Dear Family, Friends, Supporters and Well-Wishers,
This letter comes to you with greetings of the Holiday season, peace and blessings. It has been since June 2011 that I have last written to you. Sadly, silence is often times easier, especially when I have been struggling with what to say – it is impossible to adequately express the pain and anguish I am experiencing in writing and I am not good at putting on a false façade. With God’s grace I have found the strength to write you now and hope you will welcome it in its fullness.
I have now been in prison over four years for a crime I never committed. I have never been alright being in prison, but have to appear that I am. I have been displaced from all that is familiar – home, family, identity, and freedom. I have painfully discovered that the amount of time, determination, money and faith required to reverse a wrongful conviction is a daunting task; in which only the strongest and most resolute can hope to succeed.
After three years my appeal attorney was able to take the first major step in my direct appeal and filed my Appellant’s Opening Brief in August 2012. In April 2013, the Attorney General’s Office filed their Response Brief. However, soon thereafter my appeal attorney gave birth to her first blessed child and took a much needed maternity leave. She is back from maternity leave and is catching up on a backlog of work. In January she will be back to work on my Reply brief, which is expected to be filed in March 2014.
While my appeal is pending I am trying to spend my time productively here in Mule Creek Prison in the hopes of making a positive contribution. Currently, I am working as an education clerk for the Principal in the Education Department. I am also tutoring mathematics to a few students. Lending a helping hand to the underprivileged and those who never received an education also gives me strength during this time of testing.
As you may know, after 10 years, Peggy and I were blessed with the birth of our first son and with our second son two years later. These miracles, “my sons”, are gifts from God and they are very precious to Peggy, I and our families. It seems a cruel twist of fate that I have been wrongfully convicted and sentenced to serve 378 years and will never be a daily presence in my children’s lives unless I am exonerated. I have even been denied contact visits with my children due to the nature of the crime I was accused of. I am painfully missing the joy of fatherhood as my children are rapidly growing. Kishan is almost 6 and in Kindergarten and Jahnu will be 4 soon and in Preschool. Kishan was only 15 months old when I was cruelly taken from his life.
Peggy has been forced to be a single parent to our young sons. I do what is within my power to stay in contact with my children, talking to them on the phone, sending them cards and had drawn pictures. When I talk to Kishan and Jahnu on the phone they tell me they are praying for me to come home. Recently, they told me they now have a bunk bed and asked me when I come home if I can sleep with them because they get scared at night. They tell me they can’t wait for me to come home and play with them, play soccer, go swimming, watch movies, etc. Kishan talks to me about his school. They draw pictures of super heroes or of us together doing different activities like swimming and send them to me. Kishan is now playing soccer – those who have known me for a long time will know that was my favorite sport which I played all through my youth and dreamed of teaching my children how to play. Kishan is learning to read, do math and loves to draw and play music. I have missed all of Jahnu’s childhood, although I get a little glimpse through the phone, letters and a half hour visit through the glass every couple of months. Peggy tries to keep me updated about our son’s daily lives and about their school by sending me school’s newsletters. I love to hear them on the phone and see their letters, although it is a constant reminder that I am not there with them and how much I am missing of their lives – it is incredibly painful. This is not how life is supposed to be. This is not how family is supposed to be. Life from where I stand seems as if it has been placed on hold while everyone else’s is on fast-forward. Every possible resource was used to fund my trial and now my appeal. Needless to say, it has been a terrible nightmare. Yet, I realize that sometimes in life light is not recognized except through darkness. And after this journey through the dark, I hope to find the path once again where light still shines.
It is amazing what is discovered about oneself and others during the darkest periods in one’s life, finding who really is true to you. I may be wrong but I believe that in terms of action, people in general are sympathetic, but not courageous because of their distrust of our society, that serves the interest of power, which has silenced heir activism through their strongest weapon – Fear. I really cannot blame them and do empathize with them. However, in these kinds of fights (for freedom) one can be neither passive nor submissive. One has to fight hard, be relentless, persistent, and fearless.
I was sentenced to life in prison, or more appropriately “death in prison”. What has been learned from the innocent people coming out of prison who have been wrongfully incarcerated is that in many cases law enforcement, prosecutors, and sometimes sadly even some judges have gotten it wrong. I realize that I represent and am part of the minority in our prisons. Most others truly did commit the crime(s) that placed them here. I am, however, just one of a fast growing number of actual innocent citizens being forced to experience undue arrest and convictions through error, often followed by undeserved imprisonment for life. For anyone to be convicted by a jury in our past or most assuredly in our present system, does not mean that person is guilty! We’re still a long way from being able to say that. The very fact that the scientific discovery of DNA has already proven that hundreds of innocent fellow citizens suffered wrongful convictions and even death by execution, by jury, clearly proves this point. And, DNA evidence does not exist for testing in over 70% of the most serious life or death cases. Including of course…mine! I fully agree with our Attorney General Kamala Harris when she said, “Ultimately being smart on crime is about doing more preventing and less reacting…We must do less collecting and more correcting of prisoners.”
For me to be in this position is unimaginable. No matter how much time passed by, just knowing that I am being thought of as this person who raped someone tears at my soul. It’s as far from the truth as words could ever place me. In my entire life, I have never caused harm to another person and it’s disheartening to think that anyone who knew me could ever think otherwise. Aside from bearing the brunt of a wrongful conviction, I have learned that the worst thing that can happen to someone in my predicament who knows the truth and continues to convey it, is for it never to be acknowledged or believed. So for those of you who used your voice to change the status quo and fight against injustice, you have my respect. For those of you who have stood by me, who have broken the silence, who have by their words or actions told the public and world they believe in my innocence, words of thanks can never express my sincere gratitude, nevertheless I hope you can feel the depth of my gratitude when I say thank you. You were not passive or reckless; nor did you play dirty. Some have been relentless and fought a hard fight – you will never be forgotten.
People often ask how they can help me and my cause. There are different ways to help: coming to the rallies; sharing our websites, facebook, and information with people within your contact; signing the petition of support; liking our facebook page; donation for legal expenses; speaking out in my support; commenting and/or blogging on social media and news articles. Writing me letters is one of the best ways you can give me strength to persevere and to demonstrate that you care. There’s something so special about receiving letters in the mail. It reminds me that someone cares and is thinking of me. It’s really a gesture of affection. Those who have written to me while I am here, you have given me comfort during my darkest time. So I thank you all for writing.
I feel there is still so much to say and even more to do. I am weary of the fight, but confident because of the truth that is before me. With all humility and respect, I ask for your continued commitment to help in my fight to right what has been wronged against me and my family. Always cry for, speak up and help people when they are alive, because that is when they need it most. If I’m dead, there is no point to cry for me then.
Thank you for your patience in reading my letter and I hope you received it well. I must remain positive and not lose any faith in our criminal legal system, at least not yet. Most of my challenges are mental to survive prison. As Bob Marley once said, “you never know how strong you are until being strong is the only choice you have”. Ultimately, my strength comes from a higher power, my God, to whom I meditate to and remain in his shelter forever. I close this letter in the same spirit that it came – in love, peace and hope. With all my heart, I thank you for your sincere friendship, faithfulness and support. May you have a joyous and safe Winter Holiday and a Wonderful and bright New Year.
Yours Truly,
Ajay Dev
www.SeekingJusticeForTheInnocent.com
www.AdvocatesForAjay.com
Thank you David for bringing this letter to the public. A great tradegy has happened to Ajay and his family, and it is important for the public to understand that our legal system got it wrong in his case, and it needs to be fixed. Everyone who has learned more about his case and/or met Ajay (including guards and doctors at the prison) have come to realize that a grave mistake has been made. Thousands of people are hoping to see this case reversed at the appellate level.
If you would like to learn more about this case, please go to http://www.advocatesforajay or http://www.seekingjusticefortheinnocent.com.
The website is http://www.advocatesforajay.com. Sorry, I left out the .com in my previous comment.
Thanks David for publishing this. Ajay sends a letter to each of his supporters annually but inclusion on your website will greatly increase the exposure of this injustice.
A relative of mine also spent time in jail for a crime he was innocent of. It was ultimately expunged from his record. I’d like to write to Mr. Dev and offer him encouragement. What is the address at Mule Creek? Thank you.
Here is the link to Ajay’s address.
http://www.advocatesforajay.com/contact_us.php
Thanks so much for publishing this. I hope 2014 will finally bring justice for Mr. Dev. Your website has done a terrific job of keeping us aware of this case.
Thank you for publishing Ajay’s letter. It is a great way for the public to get to know Ajay a little and see how compassionate he is.
How sad that Ajay is missing out on raising his children. I saw a recent documentary on Michael Morton aired on CNN, he too was wrongfully convicted and missed out raising his son. Something needs to be done to change the legal system. It is a huge business based on profits and has very little to do with justice or putting real criminals behind bars.
Thank you David for keeping Ajay’s case in the news! It is beyond a travesty that this man is in prison for a crime he did not commit and even more of a tragedy that he is not able to hug his children. We are praying that his appeal is approved and he will be back at home where he belongs.
i really shouldn’t comment on this, so i’ll just say this case makes my heart ache and has bothered me for some time. i was really hoping my office would allow the case to go back to trial – we’ll see where this ends up.
Thank you Davis Progressive for you nice comments. I do not know what office you are with, but I do hope that others in that office feel the same heart ache about Ajay’s case that you do. If so, then maybe this wrongful conviction can be overturned, and Ajay can come home again. The more people that look into this case, the more people realize that a huge mistake happened and that justice was not served.
It is not just family and friends who are amongst the fighters in helping for Ajay’s freedom. There are more than 1000 people who are now believing that something terribly went wrong at Yolo County Courthouse. More and more people will now realize that something did go wrong. One thing will never change. The Dev family only wants this wrong to be corrected. This has been a huge tragedy and as angry as I am at times, the Dev family members are a true follower of Gandhi, thus standing by the word “an eye for an eye leads the world only to be blind.” We only want justice. I pray that the Appellate Judges looks at this case very carefully and realize that something did go wrong and reverse it at least for a retrial if not for full exoneration.
When you compare the character of this man, and you look at the character of the man who’s suppose to be acting on behalf of the People, and the constitution, we know the wrong man is in jail. This is another warning bell— of the complete lack of accountability at the district attorneys office, the recklessness, the racism, and the unethical conduct of Yolo DA Jeffey Reisg–the Little Big Man. Which is a reflection of the overall system–anyone of us could be wrongfully convicted. Martial law, anyone?
Not getting the slams on the DA/Court system… were’nt there 12 people who decided beyond reasonable doubt that the charges were “proven”? Is it not on their heads? That being said, from what I’ve read, I’d have “reasonable doubt”, and I could support release for time served, and lifelong probation. Also would support no requirement for registration as a sex offender
again, i probably shouldn’t say much here. i think you have to look at a jury the way you would look at the planning commission. the jury are a citizen’s group who are assigned to apply law to the facts of the case. they can only weigh in on the facts that are presented before them. in my view, the biggest culprit in this case is judge fall who failed to properly weigh the law with regards to the critical evidence of the pretext phone call.
Thank you for publishing this letter and making others aware of this grave injustice.
I have known Ajay’s family for quite some time and I am familiar with the case. We met when my family member was being prosecuted for defending herself against a home invasion gang. The facts of Ajay’s case show he is innocent and the accuser was lying. It couldn’t be more clear. I have watched as the family lost everything just as we did. I also watched as Ajay, his wife and relatives displayed an incredible strength of character and a lack of bitterness far above my own. This innocent man is sitting in jail for no valid reason and the appeal process is long, convoluted and uncertain. My own family member pled to a felony because after seeing Ajay convicted we lost all faith that the system would work and could not risk a 26 year prison sentence for the mother of a disabled child. The conviction of this innocent man and the many other unjust convictions should outrage every citizen and spur each one to take action. Don’t kid yourselves, this could very easily be you or one of your family members.
This is just so heartbreaking. I am sorry for your family, Mary Ann, and I thank you for your support of the Dev family. We all need to stick together as a community of people who have personally witnessed horrific injustice such as this. It is so hard to believe this type of thing can happen in our country until it happens to you or someone you love. Stay strong.
Thank you, David, for devoting your life’s work to social justice issues, such as wrongful conviction cases like this. It is easy for busy people to go about our daily lives believing that our justice system is always fair. For those of us close to this case (and others whose friends or family members were incarcerated for crimes they did not commit), our innocent faith in “the system” has been forever lost. I hope and pray Ajay’s appeal restores my faith in our country’s legal system.
Ajay, I cannot imagine what a nightmare this ordeal has been for you and your family. Your letter is so full of positivity, and hope, it’s hard to fathom how I might survive if I were in your shoes… you are inspiring and I hope that the new year brings you justice and freedom. Best wishes.
I wish to commend David for his courage and public service for his resolute support of a man who was falsely accused and unjustifiably convicted of crimes he did not perpetrate.
Facilitating an unfiltered and uncensored voice to the very man who remains the juridical victim in the State v. Dev is an act of ethical and social rectitude, which should lambaste the conscience of all those who participated in Mr. Dev’s repugnant conviction and incarceration.
Thank You Mr. David for posting this innocent man’s heart breaking letter. You have done a tremendous job
on his behalf
Ajay’s story is such a tragedy and so heartbreaking. David, once again thank you for keeping this story alive. Ajay must not be forgotten and the injustice against him must be corrected. As Ajay said, “With all humility and respect, I ask for your continued commitment to help in my fight to right what has been wronged against me and my family.” So if you haven’t done so, please sign the petition at this site http://www.change.org/petitions/free-ajay-dev-a-victim-of-cash-for-convictions.
Gratefully, for those of us who continue to unabashedly maintain vigilance in proclaiming Mr. Dev’s unquestionable innocence….we can take comfort and solace and glean from Ajay’s Open Letter that although his body has regrettably been remanded to California’s Penal Institution, nevertheless, his mind, spirit and soul remain unfettered and liberated from this catastrophic injustice.
Thank you so much for publishing this letter! It needs to be out in the open as people will never know the truth unless it is allowed to come forward. I hope that your readers who are not familiar with this case will find incentive to dig deeper and find out about this tragedy of injustice. As long as I know of cases like Ajay’s, I will and cannot believe in peace. How can he rot in prison when the wheels that brought his tragic fate in motion talk about a just system?! Thank you for taking this on and CONTINUING with it!!!
The bravery required to post and write this letter are astounding. It never ceases to amaze me the level of support this website has given to a man that was unknown to it prior to imprisonment. To resolutely believe his story and sort through the facts and fictions of this case speak volumes to the character of this website. I am always grateful for anyone to, at the very least, give this case the consideration of a fair personal judgement or trial. The only thing that every person truly deserves is a fair trial, and although we don’t have the powers of state, we do have the powers of belief. To Ajay I lend mine. To him I would also say thank you for your efforts and this letter.
We are the Cheese,
Your comments state exactly the problem. Ajay’s trial unfortunately, was not fair. Rulings were made to withold pertinent evidence from the jury that showed the accuser’s motive for making the accusations. In addition, the accuser (a bias source) was allowed to translate the pretext phone call where she claims there was an admission of guilt even though an independent translator disagreed with her translation.
There were many lies by the accuser that were refuted by both procecutor/defense witness and no physical evidence.
i think you may have misinterpreted the post from cheese… or i did.
I do believe “Fight Against Injustice” is hitting on my comment correctly. “FAI” seems to possess a great wealth of knowledge of this case, and therefore can make a very well informed “personal trial” of Ajay. If the evidence is skewed and the actual trial is mired with malfeasance, as I also believe, than we can at the very least recognize for ourselves that this man is innocent, and this case to be erroneous. Hopefully with enough people, enough time, and enough evidence, all fueled by the belief of Ajay’s innocence, could help with his release and exoneration.
Dear David:
Thanks for bringing this letter to public forum. I would like to meet people who are proud of our legal system.
SSG
Thanks David for publishing Ajay’s letter. My prayer is that someday in the very near future the right thing will be done and Ajay can once again be with his family.