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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/

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:

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.

Read more...

Vanguard Analysis Part III: Commentary: Dev Appellate Brief Puts Forth Strong Evidence of Unfair Trial

Thursday, March 28 Davis, CA. The Davis Vanguard's Commentary on Ajay Dev's appeal:

"I was not always sold on the innocence of Ajay Dev.  It was the summer of 2009 when I received an email from Mr. Dev's sister-in-law about the case.  Mr. Dev had just been convicted, and he had not yet been sentenced to the stunning 378-year sentence.

Little did I realize that this would be a pivotal moment in my life, as I headed out to the Roseville home of the Devs and heard their story.  I didn't know what to think, I had not seen the case, had not heard the evidence, and I was in a position of having to take their word for it.

My eyes opened for the first time when Mr. Dev was sentenced to a 378-year term.  There are a lot of murderers who won't serve even a fraction of that time.

Read more...

Vanguard Analysis Part II: Ajay Dev's Appeal, Legal Arguments

Tuesday, March 26 Davis, CA. The Davis Vanguard a news agency covering local issues in Yolo County & Davis has released the second in a series of three articles on Ajay Dev's Case and his appeal.

"[Ajay's] appeal attacks both the facts of the case as well as the legal rulings used by Yolo County Judge Timothy Fall that the defense claims denied Ajay Dev of his right to a fair trial.  This includes, most notably, the inclusion of the alleged victim's interpretation of a 50-minute pretext call that meandered between English and Nepali, the judge's failure to properly instruct the jury on the law, and the judge's refusal to allow potentially exculpatory evidence.

This is the second of a three-part series.  The first part, Sunday's article, covers the defense's account of the facts of the case, including critical areas that the defense says the court got wrong in the original 2009 trial.  This second part will cover the defense's legal arguments.  And the third part will analyze the case in full.

Read more...

Vanguard Analysis Part I: Ajay Dev's Appeal

Sunday, March 24 Davis, CA. The Davis Vanguard a news agency covering local issues in Yolo County & Davis has released the first in a series of three articles on Ajay Dev's Case.

"Three years after the conviction of Ajay Dev for the multiple counts of rape of his adoptive daughter and his sentence of 378 years to state prison, he and his attorney have filed their appeal.

Their appeal attacks both the facts of the case as well as the legal rulings used by Yolo County Judge Timothy Fall that the defense claims denied Ajay Dev of his right to a fair trial.  This includes most notably the inclusion of the alleged victim's interpretation of a 50-minute pretext call that meandered between English and Nepalese, the judge's failure to properly instruct the jury on the law, and the judge's refusal to allow potentially exculpatory evidence.

What follows is a three-part series.  The first part, today's article, covers the defense's account of the facts of the case, including critical areas that the court got wrong in the original 2009 trial."

To read the article in full click here.

Third Year Anniversary of Ajay Dev's 378 Year Sentence

Braving the triple-digit August heat of Woodland, 250 protesters  not only listened to an hour of speeches but marched down to the courthouse in a protest that marked the third year anniversary of Ajay Dev's conviction... read the full article.

250 People Rally on 3rd Anniversary of the Wrongful Conviction of Ajay Dev

August 8, 2012 a rally for Ajay Dev was held in Woodland, California. Despite the over 100 degree heat, about 250 people attended the rally. A majority of people came from Davis, Woodland, and the Sacramento area.

Read more...

Sunday Commentary: Our Jury System, Innocence and Ajay Dev

Below is a quote from a commentary regarding the jury system in the Davis Vanguard.

"...We like to believe that juries are sacrosanct and that the process works, but we still end up with innocent people put behind bars for years based on all sorts of flaws - some, such as in the case just mentioned, intentional, others unintentional.

So, when I hear things like the juror decided he was guilty based on his response to some pretext question - which does not even take into account potential cultural reactions to discussion of sex - it concerns me."  

Click here to read the full commentary.


Large Crowd Marks Second Anniversary of Ajay Dev's Conviction and 378 Year Sentence

"It has been two years now since Ajay Dev was convicted of raping his adopted daughter over 750 times over a five-year period and sentenced to 378 years in prison.  Since that time, family and friends have worked tirelessly to prove his innocence.

Usually, when activists will hold a protest, the first turnout is relatively large but the numbers decrease steadily over subsequent protests.  That has not been the case here.  If anything, two years after the verdict, we see more outpouring of support, and by all accounts this may have been their largest protest ever with between 250 and 300 people in attendance."

To read the full article on the Davis Vanguard click here.

 

Family, Friends Rally In Support Of Convicted Rapist

Mike Dello Stritto reports from CBS News - Dozens rallied in Woodland in support of a man who they say was wrongfully convicted of rape. Watch the news report.

Daily Democrat Double Standard in Covering Press Releases Continues

"Coverage of Ajay Dev March Differs Markedly From Verbatim Stories For DA's Press Releases

Those who were around probably remember the sob story from Daily Democrat Jim Smith, who suddenly found himself and his paper under fire when they decided to run verbatim a press release that, at best, distorted a court case and, at worst, outright deceived the public."

To read the full article in the Davis Vanguard, an investigative reporters blog, click here.

Family and Supporters Gather in the Park For One Year Anniversary of Ajay Dev Conviction

"It has been a year since a Yolo County Jury Convicted Ajay Dev of multiple counts of rape of his adopted daughter.  He would in August be sentenced to 378 years in prison.  The family continues to maintain his innocence, and  to bring up  evidence that the multiple incidents of rape did not occur.  Many people continue to offer general support to the family.

In a letter to family, friends, and well wishers, Ajay Dev said, "This June 25, 2010 marks one year since the worst miscarriage of justice that has occurred against me and my family. It has been tremendously difficult as the wounds of betrayal, injustice and the loss of my freedom are still very fresh.""

Click here to read the full article in the Vanguard Court Watch of Yolo County.

Hundreds March in Davis For Ajay Dev

"Over 150 people gathered in Davis on Saturday morning and marched from the train station over to the Davis Farmer's Market where they gathered in the park and addressed a large contingency and hoped that the nearby shoppers going about their business on a Saturday morning would be educated on what they see as a corruption in the Yolo County Judicial System." Click here to read the full article on the Vanguard Court Watch of Yolo County.

October 7, 2009: Radio Interview on KDRT

The 2nd radio interview on KDRT by David Greenwald with Reverand Odeye and Albert Bifarelli regarding Ajay Dev's case, highlighting key points in the case and trial. If you missed the live show you can click here to listen to a recording of the show.

September 9, 2009: Radio Interview on KDRT

Radio Show Interview by David Greenwald of the Davis Vanguard with Reverand Odeye and Albert Bifarelli regarding Ajay Dev's case. Click here to listen.