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.



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