the Georgia Bureau of Investigation subpoenaed but she did not have the list of those people or have any idea how many there were in total.

Marietta attorney Tom Cauthorn, who has practiced law since 1972 and served as a Cobb Superior Court and State Court judge for 12 years up to 1991, said it’s “very unusual” that such a large number of people were subpoenaed for the hearing.

“He’s sent a subpoena to just about everyone he’s ever heard of,” Cauthorn said Wednesday afternoon. “If he has a legitimate argument about anything, it’s being lost in the background noise with all these subpoenas.

“You generally want to keep things clear and focused and that way the judge has their mind and attention draw to the real argument and not distracted by other matters.”

Cauthorn said the only reason Daker should be presenting any testimony or evidence for his request of a new trial should be if he was claiming that something has been discovered since he was sentenced, or if his defense attorney provided “ineffective counsel,” which isn’t the case here because he represented himself.

Read more: The Marietta Daily Journal - Judge rejects Daker motions
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How do you even disqualify a judge? Shouldn't the motion be about the retracted testimony?
 
mr aize

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That is fucking nuts! How can you not retry someone when the key prosecution witness admits she lied and explains away the key dna evidence? The entire case has been pretty much blown out of the water and they're just sitting there saying, 'nope, he's in jail now, we win'. Surely her new testimony, explaining away the dna evidence, would count for 'new evidence discovered since the trial'...
 
abasuto

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If he's going to insist on representing himself he's wasting his time trying.

Seeing how well he did attempting to represent himself the first time, I'm sure the courts could pin Hoffa's disappearance on him and get a 1st degree conviction.
 
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