A California man sentenced to 378 years in prison for repeatedly sexually assaulting his adopted daughter has walked free after a judge cited strong evidence that the allegations were made up. The daughter sought to punish Ajay Dev, who ultimately served 16 years, and improve her own chances of remaining in the US, Superior Court Judge Janene Beronio said Friday in overturning Dev's 76 convictions for sexual assault on a minor and related crimes, per the San Francisco Chronicle. The 58-year-old immigrant from Nepal and his wife decided to adopt Sapna Dev, a member of their extended family, during a visit to Nepal in 1998, bringing her to live with them in the California city of Davis.
In 2004, Sapna blamed her adoptive father for causing her boyfriend to break up with her, Beronio said. A short time later, she told police Ajay Dev had sexually assaulted her multiple times a week for years until she moved out. Four people who weren't called to testify during Ajay Dev's trial now claim Sapna Dev told them she'd invented the allegations in anger. One said she "was determined to return to the United States and needed to use the criminal charges to do that," Beronio said, per the Chronicle.
In a muffled phone call played during the trial, Sapna said, according to her own testimony, "You had sex with me when you were 18." But an enhanced recording of the call revealed he'd actually said, "You came with me after you were 18," Beronio said. Dev had also urged his daughter to contact police. Beronio said the jury was also unaware Sapna Dev had expressed "affection and love" for her adoptive parents in messages sent over the five years she lived with them. Ajay Dev worked as a math tutor to inmates during his time in prison and was never once disciplined, according to his attorney. District Attorney Jeff Reisig, who can appeal the ruling, has until June 13 to decide whether Dev will be retried, per the AP. (More wrongful conviction stories.)
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