Latest news with #AjayDev
Daily Mail
30-05-2025
- General
- Daily Mail
Man released after 16 years as judge rules against 387-year rape sentence
A California man has had his 378-year prison sentence for sexual assault overturned on May 23 after a judge ruled his accuser made up evidence. Ajay Dev, 58, was released last week after spending 16 years in state prison for 76 convictions of sexual assault on a minor and related charges. He had been convicted of the serial rape of an adopted daughter named Sapna Dev who he and his wife helped bring to the U.S. from his home nation of Nepal in 1998, when she was 15-years-old. Superior Court Judge Janene Beronio said in her ruling that the then-teen girl had broken up with her boyfriend and accused her adoptive father of causing their split. Sapna then told authorities that he raped her two or three times a week for three or four years before she moved out of their home. Four witnesses who had not been contacted by Dev's trial lawyers testified at a recent hearing that Sapna had told them that her accusations were lies or were motivated by her anger at him, The San Francisco Chronicle reported. One of the witnesses said Sapna 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. According to the Daily Democrat, Sapna had returned to Nepal at that time and was imprisoned there due to wrong information being printed on her passport. It was then she made the allegations and U.S. authorities helped her with a new passport so she could return to the U.S. Sapna was ultimately granted American citizenship in light of the case and her cooperation with prosecutors, according to CBS. Critical evidence had been missed which stemmed from a phone call that cops had arranged between the two, the Chronicle reported. The audio recording was not clear and the jury during Sapna's original testimony in the 2000s heard it as her father saying: 'You had sex with me when you were 18'. Beronio said that an enhanced recording was now available which say he had actually told her: 'You came with me after you were 18'. The judge also said that another witness had testified that Sapna had given contradictory statements when she said she had aborted or miscarried three kids after alleged pregnancies. Beronio said that Sapna had frequently sent her adopted parents cards, texts and email expressing her love for them from 1999 up until 2004. She added: 'If jurors had heard that evidence, the result of this case could have and most likely would have been different.' His lawyer Jennifer Mouzis had filed his habeas corpus petition seeking to have him freed in 2018. Judge 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. Deputy District Attorney Adrienne Chin-Perez contended during a hearing last week that Ajay Dev continues to pose a flight risk and a danger to the community. She also read a statement from Sapna, who wrote that she is 'deeply afraid that Ajay will harm me'. The judge's decision 'dismantles the DA´s case,' said Patricia Pursell, a member of advocacy group that has held demonstrations in support of Dev, who is also his sister-in-law. 'We have known from the beginning that Ajay Dev was wrongfully convicted,' she told the Chronicle. 'Judge Beronio was the first judge to really look closely at the evidence and read every document.' Pursell also told CBS that when he was arrested his oldest son was two and that his wife was pregnant with another child. He was in prison when the child was born. In a statement to the court seen by the outlet, Dev said: 'The absence of fatherhood has been the most difficult while doing time for a crime I never committed. You gave me a purpose to live. I cannot wait to be home with you.' Mouzis 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.
Daily Mail
29-05-2025
- General
- Daily Mail
California man's 378-year sex abuse sentence dramatically overturned as judge rules migrant accuser made it up
A California man has had his 378-year prison sentence overturned after a judge ruled his accuser made up evidence of sexual assault. Ajay Dev, 58, was released last week after spending 16 years in state prison for 76 convictions of sexual assault on a minor and related charges. He had been convicted of the serial rape of an adopted daughter named Sapna Dev who he and his wife helped bring to the US from his home nation of Nepal in 1998, when she was 15-years-old. Superior Court Judge Janene Beronio said in her ruling that the then-teen girl had broken up with her boyfriend and accused her adoptive father of causing their split. Sapna then told authorities that he raped her two or three times a week for three or four years before she moved out of their home. Four witnesses who had not been contacted by Dev's trial lawyers testified at a recent hearing that Sapna had told them that her accusations were lies or were motivated by her anger at him, The San Francisco Chronicle reported. One of the witnesses said Sapna 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. According to the Daily Democrat, Sapna had returned to Nepal at that time and was imprisoned there due to wrong information being printed on her passport. It was then she made the allegations and US authorities helped her with a new passport so she could return to the US. Sapna was ultimately granted American citizenship in light of the case and her cooperation with prosecutors, according to CBS. Critical evidence had been missed which stemmed from a phone call that cops had arranged between the two, the Chronicle reported. The audio recording was not clear and the jury during Sapna's original testimony in the 2000s heard it as her father saying: 'You had sex with me when you were 18'. Beronio said that an enhanced recording was now available which say he had actually told her: 'You came with me after you were 18'. The judge also said that another witness had testified that Sapna had given contradictory statements when she said she had aborted or miscarried three kids after from alleged pregnancies. Beronio said that Sapna had frequently sent her adopted parents cards, texts and email expressing her love for them from 1999 up until 2004. She added: 'If jurors had heard that evidence, the result of this case could have and most likely would have been different.' His lawyer Jennifer Mouzis had filed his habeas corpus petition seeking to have him freed in 2018. Judge 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. Deputy District Attorney Adrienne Chin-Perez contended during a hearing last week that Ajay Dev continues to pose a flight risk and a danger to the community. She also read a statement from Sapna, who wrote that she is 'deeply afraid that Ajay will harm me.' The judge's decision 'dismantles the DA´s case,' said Patricia Pursell, a member of advocacy group that has held demonstrations in support of Dev, who is also his sister-in-law. 'We have known from the beginning that Ajay Dev was wrongfully convicted,' she told the Chronicle. 'Judge Beronio was the first judge to really look closely at the evidence and read every document.' Pursell also told CBS that when he was arrested his oldest son was two and that his wife was pregnant with another child. He was in prison when the child was born. In a statement to the court seen by the outlet, Ajay said: 'The absence of fatherhood has been the most difficult while doing time for a crime I never committed. You gave me a purpose to live. I cannot wait to be home with you.' Mouzis 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.
CBS News
29-05-2025
- General
- CBS News
Yolo County man believed to be wrongfully convicted of rape has 378-year sentence vacated by judge
WOODLAND -- A Davis man now believed to be wrongfully convicted of serial rape saw his nearly 400-year prison sentence vacated in Yolo County Superior Court earlier this month. The judge ruled the testimony from the named victim was not credible and pointed to new evidence that could have made a difference if presented at his trial. Ajay Dev hugging family members after his release from prison Patty Pursell Ajay Dev has spent 16 years behind bars at Mule Creek State Prison for a crime he has always maintained he never committed. Ajay was released on Friday, May 23 on his own recognizance, meaning with no bail requirement set, despite requests from the District Attorney's office for a $500,000 bond. "There was a lot of time lost. A lot of good years lost," said Patty Pursell, Ajay's sister-in-law, who has helped fight for his freedom since his 2009 conviction alongside hundreds of "Ajay's Advocates" she has rallied over the years in support of his innocence. Ajay's Habeas Corpus hearings, the process when a court examines the legality of a person's detention or conviction, have been ongoing for seven years now. "The tears just started rolling. It was, 'Oh my gosh, I can't believe it,' " said Pursell of the judge's May 16 ruling. "To be in prison all that time and know that you're innocent, that was the hard part. We kept trying to do everything we could and we couldn't get anybody to listen to us that was official." Ajay was convicted of the serial molest and rape of an adopted family member who he helped bring stateside from their native country, Nepal. The allegation by the named victim, Sapna Dev, was that her adopted father raped her three times per week over a period of five years. Ajay has maintained his innocence and now he walks free, finally able to reunite with his wife Peggy and their two sons. "When he was arrested, Ajay's oldest son was two and my sister was pregnant with the other. He was in jail and didn't get to see his child be born," said Pursell. In a statement submitted to the court, Ajay said of his two sons: "The absence of fatherhood has been the most difficult while doing time for a crime I never committed. You gave me a purpose to live. I cannot wait to be home with you." His original sentence was 378 years and four months in state prison for 76 counts of sexual assault against his adopted daughter. "It is the most outrageous sentence I have ever seen," said Jennifer Mouzis, who represented Ajay Dev in the Habeas Corpus hearings. Mouzis has been working on the case for five years and says there was no actual evidence that a crime ever occurred. Ajay Dev, pictured right, moments after release from prison Patty Pursell "There was a lot of indication it didn't happen and not a lot of evidence it did happen. When I looked at it, I saw more and more cracks in the armor," said Mouzis. "If you stripped away some of the stereotypes used to gain a conviction, some of the implicit bias incorporated into the trial about Nepali culture and people from Nepal, if you strip that away, there really wasn't evidence it occurred." In court, Mouzis presented new evidence debunking an alleged pretext phone call "confession" by Ajay. Mouzis says enhancing the original phone call proved that confession never happened and that the original translation of the Nepali language portion of the conversation, allowed to be translated by the named victim in court, asserting he admitted to the rapes was a fabrication. Plus, the defense team introduced into evidence for the first time the fact that the named victim had been convicted of perjury and passport fraud in Nepal in order to obtain immigration benefits. In addition, Mouzis argued Sapna allegedly admitted she was never raped. "There were additional witnesses in Nepal where the victim admitted she was lying about the charges specifically for the purpose of gaining reentry to the United States and citizenship in the United States," said Mouzis. Sapna was ultimately granted American citizenship in light of the case and her cooperation with prosecutors. Judge Beronio of Yolo County Superior Court found the new witnesses alleging Sapna lied to be credible and vacated Ajay's conviction, writing in her ruling that, "Based on my review of this entire case, I believe that in fact Mr. Dev could be innocent of these charges." The Yolo County District Attorney's Office declined to provide a comment to CBS13 for this story. In a victim impact statement from Sapna that was read in court, she maintained that her allegations are truthful. Even though Ajay has been released and his sentence vacated, his court battle is not over yet. He will be back before a judge on June 13, when the District Attorney could decide to retry the case or dismiss it. The DA has the right to retry the case based on the new evidence discovered and presented in court during the Habeas Corpus hearings. In addition, the attorney general could step in and decide to overturn Judge Beronio's ruling.
CTV News
28-05-2025
- General
- CTV News
California man's 378-year sentence overturned after judge rules accuser may have made up charges
The hazy skyline of downtown Los Angeles is seen from the Griffith Observatory in Los Angeles, Tuesday, Sept. 6, 2022. (AP Photo/Jae C. Hong) WOODLAND, Calif. — 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. Reisig's office declined to comment on the case Wednesday. Jennifer Mouzis, who represented Ajay Dev in his appeal, filed the habeas corpus petition seeking to free him in 2018. 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. It wasn't clear if Sapna Dev had an attorney who could speak on her behalf, and efforts to contact her were not immediately successful. Deputy District Attorney Adrienne Chin-Perez contended during a hearing last week that Ajay Dev continues to pose a flight risk and a danger to the community, the Davis Enterprise reported. She also read a statement from Sapna Dev, who wrote that she is 'deeply afraid that Ajay will harm me.' The judge's decision 'dismantles the DA's case,' said Patricia Pursell, 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,' she told the Chronicle. 'Judge Beronio was the first judge to really look closely at the evidence and read every document.' Mouzis 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.
San Francisco Chronicle
28-05-2025
- San Francisco Chronicle
California man's 378-year sentence overturned after judge rules accuser may have made up charges
WOODLAND, Calif. (AP) — 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. Reisig's office declined to comment on the case Wednesday. 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. An attorney for Sapna Dev could not be located Wednesday. The judge's decision 'dismantles the DA's case," said Patricia Pursell, 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,' she told the Chronicle. "Judge Beronio was the first judge to really look closely at the evidence and read every document.' Jennifer Mouzis, who represented Ajay Dev in his appeal, filed a habeas corpus petition seeking to free him in 2018. Mouzis 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.
