O’Shea cleared his throat and Bosch knew he would now get down to the reason they were there.
“Did the name Ray or Raynard Waits ever come up in all these years of investigating Gesto’s disappearance?”
Bosch looked at him for a moment, his stomach twisting.
“No, it didn’t. Should it have come up?”
O’Shea pulled one of the folders out of the accordion file and opened it on the desk. He lifted a document that looked like a letter off the top.
“As I said, we’ve made it public that we’re going for the death penalty on Waits,” he said. “After the prelim I think he realized the writing was on the wall. He’s got an appeal on the probable cause for the traffic stop. But it will go nowhere and he and his lawyer know it. An insanity defense is a nonstarter as well. This guy’s as calculating and organized as any killer I’ve ever prosecuted. So they responded last week with this. Before I show it to you I have to know that you understand that this is a letter from an attorney. It is a proffer. No matter what happens, whether we move forward with this or not, the information contained in this letter is off the record. If we choose to ignore this offer, no investigation can come of the information in this letter. Do you understand that?”
Rider nodded. Bosch didn’t.
“Detective Bosch?” O’Shea prompted.
“Maybe I shouldn’t see it, then,” Bosch said. “Maybe I shouldn’t be here.”
“You were the one who wouldn’t give Freddy the file. If the case means that much to you, then I think you should be here.”
Bosch finally nodded.
“Okay,” he said.
O’Shea slid the paper across the desk and Bosch and Rider leaned forward to read it together. Bosch first unfolded his glasses and put them on.
Sept. 12, 2006
Richard O’Shea, Assistant District Attorney
Los Angeles County District Attorney’s Office
Office 16-11
210 West Temple Street
Los Angeles, CA 90012-3210
Re: California v. Raynard Waits
Dear Mr. O’Shea:
This letter is intended to open discussions regarding a disposition in the above-referenced case. All statements made herein and hereafter in connection with these discussions are made with the understanding that they are inadmissible under California Evidence Code §1153, California Penal Code §1192.4 and People v. Tanner, 45 Cal. App.3d 345, 350, 119 Cal. Rptr. 407 (1975).
I suggest to you that Mr. Waits would be willing, on terms and conditions outlined below, to share with you and investigators of your choice information regarding nine homicides, excluding the two in the above-referenced case, and to plead guilty to the charges in the above-referenced case, in exchange for the People’s agreement not to seek the death penalty on the instant homicide charges or to file charges in regard to the homicides about which he would provide information.
Furthermore, in return for the cooperation and information Mr. Waits would provide, you must agree that any and all statements by Mr. Waits and any information derived therefrom will not be used against him in any criminal case; no information provided pursuant to this agreement may be divulged to any other state or federal law enforcement agencies unless and until those agencies, through their representatives, agree to be bound by the terms and conditions of this agreement; no statements made or other information provided by Mr. Waits during any “off-the-record” proffer or discussion may be used against him in the prosecution’s case-in-chief; nor may you make derivative use of or pursue any investigative leads suggested by any statements made or information provided by the defendant.
In the event the above-referenced case goes to trial, if Mr. Waits offers testimony materially different from any statements made or other information provided during any proffers or discussion, then you may, of course, impeach him concerning such prior inconsistent statements or information.
I suggest that the families of eight young women and one male victim will attain some form of closure with the knowledge of what transpired in regard to their loved ones and, in eight of these instances, be able to conduct proper religious ceremonies and burials after Mr. Waits leads your investigators to the places where these victims now rest. Additionally, these families will find, perhaps, some comfort in knowing that Mr. Waits is serving a prison sentence of life without the possibility of parole.
Mr. Waits offers to provide information in regard to nine known and unknown homicides between 1992 and 2003. As an initial offer of credibility and good faith, he suggests that investigators review the investigation into the death of Daniel Fitzpatrick, 63, who was burned to death in his Hollywood Boulevard pawnshop on April 30, 1992. Investigative files will reveal that Mr. Fitzpatrick was armed and standing behind the roll-down security fence at the front of his store when he was set afire by an assailant using lighter fluid and a butane lighter. The can of EasyLight lighter fluid was left behind, standing upright in front of the security fence. This information was never made public.
Further, Mr. Waits suggests that police investigative files in regard to the September 1993 disappearance of Marie Gesto be reviewed as an additional showing of his credibility and good faith. The records will reveal that while the whereabouts of Ms. Gesto were never determined, her car was located by police in a garage at a Hollywood apartment complex known as the High Tower. The car contained Ms. Gesto’s clothing and equestrian equipment plus a grocery bag containing a one-pound package of carrots. Ms. Gesto intended to use the carrots to feed the horses she groomed in exchange for riding time at the Sunset Ranch stables in Beachwood Canyon. Again, this information was never made public.
I would suggest that if an agreement of disposition could be achieved, such an agreement would fall within the exceptions to California’s prohibition against plea bargaining serious felonies inasmuch as, absent Mr. Waits’s cooperation, there are insufficient evidence and material witnesses to prove the People’s case in regard to these nine homicides. Moreover, the People’s forbearance regarding the death penalty is entirely discretionary and does not represent a substantial change in sentence. (California Penal Code §1192.7a.)
Please contact me at your earliest convenience if the foregoing is acceptable.
Sincerely,
Maurice Swann, PA
101 Broadway
Suite 2
Los Angeles, CA 90013
Bosch realized he had read almost the entire letter without taking a breath. He now gulped down some air but it did not displace the cold tightness that was forming in his chest.
“You’re not going to agree to this, are you?” he asked.
O’Shea held his gaze for a moment before responding.
“As a matter of fact, I am negotiating with Swann right now. That was the initial proffer. I’ve improved the State’s take substantially since that arrived.”
“In what way?”
“He’ll have to plead to all the cases. We’ll get eleven murder convictions.”
And you’ll get more headlines in time for the election, Bosch thought but didn’t say.
“But he still walks?” he asked.
“No, Detective, he doesn’t walk. He never sees the light of day again. Have you ever been up to Pelican Bay, the place they send sex offenders? It only sounds like a nice place.”
“But no death penalty. You’re giving him that.”
Olivas smirked as if Bosch didn’t see the light.
“Yes, that is what we are giving,” O’Shea said. “That’s all we’re giving. No death penalty and he goes away forever and a day.”
Bosch shook his head, looked at Rider and then back at O’Shea. He said nothing because he knew it wasn’t his decision to make.
“But before we agree to such a deal,” O’Shea said, “we need to make damn sure he is good for those nine. Waits is no dummy. This could all be a trick to avoid the needle or it could be the real thing. I want to bring you two into this to work with Freddy in finding out wh
ich it is. I’ll make the calls and you will be cut loose. That will be the assignment.”
Neither Bosch nor Rider responded. O’Shea pressed on.
“It is obvious he knows things about the two bait cases cited in the letter. Freddy confirmed the Fitzpatrick thing. He was killed during the riots after the Rodney King verdict came in, burned to death behind the roll-down fence in his pawnshop. He was heavily armed at the time and what is not clear is how his killer got close enough to set him on fire. The can of EasyLight was found just like Waits said, standing upright in front of the security fence.
“The mention of the Gesto case we could not confirm because you’ve got the file, Detective Bosch. You’ve already confirmed the part about the garage. Did he get that right about the clothes and the carrots?”
Bosch reluctantly nodded.
“The car was public information,” he said. “The media was all over it. But the bag of carrots was our ace in the hole. Nobody knew about that except me, my partner at the time and the evidence tech who opened the bag. We held it back because that’s where we ended up thinking she crossed his path. The carrots came from a Mayfair Supermarket on Franklin at the bottom of Beachwood Canyon. Turned out it was her routine to stop there before going up to the stables. The day she disappeared she followed the routine. She came out with the carrots and probably her killer as a trailer. We found witnesses who put her in the store. Nothing else after that. Until we found her car.”
O’Shea nodded. He pointed to the letter, which was still on the desk in front of Bosch and Rider.
“Then this is looking good.”
“No, it’s not,” Bosch said. “Don’t do this.”
“Don’t do what?”
“Don’t make the deal.”
“Why shouldn’t we?”
“Because if he is the one who took Marie Gesto and killed her and he killed those eight other people, maybe even chopped them up like the two they caught him with, then he isn’t someone who should be allowed to live, whether in a prison cell or not. They ought to strap him down, put the juice in him and send him on down the hole to where he belongs.”
O’Shea nodded as if it were a valid consideration.
“What about all of those open cases?” he countered. “Look, I don’t like the idea of this guy living out his life in a private room at Pelican Bay any more than you do. But we have a responsibility to clear those cases and provide answers to the families of those people. Also, you have to remember, we have announced that we are seeking the death penalty. That doesn’t mean it’s automatic. We have to go to trial and win and then we have to do it all over again to get the jury to recommend death. I’m sure you know that there are any number of things that could go wrong. It only takes one juror to hang a case. And it only takes one to stop the death penalty. It only takes one soft judge to ignore the jury’s recommendation, anyway.”
Bosch didn’t respond. He knew how the system worked, how it could be manipulated and how nothing was a sure thing. Still, it bothered him. He also knew that a life sentence didn’t always mean a life sentence. Every year people like Charlie Manson and Sirhan Sirhan got their shot. Nothing lasts forever, not even a life sentence.
“Plus, there is the cost factor,” O’Shea continued. “Waits doesn’t have money but Maury Swann took the case for publicity value. If we take this to trial he will be ready for battle. Maury’s a damn good lawyer. We can expect experts to cancel out our experts, scientific analysis to cancel out our analysis—the trial will last months and cost the county a fortune. I know you don’t want to hear that money is a consideration here but that is the reality. I have the budget management office already on my back about this one. This proffer could be the safest and best way to make sure this man harms no one else in the future.”
“The best way?” Bosch asked. “Not the right way, if you ask me.”
O’Shea picked up a pen and drummed it lightly on his desk before responding.
“Detective Bosch, why did you sign out the Gesto file so many times?”
Bosch felt Rider turn and look at him. She had asked him the same thing on more than one occasion.
“I told you,” he said. “I pulled it because it had been my case. It bothered me that we never made anybody for it.”
“In other words, it has haunted you.”
Bosch nodded hesitantly.
“Did she have family?”
Bosch nodded again.
“She had parents up in Bakersfield. They had a lot of dreams for her.”
“Think about them. And think about the families of the others. We can’t tell them that Waits was the one unless we know for sure. My guess is that they will want to know and that they are willing to trade that knowledge for his life. It’s better that he plead guilty to all of them than that we get him for only two.”
Bosch said nothing. He had registered his objection. He now knew it was time to go to work. Rider was on the same vibe.
“What is the time frame on this?” she asked.
“I want to move quickly,” O’Shea said. “If this is legit, I want to clean it up and get it done.”
“Gotta get it in before the election, right?” Bosch asked.
He then immediately regretted it. O’Shea’s lips formed a tight line. Blood seemed to collect beneath the skin around his eyes.
“Detective,” he said. “I will give you that. I’m running for election and clearing eleven murders with convictions would be helpful to my cause. But do not suggest the election is my only motivation here. Every night that those parents who carried dreams for their daughter go to bed not knowing where she is or what happened to her is a night of terrible pain as far as I am concerned. Even after thirteen years. So I want to move quickly and assuredly and you can keep your speculations about anything else to yourself.”
“Fine,” Bosch said. “When do we talk to this guy?”
O’Shea looked at Olivas and then back at Bosch.
“Well, I think we should have an exchange of files first. You should come up to speed on Waits and I’d like Freddy to familiarize himself with the Gesto file. Once that is done we’ll set something up with Maury Swann. What about tomorrow?”
“Tomorrow’s fine,” Bosch said. “Swann will be there during the interview?”
O’Shea nodded.
“Maury’s riding this one all the way. He’ll milk every angle, probably end up with a book and a movie deal before this thing’s over. Maybe even a guest anchor slot on Court TV.”
“Yeah, well,” Bosch said, “at least then he’d be out of the courtroom.”
“Never thought of it that way,” O’Shea said. “Did you bring the Gesto records?”
Bosch opened his briefcase on his lap and took out the investigation file, which was contained in a three-inch-thick binder generally known as a murder book. He handed it to O’Shea, who turned and gave it to Olivas.
“And I will give you this in return,” O’Shea said.
He slid the file back into the accordion folder and handed it all across the desk.
“Happy reading,” he said. “Are you sure about tomorrow?”
Bosch looked at Rider to see if she had an objection. They had another day before they needed to walk the Matarese filing to the DA. But the work was mostly finished and he knew Rider could handle the rest. When Rider said nothing Bosch looked back at O’Shea.
“We’ll be ready,” he said.
“Then I will call Maury and set it up.”
“Where is Waits?”
“Right here in the building,” O’Shea said. “We’ve got him in high-power on keep-away status.”
“Good,” Rider said.
“What about the other seven?” Bosch asked.
“What about them?”
“Are there no files?”
“The proffer, as well as Maury Swann, indicates that these were women who were never found and possibly never reported missing in the first place,” O’Shea said. “Waits is willing to lead us to the
m but there is no prep work we can do for them.”
Bosch nodded.
“Any other questions?” O’Shea asked, signaling that the meeting was over.
“We’ll let you know,” Bosch said.
“I know I am repeating myself but I feel I need to,” O’Shea said. “This investigation is all off the record. That file is a proffer that is part of a plea negotiation. Nothing in that file or anything that he tells you can ever be used to make a case against him. If this falls apart, then you will not be able to use the information to pursue him. Is that clearly understood?”
Bosch didn’t answer.
“It’s clear,” Rider said.
“There is one exception that I have negotiated. If he lies, if you catch him at any time in a lie or if any piece of information he gives you during this process proves to be knowingly false, all bets are off and we can go after him for all of it. He has been made quite aware of this, too.”
Bosch nodded. He stood up. Rider did, too.
“Do you need me to call someone to free you two up?” O’Shea asked. “I can flex a muscle if needed.”
Rider shook her head.
“I don’t think so,” she said. “Harry was already working the Gesto case. The seven women might be unknown victims but there’s got to be a file in Archives on the man in the pawnshop. It all cuts Open-Unsolved in. We can handle our supervisor.”
“Okay, then. As soon as I have the interview set up I will call. Meantime, all of my numbers are in the file. Freddy’s, too.”
Bosch nodded to O’Shea and threw a glance at Olivas before turning to the door.
“Detectives?” O’Shea said.
Bosch and Rider turned back to him. He was standing now. He wanted to shake their hands.
“I am hoping you are on my side on this,” O’Shea said.
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