(Editor’s note: Ajay Dev was convicted in Yolo County in 2009 and sentenced to 378 years in prison for a crime that he continues to assert that he did not commit. Over the last six years, his case has been heard in Yolo County in front of Judge Beronio, and closing arguments are being submitted).
Dear Family, Friends, Supporters, and Well Wishers,
For the most part, I have remained silent with the public for the past 3 years. I have noticed the volume of letters I have been receiving has sizably reduced. How can I expect letters from you when I have not been replying to yours? I have no explanation except to say that I have my time of emotional and mental challenges, which are very difficult to express in words. I hope you will find it in your heart to forgive me for my absence in responding to your letters; and trust you know how much I truly appreciate your letters, visits, texts/photos/videos if you’re connected to my tablet, your letters of support and your well-wishes.
Please allow me to bring you up to date on the logistics, not the substances, of my legal case. As you may know, I was falsely accused in February 2004, and was wrongfully convicted in the State court of numerous counts of improper sexual contact with my teenage adopted daughter in June 2009. The first avenue of relief is through a direct appeal to the State courts. I appealed my conviction immediately and hired an appellate attorney in 2010. As you may also know, a direct appeal is limited to presenting issues which appear on the trial record. Meaning, I can only raise issues involving the evidence that was admitted at trial (or excluded), or the instructions given to the jury. But if there are issues which depend on evidence which are not yet in the record, they cannot be raised on direct appeal. Instead, those types of issues must be presented in State Writ of Habeas Corpus. For example, if my trial lawyer failed to present certain witnesses or evidences at trial, those are issues that would have to be presented in Habeas proceedings so the new evidence from these witnesses could finally be presented. Or, if the prosecutor suppressed evidence that was favorable to me, those too are issues that would have to be presented in Habeas proceedings so that the new evidence could be presented.
After the court of appeal upheld my conviction in January 2017, I retained a new Habeas attorney in April 2017, and further investigation into my case began in November 2017. My attorney filed a Habeas petition in July 2018 with the same superior court where I was convicted nine years prior. After filing several briefs and motions by both parties, an evidentiary hearing was granted, which began with our first expert witness testifying in July 2019. I was told less than 6% of the cases are granted evidentiary hearing nationwide. Evidentiary hearing is like a mini trial where a judge decides the outcome rather than the jury. State judges are extremely reluctant to grant relief on Habeas because it questions and goes against the decisions made not only of the jury who had already found me guilty; but also, the State’s appeal court’s, who upheld the conviction on direct appeal. However, mistakes in the criminal justice system are sometimes made. And when they are, Habeas is available to correct them. After 5 years into the evidentiary hearing, with ten witnesses testifying, numerous delays due to the Covid pandemic, testimonies from overseas witnesses, changes in assigned district attorneys and hiring my new evidentiary hearing attorney, we have concluded with all the witnesses’ testimonies. In the next several months, both sides will be filing their closing briefs. It looks like we will finally have the Judge’s ruling by spring 2025. The Honorable Judge will either grant my relief (a possible new trial) or deny my petition. By then, it will be almost 16 years of my imprisonment for a crime I never committed.
Revisiting the details of the wrong done to me when I read through all of my documents is painful but necessary. I’ve heard it said, “Innocent men often have the strongest conviction, for they have nothing to hide.” I know this is true for me. I’ve also heard that the hardest kind of evil to deal with is being falsely accused. I earnestly agree, especially the kind that I have been falsely accused of. My family and I have been forever harmed by its destruction. I can choose to give up or to persevere. Because Hope and Faith is a choice, I will persist and endure. I will choose Love and Compassion. I ask for your prayers for my immediate relief; that I’m granted justice and freedom. That my family and I are given assurance in the hope and faith we have as we continue to go through this hardship. Please pray too for my attorney to fiercely battle in court for me; that she will have an unshakable conviction to prove my innocence that will lead to my exoneration. That she will shine the light on the truth – words spoken by the witnesses, and on the evidences that the State tries so hard to deflect. Let mercy rise and save even when all hope seems lost.
One of my heroes is Nelson Mandela. It was written that “he considered his time in prison as the turning point of his life. The importance of his story was not the event of going to prison, but it was his reflection and processing of the experience. Most examples of prisoners sentenced to lengthy prison terms end up feeling victimized and vengeful. Others become depressed and defeated. Relatively few emerge as more thoughtful individuals who exert a positive influence in the world. Mandela was not at all typical. Rather than let the experience of his tiny cells discourage or embitter him, he was able to turn it positive.” Mandela inspires me. I hope I can follow his legacy even in the slightest way as defined by his character, willingness, dedication, and commitment in fighting for his freedom. As a certified literacy mentor, I teach GED and some college level mathematics to fellow prisoners. When students come to me with their smiles and hugs of gratitude after they have earned their GED credentials – a step closer in earning their college degree, it is one of the greatest rewarding experiences in my life. I hope the overflow of Mandela’s inspiration on me will be contagious to those who recognize it.
My sons who are now attending high school will soon be 15 and 17 years old. They are no longer little boys but young men who tower over their dad. Like Mandela, I try to be an active father from prison, but often fall short. Their happiness, safety and well-being are the utmost importance to me. I want to be present in every aspect of their lives, to guide them into manhood. Mostly, I want them to genuinely be curious about their Dad as I am in them; to know and to be known.
As I close this letter I can’t help but see many of your faces. I have missed you. I hope you welcome my presence through this letter into your hearts. And in the spirit of the Holiday season, I wish you and your families Love, Hope and Peace. I pray you have not forgotten me and will once again hear from you in 2025.
