The man accused of stabbing and strangling to death a Delta flight attendant in Cobb County in 1995 is acting as his own lawyer in a murder trial that starts Wednesday.
Cobb County Superior Court Judge Mary Staley begrudgingly allowed Waseem Daker to dismiss his court-appointed lawyers Wednesday morning after peppering him with questions to make sure he acknowledged the dangers of representing himself, and ensure he is prepared for trial.
“I’m not bending rules to accommodate your ignorance,” Staley warned Daker. “You’re making a choice to put yourself in harm’s way, but that’s your choice not mine.”
Daker told the judge he believes he is making the best choice of the options available to him. He has acted as his own lawyer during some of his pretrial proceedings, however Daker agreed in February to allow the father-son legal team of Michael and Jason Treadaway to represent him.
This week, Daker told the court that he and the Treadaways could no longer agree on a trial strategy.
“I understand there are dangers inherent in self-representation,” said Daker, who looked no different than a typical lawyer in his wire-frame glasses, grey suit and tie as he sat at the defense table. “I’ve considered them, you’ve told me about some of them. I believe that in my present situation it’s the best option available.”
Daker, 35, of Lawrenceville is charged with malice murder, felony murder, aggravated assault, aggravated stalking and burglary. He has steadfastly maintained his innocence. Prosecutors say he stabbed Karmen Smith twice before strangling her on Oct. 23, 1995. Daker also is accused of stabbing Smith’s 5-year-old son 16 times when he returned home from school that day.
Daker was convicted about a year after Smith’s slaying of stalking Smith’s upstairs roommate. He spent a decade in prison on those charges and was released in 2006. It was not until DNA testing linked him to the crime scene in 2009 that he was charged in Smith’s slaying.
Deputies used duct tape on Wednesday to mark out lines on the floor where Waseem Daker will be prohibited from moving beyond the podium to approach jurors or witnesses as he argues he is not guilty of the slaying of Karmen Smith or the attack on her 5-year-old son. The judge also ordered Daker to hand any paperwork or exhibits to the bailiff, who will then pass the documents to witnesses or jurors to examine.
Daker will not be allowed to handle knives which will be admitted into evidence later in the trial.
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