I have a reasonable doubt on this case because the whole incrimination was based on one phone call, which was translated into English. Can someone post the link to the Nepali transcript or recording? As Nepalis I think we will be better judge of the crime instead of the Jury who had to rely on the translation and many things can get lost in translation. What if he is really innocent? If the transcript shows clearly that it's a case of mistranslation then we need to do something about it because it could happen to anyone of us.

grgDai · Mar 16, 2010 7:19 PM

These all are running after money and power,that's all.But you guys need to know clearly that this is not Nepal.This is America.How you can think a Nepal women/girl can blame a relative without truth?

chanty399 · Mar 16, 2010 8:33 PM

chanty just because this is america doesn't mean anything when it comes to law. Just imagine, the whole verdict was based on one phone call which was translated from Nepali to english. I would give it a benefit of doubt. Wouldn't you?

grgDai · Mar 16, 2010 9:19 PM

I read the second link OP posted. I did follow the news last year when it was a heated issue. when I think about it, the news we received might have been biased; I don't remember reading any information from Ajaya's side. At that time I thought the guy was disgusting and felt sorry for the girl, but after reading the news in that link and all the people's comment, I am beginning to question the girl's motive. I'm not in a position to draw any conclusion since I don't know those people, but maybe the guy is falsely accused... if thats true its sad that an innocent man who gave home to a poor kid is getting 376 years imprisonment...

ramsingh · Mar 16, 2010 10:08 PM

first, you need to know that from the latest research done by the Indian Times, 25% of accusation of rape was done for retaliation among Indians, and please don't argue with me that we are Nepalese so the research does not count. This is true whether you are Indian, Bengali, Pakistani or Nepali. In the US only 5% of such case is done for retaliation.As far as the translation goes, since the case is being appealed, it is not available. But it is public record if you want to spend a lot of money obtaining from the courts. However, I can tell you this. Nepalese use the word "consent" quite regularly when speaking mixed Nepali with english instead of "anumati" and most of the time it is used when you ask for permission. Permission and consent are words that are synonomous to anumati. When the DA takes it out of context and says that the word is talking about consensual sex, we've got a problem. Also, we all know the difference between the words "gayeko" and "gareko" but when one translates the wrong word it means completely different. The translator chose the word gareko instead of gayeko, therefore a huge mistake, especially when it is clear that the word is gayeko after listening to it in slow speed. and finally, another sentence, when a guy tells a girl, "you f'd me" angrily, what does it mean? you decide. Now, take it out of context, join the words...you f'd me, consent, and gareko. Do you see a problem here with translation misinterpreted? I would convict every english speaking individual in Nepal who says, "f*@k you" to me because I can claim that the Nepali translation is that it means he threatened to rape me by saying, "ch#kchhu malai."

nepalmaya · Mar 16, 2010 10:27 PM

Nepalmaya you seem to know a lot what was the actual sentence if you don't mind repeating here?

grgDai · Mar 16, 2010 10:31 PM

It would be unfair for me to  give these three sentences from a 58 minute conversation as it can be easily misinterpreted when the context is not known. I want to make sure that Appellate court looks at this very carefully and not make the same deliberate mistake including many racist remarks made against all Nepalese as was done by the DA to influence the jury . The truth will come out sooner or later.If you want to know more about the case you can visit www.advocatesforajay.com and/or listen to few radio shows and more articles on www.davisvanguard.org

nepalmaya · Mar 16, 2010 10:52 PM

Nepalmaya, your reluctance to share it makes it seem incriminating enough. Why don't you weave the background as well as those sentences which could have been lost in translation. That's what I"m interested in hearing. I have seen a lot of articles in this case and those sentences are the only thing that remains to be heard. I thought you wanted to let the truth be told about ajay dev. Seems like you are not comfortable sharing the truth.

grgDai · Mar 17, 2010 6:35 AM

grgDaiI will be glad to share it with you in private email. if I try to justify the entire public of the sentences, the DA will surely use it for his benefit. He already did that during the trial. Please try to understand why I am reluctant to do so. I don't want to ruin Ajay's chance for defense as this case is hoped to get back to trial if the Appeal Court looks at it carefully. Davis has a large Nepali community and surely there are some bad apples living here that will purposely try to ruin Ajay's life. Look at the list of questionable items that can cause doubt in this case. 1. No physical evidence. 2. The judge not allowing the Nepali documents that illustrate the accuser's motive and show that she has lied in a court of law as an adult (character). 3. Lack of investigation by detective and DA. The defendant was never questioned nor was any the family. The scenes of the alleged crimes were not investigated. 4. Lack of any evidence that she had ever been raped. 5. Ajay took a lie detector test that showed he was telling the truth. 6. Doctor and psychologist found no signs of trauma--remember she claimed 750 rapes--trauma should be evident. 7. Family, friends and teachers saw no signs of trauma. 8. A pretext phone call where the defendant denied the allegations 27 times directly and 25 times indirectly (52 times in a 58 minute phone call)was the sole source of his conviction. 9. Only two lines from a pretext call that was a literal translation from Nepali not an interpretation was used to convict him. The difference is very important. An interpretation has meaning that comes from tone and how it is related to the previous convesation. When you take these two lines and relate it to the entire conversation, it becomes apparent that Ajay is giving the accuser a hypothetical situation. 10. If the meaning of these two lines in the pretext phone call was clearly an admission of guilt like the DA says, then why did the DA not arrest Ajay in 2004 when the pretext phone call was done? Why did he wait two years? 11. Why did the accuser ask to drop the charges a few months after making them? She was not living with Mr. Dev and was not under his influence. 12. When the accuser could not get back into the country because she lost her passport because she had committed passport fraud to gain entrance to the US, why did she contact the Davis Detective? Was it because she needed his help to get back into the country? Is this why she decided to re-open the case? 13. The jurors commented in blogs that they did not believe the accuser's testimony. It was also shown in court that the accuser forged Mr. Dev's signature on papers so as to frame him for an abortion she had. She admitted in court that maybe it was her writing on the signature. 14. The accuser never asked for a restraining order even when the suggestion was made by the detective. Did she know she didn't need one? 15. Over 50 letters were written to Judge Fall from people that are leaders in their communities and are citizens in good standing. They all supported Ajay and not the accuser. Why would all these people be questioning this verdict? The DA will say that it is only family, but Ajay's family is not that large, and Ajay is not such a charismatic person that he can have fooled the few hundred people that are questioning this trial. A verdict of guilty means beyond a shadow of doubt. There is quite a bit of doubt in this case, and the public should be aware of it.

nepalmaya · Mar 17, 2010 11:39 AM

I have not followed this case very carefully, but i remember this case very much. As everybody says there is two side of the coin and we did hear the one side, before he was sentenced. Now we are hearning the other side, which seemed to have lot of logic too. Looks like you know lot about the case, I wish you could elaborate more here so you make a stronger point. One of the biggest question that I cannot understand, why in the world an adopted daughter would go in the court and accuses her father about such a big thing. Any behind scenes that we are missing here? If you want more support, then you should be able to explain things that are vague and that need more explanation. We will try to get our voice heard if Mr ajay has strong points against the court.

still_snake · Mar 17, 2010 12:13 PM

still_snake,you want me to elaborate on motive factor. 1. she wanted to go out and stay out late. 2. she was failing all her classes. 3. she wanted to sleep with boys. 4. she was sleeping with boys. 5. she was lying about her whereabouts. 6. she was the most spoiled nepali girl ever witnessed by the Nepali community. 7. she was a pathological lier. 8. when she was caught on one of the biggest lie, she was told to correct her behaviour. 9. when she was caught on another lie that was very disturbing, the parents cut her off with financial support. 10. when she was caught on even bigger lie that was devastating to the parents, they cut her off the will. 11. Then, when the parents wrote a letter to the girl's boyfriend regarding culture and what it means to be dating a nepali girl, the boy broke up with her. She was absolutely furious. The very next day, she retaliated by accusing Ajay of the crime. 12. She later dropped the case. 13. Many family members were absolutely pissed that she tried to accuse Ajay with no merit.  14. Many family members knew that she had forged her dates to gain entry to the US via adoption. In fact, later it was found out that there were actually four different birthdates. Even her birthplace was sometimes Rajbiraj, sometimes Janakpur. One of the family member(her cousin) informed the government. 15. When it was found out that she had lied in official documents especially to gain entry to  the US, the government prosecuted her and she and her father was convicted. 16. the only way for her to gain entry to the US was by reopening the case and getting help from the police. 17. there was no way out for her here as her greencard and citizenship was contingent on her testifying. 18. she will most likely not recant as she is probably scared of the fact that the police will try to take her greencard away. Maybe she will recant once she becomes a citizen. Then the police cannot force her to testify again and will not be able to revoke her citizenship. 19. The bottom line is this: she has been a pathological lier most of her life. I don't think she realized what she was doing when she went to the police in retaliation for her breakup with her boyfriend. When she realized it, she dropped the case. Later when she was convicted and stuck in Nepal and faced a possibility of never being able to come back to the US, she pursued the case again so that she can gain re-entry and then there was no way out except to testify. And when in court, unless there is a silver bullet to show your innocence, you are most likely going to be convicted because of the nature of such crime. I don't think any of us realized that. The jurors made the decision based on EMOTION and not FACTS. 20. you will get more insight by reading on the website WWW.ADVOCATESFORAJAY.COM 21. You will get more if you listened to the two radio shows dedicated to this issue. Here are the links. http://www.davisvanguard.org/i... http://www.davisvanguard.org/i...

nepalmaya · Mar 17, 2010 3:12 PM

one more crucial thing I forgot to add.Her passport was confiscated and still is in the courts. She bribed cdo  in Janakpur and got a fake passport. The US embassy may not be aware of this.(I believe otherwise). The US embassy does not give much of a hoot to Nepal law. Otherwise they would have never issued her a re-entry visa. Think about it. If my American passport is confiscated by the courts, and later found that I obtained another passport I would be in prison for at least 10 years. Also, there was a lot of financial gain for yolo county or Davis police by bringing her here. They got six million dollars grant for using cases such as this. One of the poorest county, and we all know how money talks especially with this economy; they are interested in cash for convictions. That is why Yolo county now is under fire and being closely watched, I believe due to Ajay's and many other cases being exposed in the recent months.

nepalmaya · Mar 17, 2010 3:25 PM