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I find even the remotest possibility of such crimes being true horrifically disgusting, so, for now, as a convicted criminal on such crimes, Ajay Dev has little sympathy from me. I am also dismayed by the fact that the larger Nepali society -- on this case in particular, and on the issues of gender-based crimes such as sexual harassment, rape and domestic violence, in general -- remains complacent at the best, and dismissive at the worst.
That said, I also believe that at times -- for whatever reasons -- the justice system is prone to aberrant blunders, and that every guilty has the right to appeal the conviction(s). However, any appeal(s) on behalf of Ajay Dev by his family and friends can be best utilized if they remain focused on presenting them in the (higher) courts, rather than the larger public. I have seen two so far -- one from his parents, and the other from his wife, Peggy. I find the latter particularly intriguing for obvious reasons.
I am curious to know what Allysma, in her/his capacity as a juror, would have to say to Peggy's appeal.
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An appeal seeking justice against the unfair trial and detention of my husband, Ajay Dev
I, Peggy Dev, the wife of Ajay Dev am appealing to you to discover the truth about the unfair trial and conviction of my husband despite all of the evidence presented at trial, which was more than enough to prove his innocence. I am deeply hurt to hear the rumors and lies that have been said about my husband. Therefore, I would like to clarify what happened with facts and the truth.
My husband has been detained and is now in custody for the charges the accuser claimed happened six years ago (1999- 2003), and faces life in prison. Sapna, the 26 year old adopted daughter of Ajay and me, claimed that Ajay raped her 550-750 times while living with us in our home. She claimed that Ajay raped her while I was sleeping in the same bed. She claimed she was raped at friends and relatives homes. I, his wife, would have known if he were raping Sapna. He did NOT! We lived in a very small house. She showed no signs of trauma. She was a happy person. We gave her everything she needed—a good education, food, clothing, vacations, cell phone and use of a car. We would not give her permission to live a wild life such as staying out until all hours, drinking and having sex outside of marriage. We wanted her to preserve her Nepali culture and values. She moved out of our home in December 2003. By her moving out and subsequent actions, we disinherited her. Also, Ajay explained to her boyfriend about the Nepali Culture and expectations. After this, the boyfriend broke up with Sapna, and the next day (February 2, 2004) she went to the police very angry alleging that Ajay raped her. In May she requested the charges be dropped and went to Nepal for a visit, where she was found guilty and convicted of passport fraud. She spent 19 days in jail. The only way she could come back to the U.S. was if the case against Ajay was reopened. After contacting the Davis Police Department, she obtained another passport by lying that she had never had a criminal conviction. The Nepal Court still held her fraudulent passport in custody. The Detective Mark Hermann of the Davis Police Department contacted the Mr. Farquhar US Embassy in Nepal and asked them to help Sapna gain entrance to the US because Ajay had been charged, and she was a witness in the case against him.
After returning to the US the case against Ajay was reopened. If Ajay were convicted she would then be able to stay in the US legally.
Six months after Sapna’s return to the US, the Yolo County Deputy District Attorney Steve Mount charged Ajay, which was in April 2006. It took 3 years to bring to case to trial. During those 3 years if Ajay were guilty he could have fled the US to Nepal. He stayed because he knew he was innocent and believed in the American Justice System. My parents, seven siblings and friends outside and in the Nepali Community have worked hard to collect evidence of his innocence. None of us are stupid or immoral and would not have supported Ajay if he were guilty. Together, we have done research and discovered the Deputy District Attorney has a past track record of unfair trials. At Ajay’s trial the DDA (Deputy District Attorney) misrepresented the evidence to the jury and used emotion and theatrics in his closing arguments. The jury consisted of 9 women and 3 men, 10 who were white. On the basis of the comments of 3 jurors on a blog, I conclude that Ajay would be a free man today if the DDA had not misguided the jury. The jury ignored the testimony of Sapna’s medical doctor, the adoption social worker and medical records, which have Sapna’s own signature stating that she was never raped. The DDA made false charges against Ajay for showing pornography to Sapna. By doing that, he provoked and prejudiced the jury against Ajay, even though he was not convicted on for any pornography. The jury convicted Ajay of dissuading a witness (keeping Sapna in Nepal), but the court did not allow Ajay to bring into evidence the court documents from Nepal, which would have proved his innocence. Sapna lied and submitted altered documents to the court in Nepal, but those were summarily ignored. Sapna lied under oath in Yolo County Court. She forged documents. There were many more instances in the trial which constitute an unfair trial for Ajay.
I have only touched on a very small amount of facts in this unfair trial and am pleading to the Attorney General, media and everyone to investigate the trial of Ajay Dev and find the TRUTH of his innocence.