![Dev-Ajay](https://davisvanguard.org/wp-content/uploads/2014/08/Dev-Ajay.jpg)
by Ajay Dev
As I write to you it has been exactly 5 years ago to the day since I was sentenced to 378 years for a heinous crime I did not commit. I am still imprisoned in spite of my actual innocence and awaiting my appeal. The process of appeal is long and daunting. Yet, I am thankful always for all of you who remember and believe in my innocence, and your acts of loyalty to truth, justice and overturning a wrongful conviction. I continue to be in need of your support and assistance in order to successfully obtain justice and freedom.
Like many of you, I love my family very much. I have a loving wife and two growing boys. Since 2009, I have been denied these relationships. I have been denied the right to see or hear both of my sons other than through thick plastic windows, or by telephone. It’s devastating for me to imagine that I may never again be able to hug my children or be there for them as they grow up and experience all that life has to offer. They constantly ask me when will I come home so I can play with them, go to the park with them, read to them, teach them soccer and how to play drums. Just the thought of not being able to be there for my family, as most husbands and fathers are, tears at my heart. Each time I do see them through those thick windows, even without words being spoken, their faces, most especially their eyes, continue to ask me, “Why?” They reveal an equally undeserved loss.
My wife shares with me that our children are asking questions about what has happened to me. They understand that I am in prison. We have explained that someone told a lie about me and we are trying to use our good words to explain to the judges that the lie was not true, so I can come home and be with them. But how can I or my wife explain to a 4 and 6 year old that a DA lied in court stating that I admitted to a crime, in a note that did not even exist (prosecutorial misconduct); or that the DA and judge in my trial would not allow evidence that would prove I was innocent and show the accuser’s motivation to lie; or that the police officer didn’t even interview our family, our neighbors or her friends, teachers, and doctors to verify her accusations; or that the judge allowed the accuser to be the translator of the pretext call.
We, as a society teach our children to trust police, DAs and judges. We hold judges, DAs and police on a pedestal because they are supposed to be our protectors in every way. Our legal system is the process that they will learn about in school. We have trials to get to the truth of what two or more parties are claiming happened. It is more than disheartening, more than a tragedy that I have been exposed to the horrific problems in the legal system that are so nonchalantly swept aside by society in general.
How am I supposed to explain this to my children?
How am I supposed to protect my children?
This is a conundrum I never in my life thought I would have to face. Unfortunately, I and my family have had a rude awakening to the nightmare of the legal system. We understand that people are people and everyone makes mistakes, sometimes people will hurt you on purpose and sometimes by misguided belief or mistake. I don’t know which of these led the trial judge or DA in my case to do what they have, but they certainly were very misguided. We need to correct the imbalance in the system, so that our children, my children, can grow up with the faith and belief that they can trust in the legal system and its practitioners.
I could go on about how many innocent people have been wrongfully convicted and swept up in the problems of a broken legal system, stuck in prison without the ability to meaningfully appeal, suffice it to say it is far more than I ever realized. However, I know most of you are interested in my personal story. In Nepal at the time I chose to help the accuser, women did not have as many opportunities as men. I wanted to promote women’s rights in Nepal, which is why my wife and I chose to help a girl advance her career and her future opportunities.
In a country that still practices dowry, neither my father, my brother nor I have taken dowry. My mother was college educated, receiving her Master’s Degree and taught at a University in Nepal at a time when most women didn’t work or go to college.
I have always been a strong advocate for women’s rights. In college I advocated for and participated in marches for “Take Back the Night,” which was a movement to end violence against women. I tell you this to explain that I would never hurt a woman, child or anyone at all, let alone in the unthinkable manner of the accusations laid against me. And before this dark day I have had a clean record, never even being accused, let alone convicted, of any crime.
The tragedy in my life is the result of my wife and I wanting to help a teenage girl from Nepal to have, what we believed would be a better opportunity for her; a chance to have a college education, and to live and work in America – “The American Dream.” Our adopted daughter came to the U.S. in January 1999 and lived with us for the next 5 years. For the first 3 years, everything was normal.We experienced the typical challenges of raising a teenager which were a bit more complicated since we were also inexperienced parents.
She quickly adapted to the American culture and made many friends. We were so thrilled to be able to see her adapt so well and felt so fortunate to have her be like a daughter to us. We hosted her 16th, 17th and 18th birthday parties with many of her friends. We also hosted many gatherings from small family get-togethers to parties of 100 or more.We took her to many places around the U.S. for sightseeing, including taking her and one of her girlfriends to Hawaii. She traveled by herself to visit family in Connecticut. We even took her to Nepal to visit her biological family in 2003.
She had her own personal computer, email account, a cell phone and calling card to stay in contact with her family in Nepal. Unfortunately, the problems began when my adopted daughter’s priorities changed. Her focus was not her career or her future. In fact, she even admitted in a 2004 email to her biological father that the problems began in 2002 when she started to hang out with one of her friends.
The problem escalated after she turned 18 and started college. She began losing much of her Nepali way, her social life became more important than her college career. We intervened trying desperately to bring her back to focus. Even to the point of contacting her boyfriend which didn’t go well. The day after her boyfriend broke-up with her, she went to the Davis Police Department to make her unbelievable, disturbing accusation against me.
When looking back on these events in an effort on my part to try and understand why our adopted daughter, who we loved and cared for just as if she were our own biological daughter, would create such an unbelievable story of sexual abuse, I realized that she could not have known or even imagined the gravity of her initial accusations and the full measure of devastation that her false claims would bring upon me and our immediate family.
Despite the fact that people convicted of this type of crime are told not to talk to the public, or not to let other inmates know what you are convicted of because they kill child molesters, I have chosen to go public because I am confident the truth will reveal my innocence. I know this is a personal risk, but it is one I am willing to take. I allowed that the briefs in my case be put on a website for all to review. It can be accessed on the website www.SeekingJusticeForTheInnocent.com. Within my appellate briefs, we documented the facts of what happened and exposed many of the State’s erroneous findings against me. It reveals precisely how unjust my situation truly is. I respectfully ask that you and all others please take the time to review it in its entirety. Not merely for my sake, but for the sake of justice for everyone. The briefs will also provide details of the case and answer many of the questions you may have that I cannot fully explain in this letter.
I am doing my best to retain who I am in spite of this nightmare and trying to make the best of the situation. I work for the Principal of our Education Department that oversees all the Educational Programs in the prison. Additionally, I have been teaching an Express Math class every Friday from 11 am to 1 pm. The class is geared to help the students pass the GED exam. I am also trying to get a second class approved that would teach College Math for those trying to obtain their AA degree. In my free time, I listen to Reggae music while getting ready for work each day and while I walk the make shift track in our yard. At night I try to relax while playing Sudoku, writing letters or watching television.
After having endured five years of wrongful imprisonment, I’m better able to understand how life’s fulfillment truly emerges from ones individual participation in it and in the overall service of human ideals. I’ve always tried my very best to aim for the fullest possible development of our potential and to animate my own life and the lives of my family with a deep sense of purpose, finding wonder and awe in the joy and beauties of being a husband and father. I guess it’s true when one says, “You never truly know what you have until it’s gone.” I know this now with even more recognition.
I am, of course, very concerned about my present situation and even more so about the welfare of my immediate family. However, I’m not writing this request and admonition solely for me. I see much further than myself in this instance and now have an immediate concern for the well-being of all people out there who don’t yet know what I now do about our present legal system. I realize we’re all committed to diversity, and I respect those of differing yet humane views. But in addition to all that, I suggest that we all must still work to uphold the equal enjoyment of human rights and civil liberties for all and participate in the democratic process to protect each other as members of a family of citizens from all wrongful prosecutions and fully preserve the integrity of our overall right to be free in a secure sustainable manner.
If we stand back and allow anyone, even if it’s only one of us to be wrongfully convicted and swept under the table, it will continue to shatter the protective freedoms that our forefathers fought so hard to create and die for. With it widely being known that our incarceration rate is the highest in the world, freedom for all is no longer what this country of ours is known for around the world. Viktor E. Frankl, a Jewish immigrant who miraculously survived the German death camps, wrote a brief message in his book titled, “Man’s Search for Meaning,” to people around the world who knew what was happening but chose to do nothing that I believe is relevant today. Frankel wrote, “To turn away is to condone.”
I am confident and do believe that the greatest good will ultimately come from and through the united wisdom of people like you. Positive change will come only through wisdom followed by action. It is truly our most precious remaining blessing. From it springs all other virtues for it teaches that we cannot live truthfully without living wisely, honorably, and justly. Nor could we live wisely, honorably and justly without living truthfully.
I genuinely offer my heartfelt thanks and sincere appreciation to all who have and still are conscientiously taking the time from their own lives to help straighten out and correct this terrible injustice, including of course, each and every person among the hundreds who showed their support by attending the past six marches and most recently the vigil held last April for me just outside the Third District Court of Appeals in Sacramento. I think of you all as a family.
With best wishes for the welfare and happiness of all people here living in a country where justice and the true nature of what’s right no longer has to be blind.
Ajay Dev was sentenced to 378 years in prison on August 7, 2009. Numerous community and families members believe he was wrongfully convicted. His conviction is in on appeal at this time.
Thanks again, David, for posting this latest letter from Ajay. I continue to pray daily for his complete exoneration and release through the appeal process which is underway.
It is amazing to read such a letter from someone who has been incarcerated for five years for a crime he did not commit such as this. This letter, for me, gives profound insight as to the person Ajay Dev is. There is no bitterness or self pity. He even rationalizes that the person who accused him likely did not intend to harm him and his family in such a devastating manner. I don’t know that I could do the same if I were in his shoes. In his own words, he has shown himself to be a man of character. I would love to see more of his letters to hear his side of the story in his words. Not what anyone else says he meant or didn’t mean to do or say. He did not testify, which is a shame. Judging by this letter, if he could have told his side of the story, there may have been a different conclusion to this case.
Also, thank you David for posting this. I’ve never really seen any other media willing to print an inmate’s letter. Most are only interested AFTER they have been exonerated. I hope his appeal is successful.
I am a friend of the accuser. I used to be, in fact quite a few of her old friends don’t want anything to do with her as she has known to be untrustworthy. When we were alone together, I never heard or saw from her even remotely of her alleged abuse by Ajay. In contrast I heard her praising Ajay by saying he was a great dad. I even went to few Nepali festivals with her and she performed dances so happily and enjoyed. She always seemed very happy to be here and even made remarks quire often how she could never go back and live in Nepal. I always heard her praise how Ajay and Peggy has been instrumental in her life. As I read this letter, I completely agree with Ajay that things started changing as she turned 18, mainly due to her association with one of her friends (she is pretty much the only friend she has now from Davis). I went to Halloween parties, Birthday parties, gatherings at their house and I never witnessed anything wrong but pure happiness that they shared.
Gurdot: Thank you so much for posting–especially since you were friends with the accuser. Your perspective is very important to hear. I hope more people that knew the accuser will also post their observations.
Ajay was wrongfully convicted, and we need to hear from more people that knew Ajay, the accuser or both. The investigator did not question friends, neighbors, boyfriends, teachers or family. He took her word without any verification of a crime ever occurring. Even her doctor and social worker saw no signs of abuse.
Reading Ajay’s letter is heartbreaking, but reading the comment from gurdot is very unsettling. If the girl’s own friends didn’t believe her accusations and consider her untrustworthy, it must be that the jurors didn’t get the full story during the trial. It has been suggested the prosecutor committed misconduct and the judge didn’t allow important evidence at the trial, what a travesty. Too many innocent people are behind bars.
I think it is apparent from the fact that the accuser was allowed to serve as the sole interpreter of the pretext phone conversation, that the jurors were not allowed to hear “the full story”.
Regardless of what other evidence may or may not have been presented, the fact that the interpretation was not done by a neutral party is cause enough in my opinion to warrant a new trial.
Amazing. What I find so amazing is that as time goes by and more and more things come out, they ALL favor Ajay’s innocence. I hope that others, like Gurdot, have the courage to come forward and share what they know.
What a tragedy!
Given the earnest tone and temperament of Mr. Dev’s latest epistolary communication, regarding his mendacious prosecution (persecution?) and subsequent incarceration for the past five years specific to alleged crimes he emphatically did not commit; the Advocates for Ajay can take solace in knowing that he has courageously and righteously retained his dignity and above all his profound sense of justice and human decency, in the face of such legal delinquency and moral turpitude perpetrated by the Yolo County DA , on behalf of a pathological prevaricator.
Is there some reason NOT to name the judge and the DA?
Once again, my friend who is a lawyer states emphatically that she and the other lawyers she knows would do anything in their power to avoid having any decision that involves them personally made by the courts. For people who work in the legal system to have that level of distrust of the outcome of legal actions speaks volumes.
When one is charged with a crime the verdict can be guilty or not guilty. One is never found innocent. And regardless of innocence, when one is found guilty by the courts, one IS guilty. The only recourse is to find errors in the proceedings that found you guilty or produce new evidence. This is personal end of the judicial system that tells us corporations are people. When the highest court is corrupt, can we expect more of the lower courts?
Here are the names.
Judge Timothy Fall
Deputy District Attorney Steve Mount
Investigator Mark Hermann
Understanding the personal trauma and what happens on a human level is so very important. In the news we often hear that someone was wrongfully convicted, but we don’t really know what it means. To say it has not been easy for my husband or our family is an understatement and we are not alone. Ajay coming forward in his letters to help us understand the human tragedy is something we rarely get to see and reveals his true character. Unfortunately, there is so much callousness when it comes to the legal system and especially after someone has been convicted. It is appalling. At present it seems no one is properly served. Those who are true victims and those who are wrongly accused – we need a better truth seeking system. Restorative Justice is one good approach because it involves everyone on a personal and human level.
No one in the judicial system is after the truth!Unfortunately the system we have does not take into account that someone is innocent of the accused crime.
Everything is stacked against you; the prosecutor has a limitless amount of money, they routinely try cases in front of the same set of judges, there is rarely no repercussion if they lie or cheat to get a guilty verdict, they can continue to retry you if the jury is hung,
If your defense attorney is busy with another case-too bad for you, if they use their own strategy (without your consent)-too bad for you, if they don’t ask the correct questions of witnesses-too bad for you, if they don’t object at the right time or state the correct reason-too bad for you.
Yes, but restorative justice, at this time, is only used for minor infractions when it needs to be used for crimes (or accusations of) crimes like this.
Ajay is a true advocate for himself and others. His letter shows his bravery and strength. We can only hope that this is the last letter he will have to write on behalf of this situation.
Thank you David for continuing to post information about Ajay and his case!
How many people who have sat on a jury have been to prison to see what happens – very few, if any. Jurors, judges, prosecution and defense attorneys, politicians and anyone involved in the criminal system should have to go visit the prisons, talk to inmates and their families because no one truly understands what they are doing to people.
“We, as a society teach our children to trust police, DAs and judges. We hold judges, DAs and police on a pedestal because they are supposed to be our protectors in every way.”
And tragically part of the human condition is to be amnesiac, or fully deaf to adversity. But when we can’t make these mental separations, when the presence of adversity is too physical, too real, we often turn to the police, or judicial figures, or the DA to handle these issue for us; the path of least resistance.
On an aggregate level these institutions do things like push hard ghetto and rough project occupants farther away from desirable neighborhoods (causing great discord), or by simply making incarceration easier. Instead of pinpointing direct issues, we are OK casting these wide nets of “justice”, and care little for the collateral damage.
But it is truly a tragedy that after all this we still wonder how or why things have gotten so badly.
Don’t worry, I suppose we can simply block this too from our minds.
Ajay, I am truly sorry you are the victim of a system that has atrophied from neglect and apathy. It is my hope that from focus and sympathy we can help to redress at least your wrongful conviction.
I think I know who Mr. Dev is as I visit Mule Creek often to see my uncle. I have always seen him surrounded by family and friends. My uncle tells me that he is one of the most respected human beings inside and that not just many inmates believe him to be innocent but also quite a few guards feel the same. There is an inmate at Mule Creek State Prison, Terrance Prince, who had his sentenced vacated in 2013 after serving 33 years in prison. The tragedy is he is still sitting in prison more than 1 year later, even though his sentence was vacated because the prosecutor is appealing the decision. This is tragic. Where is the presumption of innocence? If his sentence was vacated that means he is not guilty. Our system is founded on the premise of Innocent until proven guilty. Unfortunately, this is not the reality of the system.
A man is still in prison, even though his sentence was vacated over a year ago? This is so wrong. My understanding is vacating a sentence is basically exoneration. The conviction never happened. So, after 33 years in prison for a crime he didn’t do, a man is still sitting there waiting for lawyers and judges to decide what to do next. Really?! Enough time has been stolen from Mr. Prince. Let the man go home. This is a travesty.
I have met Terrance Prince and his wife. They are very nice and humble people. It has been so difficult for us to suffer 5 years of wrongful conviction. I cannot even imagine what Mr. Prince and his wife have endured. When I learned that his conviction was vacated and he is still in prison, I can’t help but cry out to the continual injustice Mr. Prince and his family has to suffer.
Ajay wrote about mistakes being swept under the table and forgotten. Those mistakes are people. Some people callously say well we get it right most of the time. How do you know that? According to the USDOJ 8-12% of all inmates in all US prisons are factually innocent. That is more than 140,000 mistakes swept under the table. Would you like to be the one that slipped through the cracks? When it is your life you feel the pain.
Amazingly, even after having endured more than 33 years of wrongful conviction, Terrance Prince is not a bitter man. We, the people, have taken too much from him and his family. He needs to go home.
Ajay was my co-worker and I remember seeing his adopted daughter, now his accuser, visit his office several times where she met many of Ajay’s co-workers and friends. She even attended one of our office picnics. During those times I saw a father-daughter relationship that was pleasant and comfortable. I also know that Ajay and his wife Peggy hosted many parties at their home which I was often invited to but was never able to attend. After the false accusation, several co-workers who attended the parties mentioned to me how they just couldn’t believe the accusation. What they witnessed at these parties was a happy girl who was dancing, laughing and having a good time with her family and friends. To this day, many of us still can’t believe this happened to one of the most decent and humble person we know.
To Ajay: Stay strong and courageous. Your day will come.
To Peggy: You are the rock holding Ajay and your family together. May you find strength and comfort from those who believe in you and Ajay.
I don’t know how you live through each day but you both have my admiration.
David: Thank you for posting Ajay’s letter. Please continue updating us about Ajay’s story and appeal.
The judge in a trial makes a definite difference! The judges rules on motions to let in or keep out
evidence; he/she enforces or chooses not to enforce the rules on motions to let in or keep out
evidence; he/she determines whether you will get enough time to prepare properly for trial;
The judge also decides how jury selection will run; he or she rules on objections during trial and
determines what instructions the jury will get before deliberations; most important, the judge
creates the courtroom atmosphere – juries look to the judge for guidance.
Not allowing the Nepali docs or the email that showed Ajay was at work when porn was being
viewed reduces the truth seeking forum of a trial to a one-sided masquerade not worth of a
state of law.
Ruben Carter was falsely accused of a murder and wrongly imprisoned for almost 20 years,
outrage was subtle; our media barely covered it! Most people learned of Mr. Carter’s wrongful
conviction only after the movie “Hurricane” came out. Does the media down play wrongful
convictions or the possibility of a wrongful conviction? Why do politicians, including sheriffs
and District Attorneys use fear campaigns when running for office? The media and political
campaigns perpetuate problems in the legal system because they give the public very slanted
and misleading information.
Thank you David and the Vanguard for continued information on Ajay’s case. I pray that the Appellate judges restore my faith in our judicial system.
Has anyone shown the translation to be inaccurate?
Yes – the appellate brief shows it to be inaccurate. Moreover, it shows that the trial judge erred in how the evidence was allowed to get to the jury by allowing the alleged victim herself act as translator in violation of state law.
Yes. There was another translator, Aryal, who disputed her translation. Unfortunately, the jurors saw Aryal’s translation where the accuser crossed out some of his translation, and she inserted her own words. The accuser inserted an admission of guilt in a section where it was inaudible except where you could hear a hard “K” sound.
Aryal explained that there are no words in Nepali that started with a K sound that could be a word for sex. He said her translation was impossible. The accuser basically took advantage of an inaudible space in the tape to put in what she wanted.
There were very significant events that led up to her allegations. First there is the well documented deterioration of the family relations. The many e-mails between the accuser, Peggy, Ajay and her biological father confirm this. Prior to the allegation, and immediately following the accusation that they physically abused (hit) her, she learned that Peggy and Ajay had made changes to their will. Two witnesses testified to this, a lawyer friend and her Aunt. Shortly afterward, she blamed Ajay for the interference between her and a boyfriend who broke up with her. The day after the breakup she went to the police and formally made the allegations of sexual abuse. Emails between her, the boyfriend and Ajay, and the date of initial complaint confirm this fact.
This behavior is no different than what I witnessed from her. She had a history of escalating behavior. The harder Peggy and Ajay tried to parent her and steer her toward her education goals and cultural values, the more rebellious she became.
There was one family member who saw her character from the first time they met (immediately after she arrived). He refused to have anything to do with her (other than social pleasantries) because as he said, “She is not who you think she is. She behaves one way around adults and all of you, and she is somebody else outside of your company.” He did not want to be in her company without the presence of adults.
Although the problems did not “escalate” until she was 18 (she felt she could do whatever she wanted at that time even though she had accepted the invitation to come here to further her education and be raised in the Nepali culture as recorded in her own words through emails), and clearly she was not interested in pursuing those agreed upon goals, it was clear to at least this member of the family that she could not be trusted, even from the time she arrived.
The fact that not one family member or family friend testified for the prosecution on her behalf (and the family/friends were extensive) would have really made me wonder why if I was on the jury. ESPECIALLY given the fact that most of the family witnesses were not even related to Ajay. There were two of her friends that testified for the prosecution: One was a boyfriend who admitted to having sexual relations with her even though she testified that she did not have any sexual relations with anyone other than Ajay, and the other was a new acquaintance who barely knew her and did not know Ajay, Peggy or any of the family history.
This case is replete with glaring inconsistencies. It is more than a tragedy. It is a spotlight shining directly on our broken judicial system. It takes courage to speak out against any institution, let alone the judicial system whose participants exercise the greatest power over individuals. Ajay, David and all of the Advocates For Ajay have shown remarkable courage, strength and fortitude in speaking out for what they believe, educating the public, and trying to help others in similar situations.
In the past I have heard people say that only Ajay and his accuser know the truth and that Ajay’s case is a he said/she said case. This is not entirely true. The accuser, my adopted daughter, accused that rapes happened in the presence of other people. We, the other people, know – not believe – we know those incidents did not happen.
She said Ajay raped her while I slept in the same bed. I know this did not happen. She said she was raped at Ajay’s brother’s house. She never slept at his house, to which his ex-wire testified. She claimed she was raped in the presence of my nephews, which they say did not happen. All are people who are not Ajay’s immediate family and would never want a monster that she describes in our life and would not help someone like that.
In the nightmare and devastation that has ensued, it is a weird twist of irony that I thank her for these wild accusations, as they have allowed me and the other supposed witnesses to absolutely know she is lying.
So this is a she said/they said.
In most cases if there were corroborating witnesses with first-hand knowledge against a defendant, he/she would be found guilty. Here we have corroborating witnesses with first-hand knowledge testifying that these crimes never happened, and the defendant is still found guilty. Why???
I can see how difficult it must be when you know something is absolutely untrue, and yet Ajay has been given a life sentence for a crime you know never took place.
Peggy Dev
” they have allowed me and the other supposed witnesses to absolutely know she is lying.”
This is a truly important point. Too often when accusations of a sexual nature are made, there is enough doubt planted in the minds of friends and family members to forever alter their relations with the accused regardless of innocence. I am very glad that you, your family and friends, and most particularly Ajay have the comfort of not having these doubts hanging over your lives. I wish you all the best.
I think the lesson most people would take from this case is never take a minor child into your house. Don’t become a foster parent, don’t agree to help a relative with a difficult child or even a non difficult child. If your spouse has children who come to visit, protect yourself. Don’t let your teenage kids work as babysitters and same goes for the adults. Between the last person in charge of a child being the suspect if injuries show up and the chance of being accused of inappropriate behavior, one should not be alone with a child, ever.
It may take a village to raise a child but the village won’t show up with a legal system like ours.