Vanguard Radio September 9: Ajay Dev Case

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September 9, 2009 show – The Vanguard interview Albert Bifarelli and Reverend Odeye to discuss the trial and convcition of Ajay Dev, who in August was sentence to 378 years in prison on 76 convictions stemming from allegations he molested and raped his adopted daughter.  Family, friends, and community members argue that this was a wrongful conviction and that Mr. Dev is innocent of all charges.

 

Click here to download the podcast in mp3 format.

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About The Author

David Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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10 thoughts on “Vanguard Radio September 9: Ajay Dev Case”

  1. Grateful

    This show was the first time the defendant’s side of the story was told. This is a case where an innocent man was railroaded through the court system and given 378 years for a crime that hundreds of people know he did not commit. If I had not personally watched this case as it developed, I wouldn’t believe that this type of thing could happen in America. The hour radio show went very fast and many more things still need to be discussed. I hope that another opportunity comes up to continue this discussion so the people of Yolo County can understand what is happening right in their own community. Thank you David.

  2. Concern

    It’s apparent to me that the questionable issues surrounding the Dev trial is more than enough to warrant an official investigation. The inappropriate and perhaps illegal acts committed by County Officials must be brought to the attention of the Yolo County citizens and federal authorities. This cannot continue. It also appears that the jury’s verdict is questionable to say the least. Thank you Vanguard for bringing the facts to the people of Yolo County. Please continue coverage of this story.

  3. shanti

    David and the Vanguard staff
    I noticed that there were 70 downloads of the show and over 100 plays and that the comments made were for more info to be shared on the radio. I have pasted all the comments here that were on the KDRT website blog regarding the radio show. Thank you for taking time in putting a very informative show together. People deserve to know that the Yolo County Court has perhaps made the biggest blunder by convicting an innocent man and sentencing him to 378 plus years. Please have Albert and the Reverend back.

    Dev Case
    Submitted by Anonymous on Sun, 09/13/2009 – 1:14pm.
    The show was terrific but I feel there was so much more to discuss with your two guests. This story should get national attention. What happened to Ajay Dev is terrifying and can in fact happen to any one of us. I would like to hear more about this case. Can you do a follow-up show? Thank you David for bringing this story to the public’s attention.

    Everyone in this country
    Submitted by Anonymous on Sat, 09/12/2009 – 7:30pm.
    Everyone in this country should be very nervous about the possibility that they might find themselves in a situation similar to Ajay Dev’s. This show left me with so many questions running through my head. I found myself wondering how I could possibly defend myself against such allegations were I in that situation? How do you prove that you did not rape a woman over 700 times? How can a case come to trial without any physical evidence? How could a jury bury a man alive in prison based upon subjective “he said, she said” information? How could a jury find a man innocent of some of the charges, but not all of them, considering the fact that the alleged victim accused him of doing it ALL?? Does this mean they think she lied some of the time but not all of the time? How many of us would speak logically to someone accusing us of the most heinous crimes imaginable on the telephone? How many of us are able to clearly articulate ourselves during times of immense stress, such as presented by the pretext phone call, much less in a foreign language? Wouldn’t most of us say some pretty outrageous stuff out of anger and frustration?? If one line in a pretext phone call truly was the silver bullet the jury hung their hat on, how could such a dismissal of the reasonable doubt rule be justified in the minds of the jury? THANK YOU David Greenwald for bringing this to the attention of the public. We need to know what’s really happening behind those courtroom doors.

    Dev Case
    Submitted by Anonymous on Sat, 09/12/2009 – 12:30pm.
    David you made a comment that you are not sure of racism because the accuser was the same race as the accused. The race of the accuser would not matter, remember she could only make an accusation, it was the Detective and Prosecutor who made the charges and decided to proceed without any physical evidence and the Judge allowed Mr. Dev to be convicted and harshly sentenced without any physical evidence. I am Caucasian and I have seen racism exist even in areas most people would find it hard to believe that it still exists. It is prevalent and should not be discounted just because the accuser and the accused are of the same race. Thank you for bringing this story to the attention of the public and hope that you will continue with this story, as I would like to hear more.

    The Dev case aired on September 9
    Submitted by Anonymous on Sat, 09/12/2009 – 11:28am.
    I do not usually listen to radio news stations, but I told about the show you did and went to your website to listen for myself. WOW! I told my sister in law about this broadcast and highly suggested her to list as well. Her and her husband adopted a young girl and everything was going well until she has reached her later teen age years and now she is causing them a lot of problems. I would like to hear more about what motivated this woman to make such horrible charges. It is disturbing that someone can be found guilty without any physical evidence. What happened to innocent until PROVEN guilty? I look forward to hearing more about the Dev case.

  4. shanti

    more comments:

    Ajay Dev case
    Submitted by Anonymous on Sat, 09/12/2009 – 6:21am.
    I really appreciated your radio interview regarding the Ajay Dev case. Thank you for allowing a measure of the real truth to be told. Having received a copy of the media package I agree with the gentlemen but would like to here more regarding the motivation involved. From what I can see the accuser was motivated to make such fallacious accusations for the price of citizenship. I also agree with Rev Odeye that the case, as many in Yolo county, had the underpinnings of racism. However I believe that it goes far beyond classic racism where I behave a certain way because you are a different color then I am. This is apparently a very calculated operation to railroad people of color because money is involved in the form of grants to prosecute and convict on certain types of cases. I would like to here more on that from your radio show in the future. And as an FYI, since the sentencing is outrageous why isn’t this getting more publicity. this needs to be on MSNBC, 48 Hours, 20/20, etc!!! Can you call on your connections in the industry to look into this??? Thank you for you open support for true justice in this case.

    Dev Case
    Submitted by Anonymous on Sat, 09/12/2009 – 6:03am.
    What was discussed is very much cause for concern. If someone can be found guilty based on he said she said and no physical evidence, how are we to protect our families? Anyone can make a false allegation. I really appreciate this talk show program and I for one would like to hear more about this case.

    No physical evidence??!!
    Submitted by Anonymous on Fri, 09/11/2009 – 10:47pm.
    Pretext phone calls??? This kind of policing needs to go to, must be reviewed by the Supreme Court in regards to every state that allows it. If this man is guilty then he is the biggest sex-offender in the history of the US. No way. No way.

    The Dev Case from 9/9/09
    Submitted by Anonymous on Fri, 09/11/2009 – 10:34pm.
    This is a really interesting case in terms of constitutional law. Knowing little about this case, it has nonetheless brought up for me some important questions and concerns involving the due process clauses: 1) pretext phone calls seem to be a good idea in catching the “bad guys”, but can this “net” be cast too wide and too indiscriminately. From my view this tactic is a clear violation of the 4th and 5th amendments; and 2) the 6th amendment guarantees a speedy trial, but the idea of a speedy trial was never meant to imply an unfair one. In addition, how can anyone possibly defend their case against a District Attorney who is so apparently politically motivated and unconcerned with the principle of justice? Finally, I am struck by the notion that someone can be put in jail with no physical evidence presented in a trial. All of this is very frightening. Indiscriminate imprisonment was addressed in the Magna Carta and is enshrined in our Constitution. We obviously have a long way to go as it is apparent that we may be still living in the 13th century! Thanks for the program. Hearing it made me want to protect myself and those around me from the “justice” system.

    Dev Case
    Submitted by Anonymous on Fri, 09/11/2009 – 4:16pm.
    This is clearly miscarriage of justice. Please continue to speak loudly and often of this case. I fully support the idea that an investigation into the conduct of the Judge, District Attorney and the investigating Detective should begin. Thank you for bringing the Dev case to the public attention.

    Dev case
    Submitted by Anonymous on Fri, 09/11/2009 – 2:24pm.
    Thank you for having these two gentlemen on. I think there is a ton of controversy over this case and it all needs to be heard. Well done to the Vanguard for helping the public see another side!

    Ajay Dev’s case
    Submitted by Anonymous on Fri, 09/11/2009 – 1:42pm.
    I loved the show and I really appreciate the subject you have brought forth. I request you to have more program on this theme. Thanks

  5. shanti

    And still more comments.

    Dev Case
    Submitted by Anonymous on Fri, 09/11/2009 – 1:07pm.
    I have learned to respect and appreciate The Vanguard of Davis as I found your show and investigative reporting to be fair and balance. Thank you for allowing your listeners to hear more of the facts regarding the Dev case. I believe there should be an investigation done and a hard look at the detective, DA, judge and jury involved. Please continue the great work and I would absolutely want to hear more about this case. Thank you!

    Dev Case
    Submitted by Anonymous on Fri, 09/11/2009 – 11:05am.
    Thank you for a very interesting radio show. I am amazed that you are the only media outlet in the area that is allowing the defendant’s story to be heard. The newspapers only seem to print news releases from the DA’s office. I hope we can hear more about this case in the future because one hour was really not enough time to sufficiently cover it.

    Dev case
    Submitted by Anonymous on Fri, 09/11/2009 – 9:50am.
    Thanks a lot to mr. Greenwald for the radio show. A lot questions were answered about the case and it also managed to bring out the miscarriage of justice going on in Yolo County. Would like to hear about this case.

    dev case
    Submitted by Anonymous on Fri, 09/11/2009 – 9:47am.
    we heard ajay’s case.thank you for more information.whats going on at yolo county.if discrimation is going on fed gov most look up the case and find the truth.
    Dev Case
    Submitted by Anonymous on Fri, 09/11/2009 – 9:06am.
    Thanks for this balanced relevant radio show on a compelling case! I have found all of your coverage on this case to be most excellent reportage! I would be interested to learn more about this case. Thanks Mr. Greenwald!

    Ajay Dev
    Submitted by Anonymous on Fri, 09/11/2009 – 7:36am.
    It is so wonderful to hear another side of this stoy! Mostly when reading on-line or in the newspapers you hear all the negatives about this case, but when looking closely you realize that somethings dont make sense, or articles contradict the actual verdict and say things that just were not true. I would love to hear more about this case as a whole.

    The Ajay Dev Case
    Submitted by Anonymous on Fri, 09/11/2009 – 7:21am.
    This IS a disturbing case. I don’t know if everything everybody said on your show is factual, but if it is, we live an a scary world, where a group of people (Jury, Judge and DA) can send somebody to jail for the rest of their life, with no evidence. Isn’t there a requirement of some proof, rather than opinions and interpretations, be presented? I would also like to know if the comments that you referred to on the blog were truly those from a jury member. What ever happened to beyond a reasonable doubt. Thanks for hosting this show, would love to hear more and updates along the way!
    Anonymous

    Dev Case
    Submitted by Anonymous on Fri, 09/11/2009 – 6:40am.
    Thank you for discussing Ajay’s case. I too found this accusation shocking because the victim claimed the rape was going on 3 times a week. Ajay, Peggy, and the victim visited us once in East Coast and I still cannot figure out how a rape could have occured while the three of them stayed at my parents home for number of days especially since it’s not a very big house and my dad is very religious. It’s impossible. But I’m sure when Ajay got convicted, he must have been convicted for the days they visited us as well. Lot of things just don’t make sense in this case, and I am really touched by all the support he is getting.

    Dev Case
    Submitted by Anonymous on Thu, 09/10/2009 – 7:54am.
    Thank you for continuing to discuss controversial stories. It seems as though there is a lot more to this case than what has been presented in the media and on the blogs. It would be interesting to know additional information regarding the specific court proceedings and some of the “behind the scenes” legalities that are a part of every trial. I would also like some insight as to whyl he was charged with 92 counts without evidence. It would appear as if the DA’s office was stacking the deck, so to speak, when you consider that the Jaycee Dugard case, (there was indisputable physical evidence, a confession, involved kidnapping, fathering children, held captive for 18 years etc…) has significantly fewer counts. I find this fact a little telling and conspicuous in the Dev case.

    Dev Case
    Submitted by Anonymous on Thu, 09/10/2009 – 4:53am.
    It was nice to finally hear the other side of the story. I would have liked to hear a bit more

  6. Andi

    Please please please David keep this story on the site and engage the community in further discussions via blogs and more radio show if possibly. It appears a grave injustice has been done. Thank you.

  7. Andi

    I have recently seen several articles on the Woodland Daily Democrat involving public health care, immigrant matters, new Latino American mural in Woodland and why White men are enraged. The blogs associated with these articles were disturbing. I had never realized we had so many right-wing fanatics and racists lived in this county. It made me think how can anyone of color get a fair trial by jury here. For that matter, with the right-wing logic in the trial (since most are not well educated or critical thinkers) will most likely not prevail over emotional cry for convictions whether you are a person of color or not.

    Furthermore I am not sure the style of reporting the Davis Enterprise or the Woodland Daily Democrat does much to enlighten the County population with broad and multi-sided coverage. In fact it is possible that lack of multi-sided coverage by media may actually enable the unfairness and injustice.

  8. Andi

    David anything you can do to get the contents of this show to general media to get the message out, we will greatly appreciate it. Your talk show was fantastic and we think more people need to hear it. Thank you David.

  9. Polako

    I find this very interesting as well to see how far Amerikkka and hysteria has gone:

    http://www.religioustolerance.org/ra_edent.htm
    http://www.pbs.org/wgbh/pages/frontline/shows/innocence/etc/chronology.html

    “Summary:
    In excess of 90 children accused a total of 20 adults with 429 instances of child sexual abuse in a day care center in Edenton NC. Among the alleged perpetrators were the sheriff and mayor. Allegations included a baby killed with a hand gun, a child being hung upside down from a tree and being set on fire. Nobody in town noticed a baby missing. Needless to say, charges were never laid against the mayor or sheriff.

    Robin Byrum, Darlene Harris, Elizabeth “Betsy” Kelly, Robert “Bob” Kelly, Scott Willard Privott, Shelly Stone, and Dawn Wilson were charged with engaging in various sexual activities with children in the Kellys’ day care in 1989. Bob Kelly and Dawn Wilson were found guilty of multiple charges of child sex abuse and given long sentences. Betsy Kelly and Willard Privott pleaded “no contest” and were released. The charges against the other three were dropped. Convictions were overturned on appeal and new trials ordered. The cases were finally settled in 1999 when all charges were dropped against Kelley.

    horizontal rule
    The Cases:
    These charges relate to the Little Rascal’s Day Care in Edenton. It is perhaps the second most famous day care ritual abuse case in North America (after the McMartin Preschool in CA.) The PBS program Frontline has produced a series of three powerful documentary episodes on this case, called Innocence Lost. 2 It showed that the various ingredients of a typical MVMO abuse case were present in Edenton:
    -no physical evidence that any actual abuse or killing happened.
    -hysteria by the parents, investigators and general public.
    -lack of evidence which would have been present if the children had actually been abused.
    -the alleged abuse happened even as parents were coming to and fro during the day; nobody noticed anything strange at the day care center.
    -the children initially denied that anything “funny” happened at the day care; but the interviewers did not believe the children.
    -after months of extensive interviewing, using what are now known to be manipulative, suggestive techniques, children started to disclose abuse events. This was assisted by communications among parents who also grilled their children
    -all of the documentation and tapes of the children’s initial interviews were lost or destroyed.
    -testimony described a long string of physically impossible or highly improbable events
    bulletnobody seems to have asked the logical question: how could 7 to 20 adults form a conspiracy and abuse children hundreds of times, without any child complaining or without any parent noticing something amiss?

    Some of the children’s disclosures included:
    bulletbeing taken to the back room of a store and sexually abused. There is a very wide opening between the back room and the rest of the store, so that any sexual abuse would have been perpetrated in the full view of customers.
    bulletbeing taken on board a space ship and flown into outer space where they were abused.
    bulletseeing a large fish tank where sharks were trained.
    bulletbeing taken on board a ship into the ocean and abused while trained sharks swam around the boat.

    During the winter of 1988-1989, Edenton police attended a Satanic Ritual Abuse (SRA) seminar. The first allegation of abuse followed shortly afterwards. One theory is that the first mention of abuse followed the accidental hitting of a child at the day care; another story has the first allegation following intensive questioning of a child by his mother under the guidance of a SRA course attendee.

    As in other MVMO cases, the children initially denied abuse at the school. However, after repeated interrogations, they started to reveal sexual and then ritual abuse. Children were criticized or rewarded in accordance with the abuse content of their stories.”

  10. Polako

    http://www.truthinjustice.org/due-process.htm

    “The Little Rascals Daycare Case

    As an example, I will use the ongoing case of the Little Rascals Daycare Center in Edenton, N.C. Prosecutor Nancy Lamb managed, with the help of mental health professionals, to convince more than one jury that a group of people (with families of their own) who were all upstanding citizens with no prior criminal histories, did conspire to ritually molest and rape most of the children of the daycare center, despite a total absence of physical evidence. What is the probability of that?

    The jury in the trial was allowed to read the children’s therapists’ records as if they were fact. The therapist never had to appear in court. Prosecutor Nancy Lamb herself practiced a little “voodoo” psychology by telling the jury that when Dawn Wilson (one of the defendants) held and played with her child during breaks in the trial, it wasn’t because she loved the child — it was all a show for the benefit of the jury. No psychologist could have accurately reported on the state of mind or the motives of Wilson when she played with her child. However, had a psychologist known that Wilson had been offered a plea bargain which included no jail time if she pointed the finger at the others, and had told prosecutors to “find yourselves another patsy,” that psychologist might have known something about Nancy Lamb’s state of mind when she made those statements.”

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