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Ajay Dev Continues The Fight

In Third District’s Appellate decision regarding Ajay Dev’s case, the opinion was not based on correct facts.  In response, our appellate lawyer, Lauren Eskenazi, wrote a Petition for Review and pointed out the incorrect facts.  The Appellate Court decided not to grant the Petition for Review, but we wanted to share this document with you because it clearly demonstrates the facts of this case that were overlooked.  For more information, please go to the link below.

Click here for Ajay Dev's Petition For Review

The next step in the process for Ajay Dev’s case is to ask the California Supreme Court to review his case.  It is rare that the California Supreme Court will take up a case, but we are hopeful. Ajay’s new lawyer is Cliff Gardner.   Cliff will represent Ajay in the continuation of the direct appeal as well as Habeas claims (claims and facts that were not part of the original case). If you would like to read Cliff’s request to the California Supreme Court, please go to the link below.

Click here for the request for the California Supreme Court to review the case.

We know Ajay Dev is innocent, and that the 378-year sentence is absolutely ludicrous.  We will keep fighting to bring him home.  We know eventually the truth will come out, but until then, we hope to count on your continued support.

The Davis Vanguard wrote an article analyzing the Third Appellate Court’s Decision and how they just “rubber-stamped” the previous decision.  Follow the link below to read this article.

http://www.davisvanguard.org/2017/01/analysis-3rd-dca-rubber-stamps-dev-conviction/

Message From Ajay Dev October 2016

October 2016

Dear Family, Friends, Well-Wishers and Supporters,

Hello! Sending you and your family my warmers greetings.

As you may know, I was falsely accused, wrongfully convicted and have been imprisoned for the past 7+ years. Some of you have asked me and my family if there is anything you can do for me and for my cause. My biggest court day since my incarceration is on Wednesday, October 19th. I am kindly and earnestly requesting for all of your presence in the courthouse followed with our peaceful march/vigil on that day. People have always come together in times of celebrations such as weddings, birthdays and holidays; and in times of sorrows such as death (funeral) and natural disasters. We come together as one and we should continue to do so. Sometimes tragedy can also happen when a gross miscarriage of justice occurs and a person’s liberty and freedom is stolen. This direct tragedy has come into my life affecting our families and friends in a way words cannot describe. I want to first thank you for everything you have already done for me and continue to do. Your continuous prayers and support over the past seven years are very much appreciated. I continue to hold my faith that you continue to believe in me, believe in my innocence and continue to do everything in your strength and power to get what needs to get done…done. When there are people who say they believe in my case, they believe in me, and they will fight to the very end to bring me home, it gives me legitimate hope. It is my attorney, my legal and public relations team and all of you who give me hope in one way or another.

There are no words to describe the denial of contact visits with my children. I have not held my elder son (8) since he was 15 months old and I have yet to hold my younger son (6). It may be hard for most people to understand the depth of pain…to have someone so near and dear to you and to not even be able to touch them. No amount of legal work can undo the damage caused by my loss of fatherhood. This is what hurts more than anything, even more than going to prison for a crime I never committed. Forget the fact that I didn’t do the crime I am in prison for. I had a child only 15 months old and a wife one month pregnant with our second son! I can’t see my wife when I want; I can’t hold my own children when I want; I can’t be with my parents when I want. I was trying to make a life with my family and it was all taken away just like that.

I was convicted despite the testimony from the accuser’s primary physician and all the medical records which showed no signs of abuse or trauma ever took place; the reports provided by social workers from the adoption agency which performed psychosocial independent study of the accuser showed no signs of any abuse – all were mandatory reporters. Despite the accuser’s credibility herself where the majority of the jury did not believe her; despite her criminal conviction of perjury and fraud, I was still convicted. The accuser was allowed to fraudulently translate the so-called incriminating admission in a recorded phone call over the objection of a certified translator for the defense. The prosecutor was allowed to suppress the exculpatory evidence which would have shown her motive to lie. It’s not evidence by saying “people don’t make up and lie about such things”. False accusations happen more than people realize. Please pray along with me for the appellant judges that they will not be influenced by politics, that they will weigh my case on merits, that they will stay objective, and not jump to conclusions, but consider the facts over emotions. That they will consider every fact, no matter how small or large, if there’s a chance to show that I have been falsely accused and wrongfully convicted, innocent of every charges and received an unfair trial…that they will consider all things.

Your presence at the court house followed with a peaceful march/vigil on October 19th will help to pave the way for so many people who will or have been falsely accused, unjustly convicted, and wrongly imprisoned. It’s bewildering how tragedy brings us on a journey to a place we wouldn’t otherwise ever discover…it’s that place deep inside our inner self where we learn not just about the world but about ourselves. It reminds me that we are amazing divine creatures…eternal beings in this temporary body and world.

I face fear and the unknown every single day – thus making me stronger and more courageous to face the future. I’ve lost practically everything I have worked hard for – a reminder that our God is Sovereign. He alone is in control, bringing me to surrender my life and circumstance to Him. I sought recognition and respect among my people and colleagues. Yet some doubt the truth about me as a person, my integrity and circumstance – making me realize that acceptance for who I am and where I am in life is difficult to obtain. Many have been framed, suffered, and died for the just cause of others. As a people we can learn from the past and come to understand that we are in the struggle together. We have to stand firm through our adversities without ever giving up. Even in our darkest hour we must continue to try life. I am holding October 19th as a good and positive day to come. I plead for your presence on that day. Please make every effort to be there, all of you, to be part of this important movement to fight against injustice, to be a part of this worthy cause and to be part for my justice. Thank you! Be well and take care.

Yours Truly,

Ajay Dev
www.seekingjusticefortheinnocent.com
www.advocatesforajay.com
Facebook: advocatesforajay

Ajay's Appeal Brief

Ajay Dev's Appellant’s Opening Brief (AOB) at the California Third District Court of Appeals has been officially filed. We have posted Ajay’s AOB for those interested in knowing more about his case.  We are confident once you read this brief, you will understand why we feel Ajay Dev is innocent and had an unfair trial.  The brief is divided into two parts.  Part one is the statement of facts – this section provides the facts presented in the trial in a chronological order as to relate what happened. It is supported by testimony and evidence from the trial.  The second part contains the legal arguments regarding errors in the trial and argument as to how those errors led Ajay to have an unfair trial.

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Appellate Oral Arguments On October 19, 2016

Ajay’s case is being heard at the appellate court on Wednesday, October 19th. Please come and show your support!
 
There are two ways to help:
 
1. Attend oral arguments—at 9:30am at the Third appellate court, 914 Capitol Mall, Sacramento, CA .
A maximum of 100 people will be allowed in the court room. You will need to arrive at 9:00am and
dress appropriately for court.
 
2. Attend the outside vigil. We will be standing outside the appellate court with signs during lunch
hours so that appellate judges and sta can see how many people believe in Ajay’s innocence and sup-
port him. We will supply the signs. If you have Advocates for Ajay t-shirts feel free to wear them. We
are hoping to have 200-300 people for the vigil. For the vigil we will meet at 11:00 am the East end of
the Downtown Mall - K Street & 7th Street in Downtown Sacramento. Stepping o for the march at
11:20 am with signs and banners (The march is 4 blocks) and reaching the Appellate Court (9th Street
and Capitol Mall) at 11:40 am. The Vigil will be held from 11:40 am unl 1:00 pm. Then we will march
back.
 
Parking: The Downtown Mall has parking under the mall. Parking is free for 3 hours with a validaon
from the food court when you buy a coee/water or something to eat at one of the restaurants. Other-
wise the cost is $1.25 per half hour. We recommend doing this aer the march/vigil.
Appellate Decision Is Coming Soon

Vigil for Ajay Dev at Sacramento Appellate Court

Sacramento, CA - Friday, April 18th, About 300 people held a vigil in front of the California Third District Appellate Court in support of Ajay Dev where his appeal is being reviewed. Supporters believe Ajay was wrongfully convicted of rape. The alleged victim's medical records, doctor, and adoption social worker all revealed that there was no evidence of rape or other sexual assaults even though she claims the alleged rapes happened approximately every other day for a period of 5 years (over 550 rapes). Ajay was sentenced to 378 years.

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AFA Receives Award

Have you ever come across a case where people were awarded for supporting a convicted rapist who has been sentenced to 378 years?

Of course not! But last night Advocates for Ajay received an award at the Davis Vanguard Awards Ceremony for their efforts to educate the public about the wrongful conviction of Ajay Dev. Over 1,000 people believe Ajay has been wrongfully convicted for the alleged rape of his adopted daughter. The crime of rape usually has no witnesses, they typically are just he said, she said cases. Ajay’s case is different because she claims that some of these rapes happened while other people were present and those people unanimously agree that this never happened.

Advocates for Ajay have marched many times, demonstrated, petitioned, written hundreds of letters and given interviews on radio, TV and in newspapers on his behalf.

The wrongful conviction of Ajay Dev is a tragedy of catastrophic proportions. A young woman from Nepal chose to make false claims against her adopted father, Ajay Dev, in order to stay in the United States. The accuser’s testimony was full of inconsistencies. Her medical records, her doctor, and her adoption social worker all revealed that there was no evidence of rape or other sexual assaults, even though she claims the alleged rapes happened approximately every other day for a period of 5 years (over 750 rapes).  The trial court allowed the accuser to be the translator of a pretext call in which she inserted an alleged admission used to convict Ajay, even though an accredited translator disagreed. Ajay Dev’s appellate lawyer writes in the brief; "In sum, Ajay’s trial was wrought with grievous errors at every stage of the trial – during the presentation of evidence, during closing argument, and during deliberations. That is, at every turn Ajay’s trial was severely compromised."denying him of his Fifth and Fourteenth Amendment rights to a fundamentally fair trial.

The awards ceremony took place at the Senior Center in Davis, CA.  David Greenwald, the founder of the Davis Vanguard opened the event and also gave awards to UC Davis School of Law Prison Law Clinic, Robb Davis (Davis City Councilman), Stewart Katz (attorney), The Davis Phoenix Coalition, and Uniting for Racial Justice.  The keynote speaker was Scott Sanders, Orange County Public Defender.  The night ended with a lively discussion by the panel of: Gabriel “Jack” Chin, UC Davis Law, Deborah Davis, University Nevada-Reno, Lisa Rea, Restorative Justice International and Scott Sanders.

Introduction by David Greenwald:

Acceptance Speech of Patty Pursell on behalf of Advocates for Ajay:

Ajay Dev's Reply Brief Filed in the Appellate Court

Ajay DevAjay Dev's Reply Brief was filed with the California Third District Appellate Court on March 19, 2014. After almost five years, the appeal is finally fully briefed. The next step is for three judges to be assigned his case. After reading all the briefs there will be oral arguments and then a decision. 

The three briefs filed with the court are listed as follows.

  1. Appellant's Reply Brief filed March 19, 2014: To read click here.
  2. Respondent's Brief filed April 30, 2013: We do not have a public copy of the Attorney General's Respondent's Brief. To obtain a public copy go to the Third Appellate District Court in Sacramento (914 Capitol Mall, Sacramento, CA 95814).
  3. Appellant's Opening Brief filed August 3, 2012: To read click here or to view Ajay Dev's Case and Facts Submitted to the Court of Appeal click here.

Below is an excerpt from the Cumulative Error argument in Ajay Dev's Appellant's Reply Brief which summarizes the major errors in Ajay's trial and the harm the cumulative errors caused him. To read Ajay Dev's Appellant's Reply Brief in full click here

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Message From Ajay Dev August 7, 2014


August 7, 2014

Dear Family, Friends, Supporters and Well-Wishers,

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.

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Message From Ajay Dev December 2013

December 2013 Ajay Dev

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.

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