>> i like your jersey. >> i enjoy your call. >> thank you. >> of the game. >> like you was just telling ted, i only see what you guys say. >> oh, we paint the picture for you. you're doing a good job. >> i've been a big radio guy even when i could still see a little bit. on television they assume the people are watching the television and they no longer call the game that say ted robinson does. they don't provide the detail. ted robinson to me, he calls the game the way that it's supposed to be done. ted is my guy.

am i actually pushing these guys who ran out of gas six miles on a lonely highway? or is this a metaphor for how i'm constantly pushing myself to make a tastier sandwich? like my new pepper jack ranch spicy chicken sandwich with spicy pepper jack cheese, spicy ranch, and spicy all-white-meat chicken. but judging from the third-degree sunburn, and the fact that i can't feel my legs, i'd say i'm actually pushing this car. there's gotta be a better way to get new customers. the pepper jack ranch spicy chicken sandwich. taste it before it's gone. yep, i'm lost.

there reese three things in my life that are really, really important, my family, my faith and the 49ers. >> david began to go blind at age 3 due to a condition known as retinitis pigmentosa and though his condition continues

to deteriorate david has never lost sight of what's important. besides being a dedicated son, a diehard faithful and a devoted friend, he's also a positive force, a proud season ticket member, david makes no excuses when times are did you have, neither for his team nor himself. >> you know, i've never seen david complain about his disability. i've never seen him get down about it or use it as an excuse. >> you know, i've had a lot of time to prepare for the inevitable slow transition into darkness, and i always try to keep a positive attitude, you know, and an optimistic outlook on life and that helps a lot. >> i enjoy seeing david have a great time. sometimes i wish that i had done this or we could have done this sooner, but being together with him now is more important to me than ever. his enthusiasm for the game and for life in general is just fantastic, and any time i get

negative he brings me right back up to life and reality, and i take a look at him and see how positive he is about everything, and i don't know what's the proudest you can get, but i'm very extremely proud of him. he's the best and has been wonderful. >> david is just so passionate, so knowledgeable and he's the most positive fan i've ever met in my life. >> i feel when i'm at the game like i'm a very, very small part of the team and the organization, and i love the people that are involved. the people on the website, the coaches and players and in fact a day doesn't go day, one day when i'm not absorbing some kind of 49er information, to me it's that part of the family and i feel that way when i'm in the other stands, too. i just love being part of the accident and supporting my team and, again, cheering when you're

supposed to cheer, and doing what i can as a little guy up in the third deck trying to help my guys, you know, it's being there for history when it happens. >> well, i think david exemplifies the term of faithful. he's always passionate, always positive and you will never say about david he's just jumping on the bandwagon. david is fired up. always true blue 49er fan. >> being faithful to me means till death to us part, for bert or worse, richer or poorer and literally meaning that stuff so being with your team and rooting for your guys and regardless of schedule and regardless of the score and regardless of the circumstances and regardless of the record, and in the stadium itself giving it everything that you have to try and bring that home field advantage and help

them. we stay till the very, very end and then some. we've never left early, never will.

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in 2013 pat torani was diagnosed with breast cancer. this diehard faithful and her son david stood side by side as she defeated the disease.

during breast cancer awareness month this year they stood side by side again, this time as pat graced the levi addressed the gameday crowd. >> introducing our foghorn are season ticket members david and pat torani, david, who has been legally blind has been to every event and accompanied by his mother pat beside him every step of the way. pat is the a brangser survivor and will be featured in an upcoming episode of "the faithful." let's hear it for the tehranis.

>> it is a haunting memory. impossible to forget. >> it definitely changed my life course completely. so, i remember it well. >> now in his 20s, nick smith

was only 5 years old when a masked man stabbed him 18 times and killed his mother. while recovering in the hospital, nick was told his mother was gone. >> do you remember your mom? >> not as well as i wish i did. most of my memories are just stories i have been told by other people. >> carmen's sister kristen and her husband jim helped raise nick. bedtime stories were often about his beautiful mother. >> she was very athletic. she was in swimming and basketball, softball, track, and she was in homecoming court, prom queen. she dated a football player, she was a cheerleader. >> her liveliness. she was very vivacious, very beautiful, and very fun. she had nick fairly early in life and did a great job of working and providing for nick at the same time. >> did you feel robbed that you never got to experience all those things a mother and son get to experience together? >> definitely. a lot of people in my family say

that i act just like her. that she was a happy person. >> a happy life that ended in an appalling act of violence. the police officers who discovered carmen's body got an immediate, emphatic lead from her upstairs neighbor lottie spencer. did you know immediately who had done this? >> mm-hmm. >> who had committed this? >> i knew. >> lottie was certain it was the work of a teenager named waseem daker. waseem and lottie had a history. she said it would explain the hideous attack. she told detectives her story. things had started so innocently. don't they always? >> i met him at the paint ball field playing paint ball. so we met by being teammates on the same team. >> lottie was the captain of the team, kind of a den mother. to the other, much younger players. especially waseem, a georgia tech student 12 years her junior.

>> he didn't have anybody else he could open up and talk to, or share his thoughts and feelings with. >> so you felt kind of like a big sister to him? >> that's exactly how i felt. >> daker was a bit of a loner. he latched onto lottie, started calling her at work, at home, and wouldn't stop. >> i told him that, you know, i have a life, and you're just taking too much of my time. and then he would cry, and then i knew that there was a problem. >> what was a nuisance at first, lottie said quickly escalated, her phone was ringing off the hook up to 100 times a day. why didn't you just stop talking to this person? >> i should have. i felt really sorry for him. i really didn't want him to get into trouble. it sounds so crazy. >> but maybe that also says about you that you're a good person. >> or a very filish person. >> foolish, lottie says, because daker's stalking became bolder, increasingly bizarre. >> he started flipping out, yelling that he's going to get me. and slit my daughter's throat in

front of me. and i would come home from work, and there would be a pair of my underwear on my doorknob. or a few days later a bra. >> what message is he sending with that? >> look at me. i'm getting into your place and getting away with it. there's nothing you can do to stop me. another time i came home early, and run into my bedroom and there was waseem daker. naked. wearing garter hose and a garter belt. looking at himself in my mirror. >> this is any woman's worst nightmare? >> mm-hmm. >> lottie says things reached a tipping point when, once again, daker threatened her and her daughter. this time while brandishing a knife. >> he has always told me he could get away with the perfect murder. his plan was in the making. >> finally, lottie decided to let the justice system take over. daker was arrested in august, but released on bond. a judge ordered him to stay away. he didn't. and was arrested again in september.

this time he was sent to a psychiatric hospital for evaluation. prosecutor jesse evans. >> he's got some severe issues with obsession. i don't think he has the ability to feel compassion for other people. he's clearly a brilliant individual, but he's a brilliant scary individual. >> while daker was hospitalized, lottie packed up and moved to the house in cobb county, about 20 minutes north of atlanta, where karmen and nick lived downstairs. so you moved. >> yes. >> to try and escape him? >> mm-hmm. >> in october, on friday the 13th, waseem daker was released from the hospital, less than two weeks later, karmen smith was dead. now lottie spencer was overwhelmed with guilt and anger. >> waseem daker is evil. he's pure evil. he's a monster. >> and that's what lottie told police. she said her stalker must have been the one behind the attack on karmen and nick. but why? daker was obsessed with lottie.

he never met or even spoke to karmen. or had he? lottie thought she knew the answer. a phone call she says daker made to karmen's phone a few days before the murder. >> it was friday the 20th and the calls started coming in. the phone got put off the hook and i could hear her phone ringing. >> karmen answered and then hung up abruptly. what was said? nobody knows. but carmen told her sister and brother-in-law that the call was from lottie's stalker. >> she said i'm going to go get a hammer and put it next to the bed, and i remember laughing, thinking, if that guy decides to get in the house, he's in trouble. but you really never think it would go to where it went. >> when you talked about her, you know, packing some stuff and coming to stay with us for awhile. >> lottie says seeing karmen's reaction to daker's call was heartbreaking. and she did what she could to help her neighbor feel safe. >> the entryway from within her

dwelling went from the sliding glass door, and so we just barricaded the door with some wood. she was so scared. she was shaking. and -- she was so scared. >> just three days later, that glass door was open, and smeared with blood. and waseem daker was the lead suspect in a horrible crime. coming up, evidence at the scene of the crime. >> there was a broken knife blade and hair and fiber evidence was recovered also from karmen's body. >> will it be enough to catch the killer? >> he was getting away with murder. he was getting away with exactly what he told me he would. >> when dateline continues.

just three days before she was killed, carmen smith told family and friends she had been called by waseem daker, the man who had been arrested for stalking her neighbor. it was the strongest allegation yet connecting the victim to the suspect. investigators tipped off about that call by lottie now closed in on zaccer. >> did you execute a search warrant on his house that night? >> we did. >> john dawes is a homicide detective with the cobb county police department.

>> in his room, we found a piece of paper with the address where this crime occurred. we found a torn up letter that was his words to lottie spencer. >> daker's torn-up letter to lottie was hateful, and threatening. prosecutor jesse evans. >> he specifically talks about having plans and backup plans to exact revenge on lottie and the worst part about the letter is he gets to the end and says i'm going to let you live. i'm going to get revenge on you, but i'm go to let you live. >> to police and prosecutors, this wasn't just a rant. it looked like a blueprint for murder. now they tried to link daker to the crime scene. >> some of the important evidence that we start with is the hair and fiber evidence that was recovered off of karmen smith's body. there was a broken knife blade. it was a fairly clean crime scene other than that. >> carmen had small puncture wounds on her back, and terrible bruising suggesting a ferocious struggle.

>> she had been not only tortured and murdered, but she had been undressed at some point and redressed. >> at karmen's bedside, the hammer she'd wanted for peace of mind. never touched as she fought for her life. not far away was the suspected murder weapon, a piece of rope. crime scene technicians dusted for fingerprints and collected blood samples. the evidence was sent to the state crime lab for analysis. >> the lab tests kept coming back without the physical evidence that we needed that linked him to the dead body of karmen smith. that's when we knew that it may always be a circumstantial case. >> and the circumstantial part of the case was just too weak to make an arrest. prosecutors still believed daker was the only viable suspect in carmen smith's murder and the stabbing of her son nick, but they didn't have the evidence to prove it. the investigation stalled.

what waseem daker walked away from the murder? >> he walked away from the murder, but not from some accountability. the police felt like they had a viable way of charging him with aggravated stalking. >> daker was arrested and charged with stalking lottie spencer. >> there are multiple witnesses, friends of hers, friends of his, that actually observed firsthand some of the stalking activities that were occurring at her apartment, either by hearing the phone, hearing him knock on the door, he would come by. >> daker was convicted in september of 1996 and sentenced to ten years in prison. it was the close to the worst chapter of lottie spencer's life. but it wasn't a happy ending. did you feel like you had some peace in your life again when he was behind bars? >> no. no, i mean, because he was getting away with murder. he was getting away with exactly what he told me he would. he needed to pay for what he did to carmen.

>> after the trial, lottie decided to leave georgia to try to start over. nick smith went back to the same school and the protective embrace of his family. >> i kind of just went back into the normal routine, i think that was the best way that i could have dealt with it. and i think my family did a pretty good job of trying to keep my life as normal as possible. >> during the next ten years, nick's life did finally return to normal. but in 2006, daker was released, and moved nearby. all the terrifying memories of the masked man wielding a knife came rushing back. police decided to provide security to keep nick safe. >> they would have the cops sit outside of our house at night and we had cameras installed in my house on the outside, just as a precaution. >> lottie says he was also looking over her shoulder. >> telling me about the day that he got out, that he was a free man again?

>> not a good time. >> were you waiting every day for the phone to ring or that bang on the door? >> yes, i was starting to unravel again. >> coming up, the fear begins all over and so does the push for justice. >> you had your smoking gun? >> absolutely. >> it's another trial for what waseem daker. and just look who's addressing the jury. party.

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news after ten years in prison, waseem daker was a free man, but still a suspect in the murder of karmen smith and the stabbing of her son nick. >> he was still terrorizing you in some ways? >> yes. just the fact that he was out was kind of terrorizing. >> he is that character in those horror movies. he's like your worst nightmare. >> after his release, daker got a job and moved to suburban atlanta. he was a free man and enjoying life. here he is skydiving. and loving it. daker's freedom galled homicide detective john dawes. the karmen smith murder was now officially a cold case. to dawes, daker was the one who got away.

does a case like this haunt a police department? >> absolutely. because these cases go home with you in your mind. >> but for years dawes couldn't do anything about it. and then just by chance, he was sent to a dna training seminar in 2008. a random assignment that would change everything. >> back in the mid nineties, very, very little at all could be done with the hair except to say the color of the hair. now when there's any tissue from the root on the hair whatsoever. it takes just a minute amount of tissue to come up with a full profile of dna. >> it's called nuclear dna testing and dawes immediately thought of karmen smith. karmen was a strawberry blonde, and he remembered the short, dark hairs recovered from her body, not hers, under layers of bedding. >> i felt it was invaluable evidence if there was enough tissue on that hair that was underneath her sweater.

>> dawes brought one of those dark hairs to a dna lab in texas and waited. it was almost 15 years after karmen smith's murder when the call came in. there was a match. >> they have identified waseem daker's hair, him and only him, to the exclusion of all others, on the dead body of karmen smith at the time that she was found. >> you had your smoking gun? >> absolutely. >> i got a call from detective dawes. i was very happy, but it was really hard for me to have to go back and tell the story of the things that he did. >> lottie dreaded the thought of testifying in open court, in front of daker, but she knew there would be no avoiding it. daker was arrested and charged with murdering karmen smith and stabbing her son nick. his trial started in september of 2012. >> all rise. >> prosecutor jesse evans was there for the state.

>> this case ladies and gentlemen is about obsession. >> evans argued that daker was a violent stalker and that his obsession with one woman led to the murder of another. >> you can't get into the mind of a psychopath and see why they chose to kill. some people are just mean. >> evans said daker had left a trail of destruction, and those critical hairs. >> the cold case solved by dna technology proof positive that waseem daker was the killer >> defending waseem daker was waseem daker. >> initially i want to point out a couple of things. just three principles of law that i'm going to give you. >> before he took over his own case, daker had been represented by an experienced father and son team, michael and jason treadaway. they were still advising him, and believed the state's case was vulnerable. >> they had no case without those hairs. that's why they didn't go forward. initially.

they didn't have a case. and they knew it. >> their advice to daker, focus on those hairs and don't obsess about lottie. >> this case had to be defended by attacking the science of the state's case. >> but daker couldn't seem to let go. his focus from the start was his relationship with the state's star witness. it was a romance, daker said, intimate in every way. lottie insisted that was not true. some of the things he said had to be just really beyond frustrating saying you two had a sexual relationship. >> you know what, there was no relationship, so there's nothing, you know, more that i can say about that. >> did he ever try and do anything like kiss you since he's so in love with you? >> no. never once. never once tried to kiss me or anything. >> when daker finally turned to those hairs he called on dr. greg tampekian. the prominent dna expert

challenged the state's key evidence. the nuclear dna test that was done on the root tissue of a single hair. the problem, he says, is none of the hairs recovered from the crime scene had any roots. >> there were hairs taken from the body and they were all clearly indicated on the reports as having no roots. that's something you can do with the naked eye and of course the experts at the time used a microscope. >> are you 100% sure the original hair had no root? >> the records all state that. so somehow it arrives at this laboratory, and it's a hair with a root. there's real problems with that piece of evidence. >> it was a serious challenge to the state's key piece of evidence. and daker once again connected the evidence to lottie spencer. a liar, he said, who had ruined his life in the most treacherous way.

>> she derailed the murder investigation by making all these false allegations. >> for lottie, all of the fear and hurt from her darkest days came rushing back every time daker mentioned her name. >> he was enjoying it. like he had control again. and that made me feel like really weak. >> jesse evans asked the jurors not to focus on lottie and to think about another woman when they started their deliberations. >> karmen smith's body was laid to rest, but i assure you it was not in peace. >> after he took his seat, prosecutor evans was anxious, uncertain what the jury would do. >> we were really holding our whole case together with two hairs. two hairs from the victim's body. if there's a plausible explanation for how those hairs come back with his dna results. if there's an explanation for that, our case is no longer viable. >> it took the jury just 3 1/2 hours to reach a verdict.

>> we the jury find the defendant waseem daker guilty of count one, malice murder. >> guilty of the murder of 30-year-old karmen smith. >> you go all these years thinking that he got away with it. and he didn't. >> at daker's sentencing, the state called just one witness, nick smith, who was determined to face his attacker one last time. >> i did not let him defeat me. no way. when waseem daker stabbed me, my life was put on hold. >> nick struggled to hold back tears. >> no longer will someone other than me control my life and interrupt my thoughts. he's finally caught. i'm finally free. i love you, mom. i never wanted to use what happened as any sort of crutch or let it get in the way. i did the best i could.

if she was still here, i think she would be proud. >> the judge then delivered daker's sentence, life in prison plus 47 years. but a defiant daker refused to sign the document for his sentencing. >> it's typical of the coward that you would act the way you're acting. and that's what you are, a coward. >> case closed. justice for karmen and nick smith and the victory lottie had wanted so badly. but the story was far from over. something happened at the end of the trial that would come to haunt lottie, something that would lead her to realize that there was still unfinished, and unbelievable business in her saga with waseem daker. coming up, a final verdict, yes. the final chapter? not even close. a stunning confession is about to turn this case around. >> i couldn't let it go.

i have a conscience. i had to live with me. >> when "dateline" continues.

- it only takes one genius to change a light bulb--you! led bulbs use 85% less energy and last a long time, saving you up to $100 over each bulb's lifetime. so change yours today. take him back. >> waseem daker had been convicted of murder and sentenced to life in prison. it looked like he was out of lottie spencer's life, finally,

and forever. >> it was very emotional. but so good. so very good. >> do you feel free? finally free? >> i feel like a lot of weight has been lifted and i'm going to close this chapter and just go on with my life in a positive way. >> that was lottie in 2012. she told us she had closed that chapter. but it turns out, she didn't. not by a long shot. in fact, within a year, she had turned this story completely upside down, with astonishing revelations. we sat down with her again to hear her new version of things. so did not expect to be sitting here talking to you again. >> no. >> major turn of events. >> yes, there has been. >> it all began with a bombshell. >> mr. daker and i had a consensual sexual relationship. >> yes, lottie now says she had in the mid '90s she had an

ongoing sexual relationship with waseem daker, that he wasn't really her stalker, he was her lover. it was something she had flat out denied for 17 years. if what you're saying is true, you lied to the district attorney, you lied in open court to the jury. you lied to me. >> mm-hmm. there are no words to describe just how very remorseful i am. what i did was wrong. i am taking 100%, full responsibility for what i have done. the damage i have caused this man. and his family is -- there's nothing i can do to take it back. nothing. >> lottie now says she lied under oath about the sex and about many of the stalking charges she had made against daker. did waseem threaten you? your life? >> no. >> did he threaten anyone's life

around you? >> no. >> are you in love with waseem daker? >> no. i never was in love with mr. daker. >> and you're not today? >> no. >> but lottie says even though she and daker were in a relationship, she still feared him. and until recently, genuinely believed he was a murderer. >> i was terrified of him. that was no lie. those emotions were real. i had the nightmares. i lived in that fear. >> she says that fear drove her to lie to put daker behind bars, but the euphoria she felt after the verdict started to sour. she couldn't stop thinking about something prosecutor jesse evans said during the trial. >> i learned during the closing arguments that karmen's lifeless body was wrapped up in five layers of bedding, and i was shocked. and i started to get pretty scared at that moment, because i had given karmen two blankets just before her death. >> they were blankets she now says she and daker had slept in together.

>> mr. daker used those blankets on a number of occasions. i mean, he was welcome in my home, and we were friends, and he'd spent the night, and clearly, i knew that his dna could have been on those blankets. >> remember, karmen had been found under several layers of bedding. if one of lottie's blankets was among them, it could explain how daker's hair got on karmen's body. >> this isn't a maybe, this is a woman who's risking perjury charges who's turning against her own self-interest. this is a woman who can explain this evidence. you have to take this seriously. >> the doctor who had been a paid expert witness for daker is now working on the case for free in his role as director of the idaho innocence project. he believes lottie's story is a game changer. >> now there's a logical explanation of how the hairs got there. this is one of those places where you just have to shake the system and say, wait a minute, this is so obvious.

he didn't get a fair trial. >> i couldn't let it go. i have a conscience. i have to live with me. >> so lottie decided to come forward. and after filing several affidavits with the court, judge mary granted daker a hearing for a new trial. but jessty evans wasn't buying lottie's new story. that's because while he was preparing for daker's hearing he believed he found that story's real source. >> there's a real issue here. something is going on behind the scenes that we weren't aware of. >> coming up, another revelation, inside a prison cell, 4,000 pages of secrets. >> do you think waseem daker is manipulating lottie from prison? a developing story tonight as a

birthday party ends in tragedy. what we've learned about the accident... that left a four year old boy dead. ==rob/ck== (rob adlibs) ==rob/close== next at 11

for almost two decades, here's how lottie spencer talked about waseem daker. >> waseem daker is evil.

he's pure evil, he's a monster. >> but now she calls him a victim. >> you know what? i messed up really bad. despicable. >> lottie's reversal was astonishing. in the years since karmen smith's murder, she had built a new life, she's a single parent again raising a young boy and living in a new home. by recanting her testimony, she was putting all of that at risk. how worried are you right now that you could go to jail for perjury? >> i'm very worried. i know that i'm facing prison time. and there will be severe penalty for what i do and i don't want to be ripped away from my little boy. i have everything to lose. >> a year after daker's conviction the hearing began on the motion for a new trial. daker, again representing himself, called the doctor, the dna expert, to the stand.

>> the man sleeps in the blanket, could his hair transfer to the blanket? >> yes. >> and if a man has sex in the blanket, can his hair transfer to the blanket? >> yes. >> dr. hampekian laid the scientific foundation, but daker's chances really hinged on lottie. >> next witness. >> loretta spencer blatz. >> a hush came over the courtroom as a nervous lottie made her way to the stand and swore to tell the truth. >> just prior to karmen smith's murder, i gave her two blankets. blankets that i knew that you used in my roswell apartment. >> she acknowledged having a sexual relationship with daker and then lottie's old list of daker's abuses started to topple like dominoes. >> did the defendant ever threaten you with a handgun? >> never. >> did i ever physically threaten to kill you or harm you? >> never. >> did i ever steal your bras, panties or hang them on your doorknob? >> no. >> there are going to be people who will see this and think, you're lying now.

and that you're really telling the truth before. >> what reason do i have? i have everything to lose. i'm doing it because this is right. >> in a bristling cross-examination, prosecutor jesse evans portrayed lottie as a troubled, unreliable woman. >> did you admit to us that you had some mental issues you were dealing with. >> i said i was suffering anxiety and depression. >> okay. >> evans next move was stunning. he presented evidence that he said explained lottie's incredible reversal. letters confiscated from daker's prison cell. 4,000 pages of correspondence between the convicted murderer and the woman who testified against him. >> i sent him daily devotions. bible verses. encouraging cards. i sent him a lot of information, case files. i actually feel like i am his personal secretary in a way. >> it turns out lottie has actually been helping with daker's appeal. he's been giving her research assignments.

she looks up cases, prints up documents, mails them to prison and then waits for his next request. do you think waseem daker is manipulating lottie from prison? >> there's no doubt by sending those letters to him, a convicted murderer, a sociopath, she's opened the door. she's allowed him an opportunity to get back into her life. and we already know that he has a history of manipulating her. >> is he manipulating you right now into doing exactly what he wants? >> absolutely not. this is a repentive woman who is very remorseful and very sorry for what she has caused. >> but evans says those letters tell another story. he says lottie knew about the bedding and hair evidence long before daker's murder trial started and never said a word about giving any blankets to karmen. >> it wasn't until after she started secretly communicating with the defendant that she then made this broad assertion that, well, i had given some blankets to karmen.

the problem with that is that i challenged her on it. describe the blankets. tell me which ones they were. she couldn't remember. >> so there's no smoking gun or smoking blankets in this case? >> absolutely. i don't think there are any blankets. i don't think there's any evidence of that. >> on the stand, lottie not only recanted her testimony from two trials, but described the incredible lengths she's willing to go to help set daker free. so you believe so strongly in this you applied for a second mortgage to help in waseem's defense. and you even took out a life insurance policy with naming waseem as the beneficiary? >> my daughter is the beneficiary. she would get a third, my son would get a third and daker would get a third. but yeah, i would mortgage my house and i would hire him the best defense that he could possibly get. >> despite all of lottie's efforts, the fund-raising, the correspondence with daker, the legal research, judge staley didn't buy her new story. she rejected daker's motion for

a new trial. >> the right results were reached for the right reasons. i know that we've done things the right way and i feel confident in the defendant's guilt. >> the ruling included a harsh rebuke of lottie. the judge said she lacked credibility, and her new testimony appeared to have been concocted by the defendant. but lottie seems unbowed, ready to carry on her fight. >> somebody needs to stand up and say, wait a second, justice was not served in this case. >> and on that point, lottie's not alone. jason treadaway, daker's shadow attorney during trial, agrees. >> the circumstances of how daker's hair came to be on that bed, what kind of more pivotal evidence could there possibly be? i believe the man deserves a new trial. >> how can you believe anything lottie says, though, now? >> i think when you have a man's liberty and life at stake you have to believe what she says. how can you at least not allow 12 different people to hear her version now, and let them decide if it's true or not.

>> they were an unlikely couple when they met. even more unlikely partners today. but after all these years, lottie and waseem are still very much a part of each other's lives. are you ever going to give up on waseem? are you in this until all appeals are exhausted? >> yes. i played a role. of an innocent man being falsely convicted for crimes he did not do. i've got to make it right. >> i have no doubt that waseem baker is a cold-blooded killer and that justice has been served with his conviction. i certainly hope that the supreme court agrees. if they disagree. guess what we do tomorrow? we try him and get him convicted based on our evidence. it doesn't matter what lottie says. this case is about karmen. this case is about nick. >> that's all for now. i'm lester holt. thanks for joining us. a rainy wo

a close. but more storms are on the way ... just in time for thanksgiving week. we're tracking it for you. a rainy weekend coming to a close. more storms are on the way in time for thanksgiving week. we are tracking it for you. first a tragedy unfolding tonight. three children involved in a deadly accident outside of a birthday party. the news at 11:00 starts now. thank you for joining us. i'm peggy bunker. >> i'm terry mcweenie. tragedy in this north bay tonight. a boy is dead after another child got in the car and accidentally backed over him. nbc bay area maryann favro is live in venn knee shah. you arrived a few hours ago, what have you yo you learned? >> reporter: police say the 12-year-old that backe