Latest news with #AjayDev
CBS News
5 days ago
- CBS News
Yolo County man speaks following rape conviction reversal, embraces freedom after 16 years in prison
Yolo County man speaks publicly for the first time since nearly 400-year sentence was vacated Yolo County man speaks publicly for the first time since nearly 400-year sentence was vacated Yolo County man speaks publicly for the first time since nearly 400-year sentence was vacated YOLO COUNTY -- A former Davis man was freed from state prison more than one month ago, after a Yolo County judge ruled his rape conviction should be overturned and his nearly 400-year sentence vacated based on new evidence and testimony presented in habeas hearings. Ajay Dev (right) moments after his release from custody May 23, 2025 Ajay Dev Ajay Dev, 58, has spent the past 16 years in prison for a crime he says he did not commit. Dev was convicted of repeatedly raping his adopted daughter back in 2009. The alleged victim maintains her allegations are truthful, but Judge Janene Beronio found the evidence was insubstantial and that there were significant flaws in Dev's original trial. "Based on my review of this entire case, I believe that, in fact, Mr. Dev could be innocent of these charges," Bernoio ruled on May 16. He was released from Mule Creek State Prison on his own recognizance and walked free from custody one week later, on May 23. Dev sat down for his first on-camera interview exclusively with CBS Sacramento. "Sixteen years ago today was one of the worst days of my life when I was falsely convicted and wrongfully imprisoned," Dev said. "This happened to me, but it does not define me." Dev considers this a second chance at life, now navigating a new world outside prison walls. "I just want to have a normal life. I did not commit this crime and I am innocent, 100 percent," Dev said. He describes listening to the judge's ruling from inside prison walls, when he learned his nearly four life sentences were vacated. Ajay Dev pictured with his two sons, now 15 and 17 years old Ajay Dev "I cried and I could hear on the audio people gasping in tears," said Dev. "I just held one of my friends. Held him, saying, 'Looks like I'm going home.' He started crying and prayed with me. As we were praying, other inmates circled and prayed with me. I think they knew that I was innocent." Dev walked out of custody and into the arms of his family. His two sons are now 15 and 17. The oldest was just a baby and the youngest not yet born at the time of his conviction. "One of the biggest losses for me out of this whole incarceration was the loss of fatherhood," Dev said. "Nothing comes close to that. It's even worse than being falsely accused of something. Traumatic as it is, no father wants to be denied their children. And that was hard." Dev got to spend his very first Father's Day celebrating with his two sons outside of prison walls this year. Dev says he did not even get to hold his youngest son in his arms until he was 8 years old due to contact restrictions at the prison. "While I was doing time, I feel like they were also doing time with me. It's not easy, and for their mother to raise two children on her own, it's been hard on her," said Dev of his wife of 20 years and one of his biggest supporters, Peggy Dev. In 2017, the couple amicably divorced. In his darkest days, he says he leaned on family and community support while working to keep his mind occupied. The former engineer for the California Department of Water Resources turned to teaching math to fellow inmates. He also spent his time studying his own legal case. "And I kid you not, I must have spent more time on my legal works than my combined bachelor and master's degrees in engineering prior to my conviction. Because I was fighting for my life," Dev said. He also had to learn to forgive as the emotional toll was heavy. "It was unbearable. Moments where I would just stare at the wall, looking at my two kids' picture, praying. There were days I'd pull the covers over my head so my cellmate would not see my in those weak times where I'd cry," said Dev. "I even thought about committing suicide, to be honest. This hatred just consumed my soul. I knew this wasn't helping me. I started to really pray and start to forgive those people who have betrayed me. I think that gave me some strength." Ajay Dev (right) and his defense attorney Jennifer Mouzis (left) Ajay Dev In the end, he says he owes his freedom to his faithful attorney and now lifelong friend Jennifer Mouzis. "To put it in one sentence, she saved my life. She did save my life," Dev said. Mouzis has been working on the case for five years of habeas hearings and says there was no actual evidence that a crime ever occurred. "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. 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," Mouzis told CBS13 in May. Dev says the dark cloud hanging over him for nearly two decades has finally cleared. Still, he is not yet out of the woods. The Yolo County district attorney's office could choose to dismiss or retry Dev's case. In a June 13 hearing, the decision was continued in court to July 10. "In the interest of justice, I hope the district attorney reviews the case every carefully and reaches a sound decision, and that is to drop the case in its entirety. If not, I am confident that we will prevail in the end," Dev said. The DA's office told CBS13 in a statement, "The People are prepared to retry the matter when the defense is ready to set the matter for trial."
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.
