In front of Department 3 – Vanguard with Counsel Jennifer Mouzis, Peggy Dev, Sanjay Dev and Ajay’s parents.
By David GreenwaldMay 23, 20252 comments
WOODLAND, CA – One week after Judge Janene Beronio overturned the conviction, on Friday morning she granted Ajay Dev release on his own recognizance (OR), overruling the Yolo County District Attorney’s request to set bail at $500,000.
Dev, who appeared in court in custody for the first time in 16 years, is expected to walk free later today.
Just one week earlier, Judge Beronio granted Dev’s habeas petition—concluding that there is a “strong likelihood” he is actually innocent of the charges that sent him to prison in 2009. Dev was convicted on 76 counts of sexual assault against his adopted daughter and sentenced to an astonishing 378 years and four months in prison.
The decision to grant release without bail marks a dramatic shift in the trajectory of the case. Dev’s attorney, Jennifer Mouzis, emphasized that the circumstances have fundamentally changed since 2009.
“I have read the court material for seven years and believe there is a substantial likelihood that he didn’t do this.” – Judge Janene Beronio
“He is not a flight risk. He is not a safety risk,” Mouzis told the court. She pointed out that Dev had no prior criminal record before this case and has maintained a spotless disciplinary record over his 16 years of incarceration. “He has served as a math teacher in prison and has helped other incarcerated students earn their degrees.”
Mouzis underscored the unwavering commitment of Dev’s family, who have reportedly invested at least $1.6 million into his defense over the years.
“They have not run from justice,” Mouzis said. “They are running to justice.”
She explained that the family home—now housing three generations—is not yet eligible for a property bond because it will take weeks to finalize an appraisal, highlighting the practical barriers to setting traditional bail.
The Yolo County District Attorney’s office took a sharply different position. Citing the original charges and claiming Dev remains a risk to the community, the prosecution asked the court to reinstate the 2009 bail amount of $500,000.
But Judge Beronio challenged that rationale.
“The bail schedule for this is $60,000,” she noted, questioning why the DA was requesting a significantly higher amount.
Beronio then delivered a pointed defense of her earlier ruling.
“I have read the court material for seven years and believe there is a substantial likelihood that he didn’t do this,” she said. “I don’t think $60,000 is reasonable… I think OR is reasonable.”
The DA responded by reading a victim impact statement from Sapna Dev, who continues to maintain that her allegations were truthful. The statement accused the Dev family of using their influence in Nepal to challenge her claims.
When it became clear that Judge Beronio would not grant bail, the prosecution shifted to asking for restrictions on Dev’s release. They requested that his passport be withheld, that he not be allowed to leave California, and that a protective order be issued prohibiting contact with Sapna Dev.
Judge Beronio agreed to some of these conditions, but pushed back firmly on others.
The prosecution further attempted to have Dev’s sex offender registration status maintained—despite the habeas ruling and lack of any other criminal history. Judge Beronio rejected the request outright.
“He has no criminal record,” she said. “He should not remain on the sex offender registry.”
The judge also denied the DA’s request to prohibit Dev from contact with minors.
The DA also attempted to put a gag order on Dev talking to the media—but Beronio denied that motion as well.
Finally, Beronio acknowledged that the Attorney General’s office—rather than the local DA—has the authority to appeal her ruling. But she expressed confidence that her decision would be upheld.
The case is not yet over. The District Attorney’s office has indicated it plans to retry Dev. A trial setting conference is scheduled for June 13 in Department 7, before Judge Richardson.
For now, however, Ajay Dev is poised to return home for the first time in over a decade and a half—free, pending further proceedings.
