Echo Park

wasn’t going to give up.”
    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