Calif. man's 378-year sentence overturned after judge rules accuser may have made up charges
A Northern California man's 378-year sentence for sexual assault has been overturned by a judge who said there was strong evidence that his adopted daughter made up the accusations to punish him and improve her prospects of remaining in the U.S.
Ajay Dev, 58, was released May 23 after 16 years in prison for 76 convictions of sexual assault on a minor and related charges, the San Francisco Chronicle reported Tuesday.
Superior Court Judge Janene Beronio scheduled a hearing for June 13 for Yolo County District Attorney Jeff Reisig to decide whether to retry Dev. Prosecutors could also appeal the ruling.
3 Ajay Dev, 58, was released May 23 after 16 years in prison for 76 convictions of sexual assault on a minor and related charges.
advocatesforajay / Facebook
Reisig's office declined to comment on the case.
Dev, an immigrant from Nepal who worked as a water engineer, was visiting the South Asian nation with his wife in 1998 when they decided to adopt 15-year-old Sapna Dev, part of their extended family, and bring her to live with them in Davis, California.
In early 2004, Sapna Dev's boyfriend broke up with her, and she accused Ajay Dev of causing the breakup, Beronio said in her ruling.
Later she told police that Ajay Dev had had sex with her two or three times a week for three or four years until she moved out of his home, the judge said.
Four witnesses who had not been contacted by Dev's trial lawyers testified at a recent hearing that Sapna Dev had told them that her accusations against him were lies or were motivated by her anger at him, the Chronicle reported.
One of the witnesses said Sapna Dev told him she made the accusations because she 'was determined to return to the United States and needed to use the criminal charges to do that,' Beronio said.
3 People participate in a protest for Ajay Dev in 2016.
Sanjay Dev / Facebook
3 Four witnesses said that Sapna Dev had told them that her accusations against him were lies or were motivated by her anger at him.
Sanjay Dev / Facebook
The judge's decision 'dismantles the DA's case,' said Patricia Purcell, a member of advocacy group that has held demonstrations in support of Dev.
'We have known from the beginning that Ajay Dev was wrongfully convicted,' Purcell told the Chronicle. 'Judge Beronio was the first judge to really look closely at the evidence and read every document.'
Attorney Jennifer Mouzis, who represented Ajay Dev in his appeal, said much of the prosecution's evidence was based on racial and ethnic bias that would be illegal today under California's Racial Justice Act, a 2021 law barring testimony that appeals to prejudice.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
31 minutes ago
- Yahoo
Gerry Adams's lawyer to pursue chatbots for libel
The high-profile media lawyer who represented Gerry Adams in his libel trial against the BBC is now preparing to sue the world's most powerful AI chatbots for defamation. As one of the most prominent libel lawyers in the UK, Paul Tweed said that artificial intelligence was the 'new battleground' in trying to prevent misinformation about his clients from being spread online. Mr Tweed is turning his attention to tech after he recently helped the former Sinn Fein leader secure a €100,000 (£84,000) payout over a BBC documentary that falsely claimed he sanctioned the murder of a British spy. The Belfast-based solicitor said he was already building a test case against Meta that could trigger a flurry of similar lawsuits, as he claims to have exposed falsehoods shared by chatbots on Facebook and Instagram. It is not the first time tech giants have been sued for defamation over questionable responses spewed out by their chatbots. Robby Starbuck, the US activist known for targeting diversity schemes at major companies, has sued Meta for defamation alleging that its AI chatbot spread a number of false claims about him, including that he took part in the Capitol riots. A Norwegian man also filed a complaint against OpenAI after its ChatGPT software incorrectly stated that he had killed two of his sons and been jailed for 21 years. Mr Tweed, who has represented celebrities such as Johnny Depp, Harrison Ford and Jennifer Lopez, said: 'My pet subject is generative AI and the consequences of them repeating or regurgitating disinformation and misinformation.' He believes statements put out by AI chatbots fall outside the protections afforded to social media companies, which have traditionally seen them avoid liability for libel. If successful, Mr Tweed will expose social media companies that have previously argued they should not be responsible for claims made on their platforms because they are technology companies rather than traditional publishers. Mr Tweed said: 'I've been liaising with a number of well-known legal professors on both sides of the Atlantic and they agree that there's a very strong argument that generative AI will fall outside the legislative protections.' The lawyer said that chatbots are actually creating new content, meaning they should be considered publishers. He said that the decision by many tech giants to move their headquarters to Ireland for lower tax rates had also opened them up to being sued in Dublin's high courts, where libel cases are typically decided by a jury. This setup is often seen as more favourable to claimants, which Mr Tweed himself says has fuelled a wave of 'libel tourism' in Ireland. He also said Dublin's high courts are attractive as a lower price option compared to London, where he said the costs of filing libel claims are 'eye-watering'. He said: 'I think it's absurd now, the level of costs that are being claimed. The libel courts in London are becoming very, very expensive and highly risky now. The moment you issue your claim form, the costs go into the stratosphere. 'It's not in anyone's interest for people to be deprived of access to justice. It will get to the point where nobody sues for libel unless you're a billionaire.' Meta was contacted for comment. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
New York Post
18 hours ago
- New York Post
New York State trooper launched over guardrail after semi-truck plowed into patrol car during traffic stop on Thruway
A New York State trooper was seriously injured when a semi-truck plowed into his parked patrol car on the side of a busy upstate highway – obliterating the cruiser and sending the cop flying over a guardrail, police said. The freakish incident unfolded around 12:39 p.m. Friday as the trooper was conducting a traffic stop on the New York State Thruway in Schenectady County, just 25 miles southwest of Albany. The trailer-less tractor was traveling westbound on Interstate 90 when it slammed into the squad car, according to state police, which shared startling images of the collision. 4 The collision obliterated the New York State Police cruiser Friday afternoon. New York State Police/Facebook Police said the impact hurled the trooper, who was standing on the passenger side of a Honda Odyssey involved in the traffic stop, over the metal barrier and tumbling down an embankment. 'The incident is a powerful reminder: New York's Move Over Law is not optional,' police said, referring to a state law that requires motorists to slow down and shift lanes when a vehicle is stopped on an Empire State roadway. 4 The disastrous incident occurred on the New York State Thruway while the trooper was conducting a traffic stop. New York State Police/Facebook 'When you see emergency, police, fire, or highway crews on the shoulder – slow down and move over. Lives depend on it.' Images of the wreck showed the mangled cop car perched atop the flattened guardrail, its rear end sheared off, car hood damaged, windshield shattered and airbags deployed. The cruiser also smashed into the back of the Honda, leaving it severely damaged and shuttering the thruway for hours. 4 The trooper was sent to the hospital with serious injuries. New York State Police/Facebook The trooper was taken to Albany Medical Center with serious but non-life-threatening injuries. The Honda driver and passenger suffered minor injuries and were transported to St. Mary's Hospital in Amsterdam, police said. 4 The wreck, which sent the driver and passenger involved in the traffic stop to the hospital, closed the highway for hours. New York State Police/Facebook It was not immediately clear if the truck driver, who was not identified, was charged. 'We wish our Trooper a full and speedy recovery,' police said.
Buzz Feed
19 hours ago
- Buzz Feed
Jared Leto Responds To Sexual Misconduct Allegations
This story contains discussion of sexual misconduct. Jared Leto is responding to allegations, including several claims of sexual misconduct, from multiple women. Earlier today, Air Mail published a story that included interviews with nine women who claimed that the actor and musician had behaved inappropriately towards them. Some women alleged that the incidents took place while they were underage, and one anonymously claimed that 'It's been an open secret for a long time." The reporting accuses Jared of, among other things, allegedly appearing nude in front of model Laura La Rue when she was 17 years old, and allegedly exposing himself and masturbating in front of an 18-year-old before placing their hand "on him." In a statement to Air Mail, Jared's rep "expressly" denied the allegations in the story. They also directly addressed Laura's allegation, claiming that hers and Jared's "communications contain nothing sexual or inappropriate" and that she "later applied to work as Mr. Leto's personal assistant, further underscoring the absence of anything inappropriate in any of their interactions." In the story, Laura denied having ever applied to work for him. In response to another accuser's allegation that he would call her in the middle of the night and didn't "know if he was on drugs," Jared's rep claimed that the actor 'has not had a drink or used drugs in over 35 years.' The rep also told the publication that 'there was never any recruiting, complaints or impropriety" in response to allegations that Jared had hosted parties with the intent for young women to go skinny-dipping. The publication also reported that these allegations against Jared surfaced after DJ Allie Teilz reposted a Facebook status from 2012 on IG, alleging that she was "assaulted and traumatized by this creep when I was 17." Jared's reps say that her "allegations are demonstrably false." You can read the entire report containing the allegations that Jared is denying here.
