Free Ajay Dev - A Victim of Cash for Convictions
  • Petitioning Mike McGowan

This petition will be delivered to:

Yolo County Supervisor
Mike McGowan
Yolo County Supervisor
Jim Provenza
Yolo County Supervisor
Don Saylor
Yolo County Supervisor
Duane Chamberlain
CA Governor
Jerry Brown
USDOJ Civil Rights Division
Thomas E. Perez
CA State Inspector General
Bruce A. Monfross
US Congressman
Tom McClintock
US Attorney General
Eric Holder
Attorney General
Kamala Harris

Free Ajay Dev - A Victim of Cash for Convictions

    1. Petition by

      Samantha Gardner

      Wallingford, CT

The Fight for Justice Stronger Than Ever

Please Help Right the Wrong Done to this Innocent Man

Website: www.AdvocatesForAjay.com and www.seekingjusticefortheinnocent.com Facebook: Advocates For Ajay Dev 

Tweet: Justice 4 Innocent@afa_j4i

"Advocates for Ajay" represents over 1,000 people who believe that Ajay Dev has been wrongfully convicted. Many supporters have been assisting Ajay in his fight for freedom and the truth;

We have put together this petition to ask that an investigation be conducted into the case of Ajay Dev, a dark skinned man, who was convicted of rape even though there was NO physical evidence, no witnesses, no corroborated testimony; and the alleged victim's testimony was inconsistent and outrageous. (Yolo County Superior Court Case #062444). Ajay’s story is NOT fiction; it is a devastating true to life story of how our judicial system has failed this innocent man and sent him to prison for 378 years.

How a wrongful conviction happened:

1. Davis Police Detective, Mark Hermann, failed to question pertinent witnesses, failed to examine alleged crime scenes, covered up multiple inconsistencies in the accuser’s statements, misrepresented facts and evidence to the jury, and influenced witnesses.

 2. The DA charged Ajay with 92 counts and embellished them with accusations relating to porn to prejudice the jury. At the trial Ajay was acquitted of all the porn charges; however, the DDA grossly misrepresented facts to the jury and was able to keep out evidence that would have shown Ajay's innocence on the other charges.

3. The DDA’s argument hinged heavily on one sentence, taken from a recorded pretext phone call scripted by the detective intended solely to entrap Ajay. After the trial, jurors commented through news blogs that they found the accuser’s testimony ‘hard to swallow’ but convicted Ajay based on this pretext call – a telephone call in which the accuser read many of her lines from a script created by the detective. The police detective testified at trial admitting that he had destroyed his notes regarding this phone call. The DDA and the judge allowed the accuser to translate the pretext at the trial. The DDA convinced the jury of Ajay’s guilt by distorting one phrase and using it out of context. Also, the DDA erroneously stated that Ajay never denied the accusations in Nepali. However, during the 58 minute phone call Ajay denied these accusations in English and Nepali a total of 52 times. Even the accuser acknowledged during the pretext phone call there were no admissions of guilt. 

Adding to this injustice is the unparalleled sentence Ajay received of 378 years, even though:

• Ajay volunteered to take a lie detector test right after the accuser filed her complaint and passed.
• No physical evidence.
• No DNA.
• No prior convictions or arrests of any kind – Ajay had a clean record.
   However, his accuser was convicted of passport fraud and perjury at the age
   of 22; and admittedly lied on immigration documents to gain immigration
   benefits.
• At sentencing the judge stated that he did not find Ajay a danger to the public.

Ajay’s story is a tragedy; a family broken, two young sons growing up without their fathers’ love, encouragement and direction. Ajay was a productive tax-paying member of society, having his MS in Engineering, a Professional Engineer for the State of California, a humanitarian who believed in working to unite people around the world; a board member and volunteer for several national and international non-profit organizations (NAFCA, NAGC, ANA, DAC, EJC), most commonly known for raising funds to aid victims of floods and cyclones in Nepal and Bangladesh.

We ask you to take the first step in restoring justice, sign the petition and let your voice be heard by demanding that the injustice done to Ajay be corrected.

Background:

A Nepali American Citizen, Ajay, and his American wife, Peggy, adopted a 16 year old teenage girl from Nepal striving to give her a better education and life while also ensuring that after she was established, she would help her biological family in Nepal and others if the opportunity arose. The problems began after she turned 18 and got her green card and escalated later when the couple and their 19 year old adopted daughter conflicted over priorities – college and career vs. boyfriends and her social life.

Ajay and Peggy tried to keep her focused on education. However, their daughter believed they were overly involved in her life. Numerous arguments ensued over priorities and responsibilities over the next 18 months. Eventually, after just such an argument Ajay and Peggy asked her to move out of their home.

Although she was over 20 years old at the time, Ajay and Peggy promised her biological family in Nepal they would continue to take care of her. She had not even finished with her third semester of college. They felt obligated to inform her biological parents that she had moved out of the house so she could socialize at all hours of the night, and was not doing well in school. The young woman interpreted this as an infringement on her freedom, and the arguments escalated. She retaliated by accusing them of physical abuse. Shocked, hurt, and saddened by her accusation, Ajay and Peggy disinherited her and withdrew all financial support. Angry and fearful of deportation to her native country of Nepal, a lifestyle she no longer desired, as well as being worried about having to be held accountable for her misbehavior, the accusation escalated from physical abuse to that of sexual abuse.

Unbelievable Accusations:

1. At the age of 21 the accuser claimed that she was raped 3 times a week for the previous five years – a total of 750 rapes.

2No one saw any evidence of rape or abuse of any kind. The Adoption Social Worker, the accuser’s Doctor,Teachers, friends, and family saw an assertive, confident and happy teenager growing into a young woman.  

    a. The Adoption Social worker who performed a psychological evaluation of the accuser and the  adoptive parents and a thorough home study saw a normal loving family. The Social Worker wrote in his report that the accuser happily signed and consented to her adoption. The accuser now alleges she had been raped 120 times during this process. 

     b. The accuser’s doctor testified she saw no signs of any type of abuse during the 4 years she cared for the accuser, which is counter to the current claims by the accuser that she was raped 3x per week (625 times) during that same time. 

3. At the ages of 19-20 on several private medical documents the accuser declared that she had never been the victim of rape or abuse and she stated the first age of sexual intercourse was at 18 (more).

4. She claims she was raped while her adopted mother was asleep in the same bed, and at 5 different family and friends’ homes while everyone was present. All testified a rape did not occur in their presence. And that they never witnessed anything suspicious between Ajay and the accuser.

5. During the trial, the accuser was shown repeatedly not to be credible. Under oath she testified she never had sexual relations with any boys while she lived at home, yet a past boyfriend testified they did have sex during that time frame.

Stop Cash for Convictions!

The DA's office receives federal grant money which is directly tied to the number of prosecutions and convictions for sex crimes.  In Yolo County there is a pattern of minority defendants having a ridiculously high number of counts stacked-up against them compared to similar cases with white defendants. The large number of counts can overwhelm and prejudice people into believing the defendant must be guilty.

Several newspapers and civilian groups have uncovered problems in Yolo County. Among them are: The DavisVanguard, The Sacramento News & Review, The Yolo County Justice Coalition, The Justice Reform Coalition and Advocates for Ajay. Most notably, an investigative reporter for the DavisVanguard has uncovered that the Yolo County DA receives Federal Grant money for sexual assault cases. To maintain this grant the DA needs to show increased conviction rates. Unfortunately for Ajay, DA Jeff Reisig is not vetting cases on their merits – he has an incentivized quota to meet and a timeline to do it in. In fact a Davis Vanguard Investigation Found Evidence of Exaggerated Crime Figures in DA Grant Applications. 

Advocates for Ajay are very sympathetic to true victims of rape and sexual abuse. Among those advocating for Ajay’s innocence are true victims of rape and sexual abuse. One of the tragedies of false allegations is that it denigrates the true victims of these horrific crimes. What unfolded in the case of Ajay Dev is a frightening tragedy. Visit www.AdvocatesForAjay.com or www.seekingjusticefortheinnocent.com  to learn how the tragedy began, read statements from those people who know he is innocent and learn how Ajay Dev was falsely convicted.

Naturally, people are very sympathetic towards true victims of rape and molestation. However, this creates an inherent prejudice towards somebody accused of these types of crimes. Most people don’t realize that up to 40% of rape claims are proven false (False Rape Accusations May Be More Common Than Thought - Wendy McElroy). Unfortunately it has taken a lot of work by groups like the Innocence Project which has exonerated 271 people as of June 2011, for people to start to realize the short comings of the legal system – www.innocenceproject.org

We ask you to take the first step, sign the petition and let your voice be heard by demanding that this injustice be corrected.

Learn more about Ajay’s story and the fight for his freedom by visiting www.advocatesforajay.com or www.seekingjusticefortheinnocent.com and Facebook: Advocates For Ajay Dev   

 Tweet: Justice 4 Innocent@afa_j4i

Supporters:

• The Innocence Project of Northern California
• Change.Org where over almost 1,100 have signed this petition and 700 people who signed a previous petition.
• NAFCA (Nepalis And Friends Cultural Association)
• Over 154 friends and supporters on Facebook
• Advocates for Ajay with over 700 members fighting for Ajay’s exoneration, some of which have been true victims of rape and sexual abuse.

Recent signatures

    News

    1. Reached 1,000 signatures
    2. Join Us as We March for Ajay's Innocence - August 8, 2012

      Samantha Gardner
      Petition Organizer

      Where: Freeman Park, 1017 Main Street, Woodland, CA
      Wednesday, August 8th, 2012
      Time: 6:00 p.m.
      Email: pr.advocatesforajay@gmail.com
      Website: www.seekingjusticefortheinnocent.com

      The U.S. Department of Justice admits that 8 to 12% of all state prisoners are either actually or factually innocent. That means there are over 140,000 innocent people in jail in America.

      Ajay Dev is One of those Innocent People

      People are so convinced that Ajay Dev is innocent that they are willing to do more than sign a petition. People are assembling to make these claims to the public on Wednesday, August 8, 2012 at Freeman Park in Woodland, CA at 6:00 p.m. At the assembly we will share evidence from the trial that will convince you of Ajay’s innocence and illustrate the accuser’s lies, give firsthand accounts from witnesses who will explain how they know without a doubt that Ajay Dev is innocent, and update you on the appellate brief and our next steps to overturn this atrocity.

    3. A New Website to Help Those That Have Been Wrongfully Convicted

      Samantha Gardner
      Petition Organizer

      Seeking Justice for the Innocent is a news and resource website dedicated to bringing together in one location the resources, tools and information for those seeking justice for the wrongfully convicted; encouragement for those suffering; news related to wrongful convictions and exonerations; as well as information and updates regarding Ajay's battle for his innocence. It is the websites mission to shine a light into the darkness surrounding wrongful convictions and to help bring about changing them.

    4. Reached 750 signatures
    5. Help Ajay Win His Appeal

      Samantha Gardner
      Petition Organizer

      Family and friends have depleted their resources to fight this legal battle. Currently, an appeal is being filed. Although we feel the evidence in the appeal should exonerate Ajay, we also realize that only 5% of all appeals are ever overturned.

      The family plans to file a Habeas writ along with the direct appeal. The Habeas will allow them to include evidence that was not in the court transcripts. This evidence will let the appellate judges know beyond a shadow of doubt that Ajay was truly wrongfully convicted. The family needs an additional $38,000 to complete the investigations and file the Habeas writ. We have set up a donation page at the Go Fund Me website. Please consider helping out.

      Every dollar raised allows a more complete and thorough Habeas petition to be filed with Ajay's appeal. Every dollar raised gives Ajay a better chance to come home to his family!

    6. Reached 500 signatures
    7. Peggy Dev Speaks About Ajay's Innocence

      Samantha Gardner
      Petition Organizer

      Peggy, Ajay's wife, explains how she knows Ajay is innocent.

    8. See Pictures and Videos From Last Week's Rally

      Samantha Gardner
      Petition Organizer

      See the hundreds of people that turned out to protest for Ajay's Innocence!

    9. Article Concerning Responses to Rally for Ajay Dev

      Samantha Gardner
      Petition Organizer

      This article talks about people who try to dampen the positive press the rally brought.

    10. Another Article About The Rally for Ajay

      Samantha Gardner
      Petition Organizer

      The Davis Vanguard did a great story about the rally/march for Ajay. Please read it and pass it on.

    11. CBS Channel 13 News Did a Story about the Rally and Ajay's Case

      Samantha Gardner
      Petition Organizer

      Please check out the story that CBS did on Ajay's case and the rally/march that took place tonight.

    12. Reached 250 signatures
    13. Join us Tonight at a Rally to Support Ajay Dev's Innocence

      Samantha Gardner
      Petition Organizer

      The rally/march is organizing at 5:30pm at Freeman Park at 1017 Main Street, Woodland. We have speakers that will address the issues in Ajay's case as well as the Cash for Convictions. There will also be a march, dances, and food. Please join us!

    14. Article in today's Davis Vanguard about the rally/march tomorrow night

      Samantha Gardner
      Petition Organizer

      Tomorrow night at 5:30pm, Wednesday, July 13th supporters are meeting at Freeman Park in Woodland to rally for Ajay Dev's innocence. The rally/march will begin sharply at 6:00p.m. There will be speakers, dancers, and food. Come join us!

    15. Reached 100 signatures
    16. Video from Rally - Ajay Dev is INNOCENT

      Samantha Gardner
      Petition Organizer

      *Optional: How does this news coverage help your cause?

    Supporters

    Reasons for signing

    • Hank Ramirez SAN DIEGO, CA
      • 15 days ago

      Because it is obvious.

      REPORT THIS COMMENT:
    • Helena gannon DUBLIN, IRELAND
      • 2 months ago

      I never met Ajay but heard about him and his wife Peggy from my good friend who was at their wedding. She always spoke of how virtuous they were and I know he would not be capable of this. It is heartbreaking to hear how the American justice system let down an innocent man, a family man. They have destroyed his life. I cannot imagine how he has the strength to keep fighting. I pray justice will prevail and he will be home to his family soon.

      REPORT THIS COMMENT:
    • Bindu C MONROE TOWNSHIP, NJ
      • 3 months ago

      I believe in Human Rights.

      REPORT THIS COMMENT:
    • sophiya sapkota SUNNYVALE, CA
      • 6 months ago

      For Justice. He is innocent and this is unfair.

      REPORT THIS COMMENT:
    • SANDESH UPRETY SUNNYVALE, CA
      • 6 months ago

      for justice

      REPORT THIS COMMENT:

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