From his solitary confinement cell on notorious Texas Death Row, William speaks about his case, and his claims of innocence, his life, and his feelings about life, and what it’s like on death row. Samantha, a death row advocate for inmates has been his supporter and friend. She maintains his web site and myspace, created to bring awareness to his case. Here is the interview with both of them.
I understand you support William Berkley, a Texas death row inmate. How did this come about?
I actually wrote to Richard Cartwright who was an inmate on Texas death Row, and executed on May 19, 2005. I knew William was a friend of his and wanted to write someone after Rich’s death. I read some of Rich’s uncensored articles and picked William to write to. From what I had read he seemed like a funny guy, that I could get along with. We have been writing for two years now and I cannot imagine my days without his letters!
What is your relationship to him?
William is my Best friend! We are very close… We write every single day and tell each other everything! I would do anything in this world to save his life.
Do you visit him on death row, and what is it like?
Yes, I visit him or try to every three to four months. Its great to see him. The hardest thing about it all is leaving him behind when I leave those doors. Our visits are usually very pleasant! We make each other smile, we talk about a lot of things. From his case, to life in general. and we joke around a lot!
Do you believe he is innocent, and why?
YES! William is innocent, there is no doubt in my mind that he is. William had a very unfair and unjust case. He was basically railroaded by the system. Its so sad. So many things in his trial and such just do not add up in any way. There are things missing, evidence not heard, contradictory statements from law officials and witnesses. The case in itself was a pure mess. I cannot believe that twelve people could sit and listen to all the inconstancies and still say this man needed to die.
What kind of a person is William?
William is VERY kind hearted. He would give the shirt off his back for his friends, and even people that he does not know, if they needed help, he is there. He is very funny as well, even for his current situation and where he is, its amazing how he can make someone laugh on a daily basis. He would NEVER hurt a fly, more or less a human being. He is a very special person in every way. There is no way he is capable of the crime he is accused of.
How can the public help in your struggle to prove William’s innocence?
At this stage in his trial the only way I see we could help is an investigator. I am trying my hardest to make this happen. If anyone would like to help William and myself make this possible they can visit his website, his yahoo chat group or his myspace page. All of them have donation links. Also, his case needs to be heard, we need to get his name out there and BE LOUD! Someone has to listen. To learn more in detail about his case visit his yahoo chat group. We need to get the word out about this man, and I will not stop until I am heard. If that means raising hell until someone hears me, then so be it!!
Ghostondeathrow.com
Myspace.com/wberkley999422
http://groups.yahoo.com/group/HelpSaveGhost/ At this time if there is anything you would like to add please do so
In short, I am a goofball at heart. I was born in Germany but moved back and forth from America and Germany because my father was in the military. I was raised mostly in El Paso Texas. I have a daughter named Idalis who I have not seen in 7 miserably long years.
I am 28 years old, but by the time I was 15 I had been to more countries than most people. I know that sounds arrogant but like I said, my father was in the military. I don’t remember most of the countries I have been to because I was real little.
I am very honest, brutally honest at times and sometimes people can’t handle that. I always try to do the right thing and have no qualms about admitting when I am wrong. I love classic rock music and art. Creating art helps relieve my stress. I love to flirt with my girl friends and make them laugh and smile, well I do that with my guy friends too. I am a “smart ass’ yet can be very deep spiritually and intellectually as well.
I have seizures, but the kind I have only infants are supposed to have, and mine started at the age of six. To this day the doctors do not know why I have them.
Because of my fathers military career I never really knew him until I was the age of 17. He was always gone, stationed somewhere. I released through art and drugs. I tried everything once but 90% of the time stuck with marijuana. I know you are going to look down on me about that but you want me to be honest right? Well, your getting it then, so I would ask that you take the time to really get to know me before you judge me.
Most of my friends my whole life were females. I was never really into showing off like other boys. Don’t get me wrong, I had a few male friends here and there, but most have always been female. I am a very, very, open minded person and love to learn about people, their stories, cultures, etc. Life is a lesson, so pay attention and learn.
What were you convicted of and how long have you been on Texas death row?
I have been convicted of Capital Murder by the robbery, kidnapping, and sexual assault of an 18 year old Hispanic female named Sofia, whom I knew. The prosecution claims I did not know her. I have been on death row for 5 years, but have been locked up for 7.
What conditions are you under?
Extreme Isolation! We used to be housed in population at the Ellis Unit, but in 1999 were moved to what is refereed to as Administrative Segregation (adseg). That’s what TDCJ calls it to sound professional but all it is is solitary confinement. There are no TV’s here, I have not watched TV in 5 years. We have no arts and crafts, no group recreation, no work program, and they just passed a rule that says we are no longer allowed to have colored paper anymore. We had all of that at the Ellis unit.
We used to be able to order limited arts and crafts, like art paper, pens and pencils, but like everything else over the years they just kept taking things away. We do have radios that can be purchased through the prison commissary, if you have the money. If not then you are out of luck. I wonder how long it will be before they take away the radios like everything else.
The last person I got to touch was my daughter when I gave her a kiss and hug, when I tucked her in bed. She was four years old then. Since then it’s been metal handcuffs after I am strip searched daily. At least they can’t take the memory of my daughter. Even if they kill me, they still can’t take that. I Love you Idalis!
I understand you were not arrested for 6 months after the crime occurred, why was this?
7 months actually. Heather Napawoki/Jacques who participated (in the crime) by disposing evidence of a burnt I.D. at the request of Jacques (my codefendant but was never charged) learned of a $200,000 reward. They were married. She came forward and stated (to my knowledge) that Jacques did the crime and that I helped. At the time Jacques was in county jail for unrelated charges of assault, for beating Heather. When he was questioned he said that I did it. Heather was caught lying under oath, but allowed to continue her testimony for some reason. Until Heather came forward, they had no clues or leads whatsoever. I do know a set of car keys to Sofia’s car were found on the roof of their apartment.
Do you feel you had adequate legal representation?
Hell no! Texas has a $25,000 dollar salary cap for legal defense when it costs an average of $100,000 to properly defend a Capital Murder case client. My trial attorney was almost banned for something he did to George Rivas (another inmate) prior to Riva’s becoming one of the infamous Texas 7, (one of 7 inmates who escaped off death row). I’m not sure what, he refused to investigate certain issues, my direct appeal attorney was changed and I didn’t know until I got my brief already filed . So for over one year I was writing to the wrong attorney. My State writ of Habeas Corpus Attorney and I did not get along because he refused to investigate. I was his first Capital Murder case, and likewise with my Federal writ attorney.
Do you feel your trial was a fair one?
Hell no! My trial attorney Francisca Macias told me “there is a note pad, don’t look at the jury, sit here and draw and I’ll take care of everything”. Literally. He refused to attack the coerced confessions on other areas. He really didn’t put up a defense until the punishment phase. I screwed up and signed two confessions, but I could not read what I was signing because I did not have my glasses. I was told that the stuff I was signing was to get the attorney I requested present. Forensics can prove the confession is false. For example the corona stated under oath “in my opinion sex was consensual and there was no rape. There is no way posable Sofia could have given Mr. Berkley oral sex because there was no semen found in the oral swabs, only the vaginal ones.” The confessions both stated that Sofia performed oral sex on me. Say for example I did do it (which I didn’t) and I was confessing, why would I lie in my own confession? That don’t make sense. Another thing about the confessions, is that both detectives testimony contradict each other about my ability to read what I was signing. Also when a third detective notified the one questioning me about Sofia’s ex boyfriend Hernandez being identified he stated “So we already have Berkley down here.” Not one of my attorneys at any stage has attempted to attack my false confessions, even though I have asked all of them to do so, and I am willing to submit copies of personal letters written to them to prove that I have repeatedly asked them to do so.
I have even went as far as to file a per se motion for new 11.071 state writ of habeas corpus counsel because he would not attack the false confessions. DNA on other issues I filed that with my trial court in El Paso, at the district clerks office.
I knew Sofia, her and I had sex several times. My father met Sofia. I was supposed to meet her family that weekend. I have never once denied the fact that Sofia and I had sex. The slugs don’t match, the confession and my codefendants confession both state I used my father’s gun. There is also the DNA issue. The lab techs did not conduct the test correctly on purpose. She (lab tech) was fired and the state knew about this, and supposingly had it retested the day the trial started.
Sofia’s ex boyfriend was identified in a photo lineup. and a police like person seen where her car was ditched. I personally did not know about the DNA test until my state Habeas attorney told me.
Another issue was the state prosecutors own investigator wrote a letter stating his own investigation was leading elsewhere. My trial attorney knew about that and was mad because we could not find this investigator. When I asked if the judge could suspend the trial until he was found, Macias replied by saying “I can’t tell the judge what to do”
Are you innocent, and can you prove it?
Yes I am. I did NOT commit this crime. As far as proving it, yes with proper funding and the attorneys and investigators, that are actually willing to investigate it and look into my issue, and not just go through the motions like most court appointed attorneys.
My Federal writ just got denied and I’m filing a C.O.A. to the fifth circuit.
How can the public assist you?
Raise hell. I don’t mean in a chaotic way, or illegal way either. Anyone out there reading this interview may know one or any of the four females I was with the night this happened.Or anyone out there that may have information about the whereabouts of these females, or any other information about the case that can be helpful.
The four females I was with picked me up on the side of the road while I was walking home. Look for the innocence letter.(on my site) That section at this time may be under construction at this time. Email Samantha and she will provide you with whatever information you may need or want to view.
At this time is there anything else you would like to add?
This crime happened March 10, 2000 in El Paso Texas. Heather Jacques claimed one way she knew I did it was that Jacques told her , and she said she read about the murder the next day in the paper. The next day would be the 11th of March. But Sofia’s body was not discovered until the 12th of March.
In a nutshell their version is that I took my father’s pistol. Jacques and I randomly chose Sofia. I carried out the robbery, kidnapping, and sexual assault. Then Jacques helped me ditch the car in a separate desert location in New Mexico. They say I did not know Sofia. They claimed Sofia had scar tattooing which is caused from gun powder burns from the firearm being 3 to 4 inches from her face. Sofia was shot 5 times in the face and head.
According to the false confessions I signed, she was on one side of the bumper, and I was on the other. That would put us about 5 feet from each other. How then did she get the scar tattooing if it would have to be 3 to 4 inches from the head? At the trial they had a Styrofoam head to demonstrate the trajectory of each gunshot. Sofia was shot in the left cheek(unfatal) the right cheek by the nostril (Fatal) the left eye (fatal), one grazed the left eye lid(unfatal) and what was referred to as the oddball shot. Above the right ear on the side of the head, which was fatal.
How can you get tattooing from a shot on the side of the head, about a foot away, and from the wrong angle? Why are my fingerprints not all over her car? That just reminded me that according to the prosecution and confessions, I wore latex gloves to commit the act, then threw them away and drove the car to where it was ditched. If I threw the gloves away my fingerprints would be all over the door handle, steering wheel, gear shifter, but why are my fingerprints not there? Because I am innocent. I did not do this. Forensics can prove that the confession is false. My trial attorney would not let me testify either. The problem now, that out of seven years the only people that seem to care about an innocent life are Samantha, Sonja, Melissa, and Dee. I know there has to be more people who care, but where? Are you telling me I have to die because my attorneys wouldn’t do their job? I have a daughter that needs me, I can’t afford to die.
If anyone who reads this can help, it would be greatly appreciated. Thank you for taking the time to hear out a forgotten soul – William “Ghost” Berkley.
