Bosch shook his hand, unsure whether O’Shea was talking about the case or the election.
He said, “If Waits can help me bring Marie Gesto home to her parents, then I’m on your side.”
It wasn’t a completely accurate summation of his feelings, but it got him out of the office.
3
BACK AT OPEN-UNSOLVED they sat in their supervisor’s office and brought him up to date on the day’s developments. Abel Pratt was four weeks away from retirement after twenty-five years on the job. He was attentive to them but not overly so. On the side of his desk was a stack of Fodor’s guidebooks for Caribbean islands. His plan was to pull the pin, leave the city and find an island to live on with his family. It was a common retirement dream among law enforcement officers—to pull back from all the darkness witnessed for so long on the job. The reality, however, was that after about six months on the beach the island got pretty boring.
A detective three from RHD named David Lambkin was set to be the squad’s top after Pratt split. He was a nationally recognized sex crimes expert chosen for the job because so many of the cold cases they were working in the unit were sexually motivated. Bosch was looking forward to working with him and would have liked to be briefing him instead of Pratt but the timing was off.
They went with who they had, and one of the positive things about Pratt was that he was going to give them free rein until he was out the door. He just didn’t want any waves, no blowback in his face. He wanted a quiet, uneventful last month on the job.
Like most cops with twenty-five years in the department, Pratt was a throwback. He was old school. He preferred working on a typewriter over a computer. Rolled halfway up in the IBM Selectric next to his desk was a letter he had been working on when Bosch and Rider stepped in. Bosch had grabbed a quick glance at it while he was sitting down and saw it was a letter to a casino in the Bahamas. Pratt was trying to line up a security gig in paradise, and that about said it all when it came to where his mind was at these days.
After hearing their briefing, Pratt gave his approval for them to work with O’Shea and only became animated when he issued a warning about Raynard Waits’s attorney, Maury Swann.
“Let me tell you about Maury,” Pratt said. “Whatever you do when you meet him do not shake his hand.”
“Why not?” Rider asked.
“I had a case with him once. This is way back. It was a gangbanger on a one-eighty-seven. Every day when we started court, Maury made a big deal of shaking my hand and then the prosecutor’s. He probably would have shaken the judge’s hand, too, if he’d gotten the chance.”
“So?”
“So after his guy was convicted he tried to get a reduced sentence by snitching out the others involved in the murder. One of the things he told me during the debriefing was that he thought I was dirty. He said that during the trial Maury had told him he could buy all of us. Me, the prosecutor, everybody. So the banger had his homegirl get him the cash and Maury explained to him that every time he was shaking our hands he was paying us off. You know, passing the cash palm to palm. He always did those two-handed shakes, too. He was really selling it to his guy while all along he was keeping the cash.”
“Holy shit!” Rider exclaimed. “Didn’t you guys work up a case on him?”
Pratt dismissed the idea with a wave.
“It was after the fact and besides it was a bullshit he-said-he-said case. It wouldn’t have gone anywhere—not with Maury being a member of the bar in good standing and all. But ever since then I heard that Maury likes shaking hands a lot. So when you get in that room with him and Waits, don’t shake his hand.”
They left Pratt’s office, smiling at the story, and returned to their own workstation. The division of labor had been worked out on their walk back from the courthouse. Bosch would take Waits, and Rider would take Fitzpatrick. They would know the files inside and out by the time they sat across the table from Waits in the interview room the following day.
Since Rider had less to read in the Fitzpatrick case she also would finish the filing on Matarese. This meant Bosch was cleared to study full-time the world of Raynard Waits. After pulling out the Fitzpatrick file for Rider, he chose to take the accordion folder O’Shea had given them down to the cafeteria. He knew the lunch crowd would be thinning out and he would be able to spread the files out and work without the distractions of the constantly ringing phones and chatter of the Open-Unsolved squad room. He had to use a napkin to clean a table in the corner but then quickly settled into his review of the materials.
There were three files on Waits. They included the LAPD murder book compiled by Olivas and Ted Colbert, his partner in the Northeast Division Homicide squad, a file on a prior arrest and the prosecution file compiled by O’Shea.
Bosch decided to read the murder book first. He quickly became acquainted with Raynard Waits and the details of his arrest. The suspect was thirty-four years old and lived in a ground-floor apartment on Sweetzer Avenue in West Hollywood. He wasn’t a large man, standing five foot six and weighing 142 pounds. He was the owner-operator of a one-man business—a residential window-cleaning company called ClearView Residential Glass Cleaners. According to the police reports, he came to the attention of two patrol officers, a boot named Arnolfo Gonzalez and his training officer, Ted Fennel, at 1:50 a.m. on the night of May 11. The officers were assigned to a Crime Response Team which was watching a hillside neighborhood in Echo Park because of a recent rash of home burglaries that had been occurring on the nights of Dodgers home games. Though in uniform, Gonzalez and Fennel were in an unmarked cruiser near the intersection of Stadium Way and Chavez Ravine Place. Bosch knew the location. It was at the remote edge of the Dodger Stadium complex and above the Echo Park neighborhood that the CRT teams were watching. He also knew that they were following a standard CRT strategy: to stay out on the perimeter of the target neighborhood and follow in any vehicle or persons who looked suspicious or out of place.
According to the report filed by Gonzalez and Fennel, they grew suspicious as to why a van marked on the sides with signs that said ClearView Residential Glass Cleaners was out and about at two in the morning. They followed at a distance and Gonzalez used night-vision binoculars to get the van’s plate number. He then entered it into the car’s mobile digital terminal—the officers choosing to use the onboard computer rather than the radio in case the burglar working the neighborhood was equipped with a police radio scanner. The computer kicked back a flag. The plate was registered to a Ford Mustang with an address out in Claremont. Believing that the license plate on the van was stolen and that they now had probable cause to stop it, Fennel accelerated, put on the UC car’s grille lights and stopped the van on Figueroa Terrace near the intersection of Beaudry Avenue.
“The driver of the vehicle appeared agitated and leaned out of the van’s window to talk to Officer Gonzalez, an effort to block the officer from conducting a visual survey of the interior of the vehicle,” the arrest summary read. “Officer Fennel approached the vehicle’s passenger side and beamed his flashlight into the van. Without entering the vehicle, Officer Fennel was able to notice what appeared to be several black plastic trash bags on the floorboard in front of the front passenger seat of the vehicle. A substance appearing to be blood could be seen leaking from the cinched mouth of one of the bags and onto the floor of the van.”
According to the report, “The driver was asked if that was blood leaking from one of the bags and he stated that he had cut himself earlier in the day when a large plate glass window he was cleaning shattered. He stated that he had used several glass-cleaning rags to clean up the blood. When asked to show where he was cut the driver smiled and then suddenly made a move to restart the vehicle’s ignition. Officer Gonzalez reached through the window to restrain him. After a short struggle the driver was removed from the vehicle and placed on the ground and handcuffed. He was then moved to the backseat of the unmarked car. Officer Fennel opened the vehicle and inspected the bags. At this t
ime Officer Fennel found the first bag he opened contained human body parts. Investigative units were immediately summoned to the scene.”
The driver’s license of the man taken out of the van identified him as Raynard Waits. He was booked into the holding tank at Northeast Division while an investigation of his van and the plastic trash bags carried on through the night on Figueroa Terrace. Only after Detectives Olivas and Colbert, the on-call team that night, took over the investigation and retraced some of the steps taken by Gonzalez and Fennel was it learned that the rookie officer had typed the wrong license plate number into the MDT, typing an F for an E and getting the plate registration for the Mustang out in Claremont.
In law enforcement terms it was a “good faith error,” meaning the probable cause to have stopped the van should still hold because the officers had been acting in good faith when an honest mistake was committed. Bosch assumed that this was the point of the appeal Rick O’Shea had mentioned earlier.
Bosch put aside the murder investigation file and opened the prosecution file. He quickly looked through the documents until he found a copy of the appeal. He scanned it quickly and found what he had expected. Waits was claiming that typing in the wrong plate number was a custom and practice within the LAPD and often employed when officers on specialty squads wanted to pull over and search a vehicle without legitimate probable cause to do so. Though a Superior Court judge found that Gonzalez and Fennel had acted on good faith and upheld the legality of the search, Waits was appealing that decision to the District Court of Appeal.
Bosch went back to the investigative file. No matter the question of the legality of the traffic stop, the investigation of Raynard Waits had moved rapidly. The morning after the arrest Olivas and Colbert obtained a search warrant for the apartment on Sweetzer where Waits lived alone. A four-hour search and Forensics examination of the apartment produced several samples of human hair and blood taken from the bathroom’s sink and tub traps, as well as a hidden space beneath the floor containing several pieces of women’s jewelry and multiple Polaroid photos of nude young women who appeared to be sleeping, unconscious or dead. In a utility room was an upright freezer which was empty, except for the two samples of pubic hair found by an SID tech.
Meantime, the three plastic bags found in the van had been transported to the coroner’s office and opened. They were found to contain the body parts of two young women, each of whom had been strangled and dismembered after death in the same way. Of note was the fact that the parts from one of the bodies showed indications of having been thawed after being frozen.
Though no cutting tools were found in Waits’s apartment or van, it was clear from the evidence gathered that while Officers Gonzalez and Fennel were looking for a burglar, they had stumbled onto what appeared to be a serial killer at work. The belief was that Waits had already discarded or hidden his tools and was in the process of disposing of the bodies of the two victims when he drew the attention of the CRT officers. The indications were that there might be other victims as well. The reports in the file detailed the efforts made in the next several weeks to identify the two bodies as well as the other women in the Polaroids found in the apartment. Waits of course offered no help in this regard, engaging the services of Maury Swann on the morning of his capture and choosing to remain silent as the law enforcement processes continued and Swann mounted an attack on the probable cause of the traffic stop.
Only one of the two known victims was identified. Fingerprints taken from one of the dismembered women drew a hit on the FBI’s latent database. She was identified as a seventeen-year-old runaway from Davenport, Iowa. Lindsey Mathers had left home two months before being found in Waits’s van and had not been heard from during that time by her parents. With photos supplied by her mother, detectives were able to piece together her trail in Los Angeles. She was recognized by youth counselors at several Hollywood shelters. She had been using a variety of names to avoid being identified and possibly sent home. There were indications she was involved in drug use and street prostitution. Needle marks found on her body during the autopsy were believed to have been the result of a long and ongoing practice of injecting drugs. A blood screen taken during the autopsy found heroin and PCP in her bloodstream.
The shelter counselors who helped identify Lindsey Mathers were also shown the Polaroid photographs found in Waits’s apartment and were able to provide a variety of different names for at least three of the women. Their stories were similar to Mathers’s journey. They were runaways possibly engaged in prostitution as a means of earning money for drugs.
It was clear to Bosch from the gathered evidence and information that Waits was a predator who targeted young women who would not be immediately missed, fringe dwellers who were unaccounted for by society in the first place and therefore not missed when they disappeared.
The Polaroids from the hidden space in Waits’s apartment were in the file, encased in plastic sheets, four to a page. There were eight pages with multiple shots of each woman. An accompanying analysis report stated that the photo collection contained shots of nine different women—the two women whose remains were found in Waits’s van and seven unknowns. Bosch knew that the unknowns were likely to be the seven women Waits was offering to tell authorities about in addition to Marie Gesto and the pawnshop man, but he studied the photos anyway for the face of Marie Gesto.
She wasn’t there. The faces in the photos belonged to women who had not caused the same sort of stir that Marie Gesto had. Bosch sat back and took off his reading glasses to rest his eyes for a few moments. He remembered one of his early teachers in Homicide. Detective Ray Vaughn had a special sympathy for the ones he called “murder’s nobodies,” the victims who didn’t count. He taught Bosch early on that in society all victims are not created equal, but to the true detective they must be.
“Every one of them was somebody’s daughter,” Ray Vaughn had told him. “Every one of them counted.”
Bosch rubbed his eyes. He thought about Waits’s offer to clear up nine murders, including Marie Gesto’s and Daniel Fitzpatrick’s and those of seven women who never caused a blip on anybody’s radar. Something seemed not right about that. Fitzpatrick was an anomaly because he was a male and the killing didn’t appear to be sexually motivated. He had always assumed that Marie Gesto was a sex killing. But she was not a throwaway victim. She had hit the radar big time. Had Waits learned from her? Had he honed his craft after her killing to make sure he never drew such police and media heat again? Bosch thought that maybe the heat he had applied on the Gesto case was what caused Waits to change, to become a more skilled and cunning killer. If that was so, then he would have to deal with that guilt at a later time. For now he had to focus on what was in front of him.
He put his glasses on again and went back to the files. The evidence against Waits was solid. Nothing like being caught in possession of body parts. A defense attorney’s nightmare; a prosecutor’s dream. The case sailed through a preliminary hearing in four days, and then the DA’s office upped the ante with O’Shea announcing he would go for the death penalty.
Bosch had a legal pad to the side of the open file so that he could write down questions for O’Shea, Waits or others. It was blank when he came to the end of his review of the investigation and prosecution files. He now wrote the only questions that came to mind.
If Waits killed Gesto, why was there no photo of her in his apartment?
Waits lived in West Hollywood. What was he doing in Echo Park?
The first question could be easily explained. Bosch knew killers evolved. Waits could have learned from the Gesto killing that he needed reminders of his work. The photos could have started after Gesto.
The second question was more troubling to him. There was no report in the file that dealt with this question. It was thought simply that Waits had been on his way to get rid of the bodies, possibly to bury them in the parklands that surrounded Dodger Stadium. No further investigation of this was contemplated or called f
or. But to Bosch it was something to consider. Echo Park would have been at least a half hour away by car from Waits’s apartment in West Hollywood. That was a long time to be driving with body parts in bags. Additionally, Griffith Park, which was larger and had more pockets of isolated and difficult terrain than the area around the stadium, was far closer to the West Hollywood apartment and would have been the better choice for a body dump.
To Bosch it meant that Waits had a specific destination in mind in Echo Park. This had been missed or dismissed as unimportant in the original investigation.
He next wrote two words.
psych profile?
No psychological study of the defendant had been conducted and Bosch was mildly surprised by this. Perhaps, he thought, it had been a strategic decision by the prosecution. O’Shea might have chosen not to take this route because he didn’t know exactly where it would lead. He wanted to try Waits on the facts and send him to the death chamber. He didn’t want to be responsible for opening a door to a possible insanity defense.
Still, Bosch thought, a psychological study could have been useful for understanding the defendant and his crimes. It should have been done. Whether the subject was cooperative or not, a profile could have been drawn from the crimes themselves as well as from what was known about Waits through his history, appearance, the findings in his apartment and interviews conducted with those he knew and worked for. Such a profile might have also been useful to O’Shea as an edge against a move by the defense to claim insanity.
Now it was too late. The department had a small psych staff and there would be no way for Bosch to get anything done before the interview with Waits the next day. And farming a request out to the FBI would result in a two-month wait at best.
Bosch suddenly had an idea about that but decided to grind it over for a little while before acting on anything. He put the questions aside for the moment and got up to refill his coffee mug. He was using a real coffee mug he had brought down from the Open-Unsolved Unit because he preferred it over Styrofoam. His mug had come from a famous writer and television producer named Stephen Cannell who had spent time with the OU Unit while researching a project. Printed on the side of the mug was Cannell’s favorite piece of writing advice. It said What’s the bad guy up to? Bosch liked it because he thought it was a good question for a real detective to always be considering as well.
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