Untitled Document
 
Sentencing Day
 

Friday, August 7, 2009 was Ajay's sentencing hearing. He was sentenced to 378 years with no physical evidence, only the accusers inconsistent testimony. A motion for a new trial was presented to the judge, which was denied. A motion for bail pending an appeal was not granted. An appeal has been filed.

During the sentencing hearing DDA Steve Mount once again misrepresented the facts. He has done this throughout the trial. The time has come when he needs to be called on his distortion of the facts.

At the sentencing hearing, DDA Mount stated the following: 1) the accuser had her green card, 2) her green card was taken in Nepal, but she had another card reissued. 3) She is married to a US Citizen, so she didn't need to obtain legal status through VAWA (Violence Against Women Immigration Act).

The TRUTH is:
1. The accuser received her green card through adoption by reducing her birth date to qualify for adoption and immigration benefit. When the Nepal Government discovered the false date they prosecuted her for passport fraud. Actually, the government found that she had 4 dates of birth registered at different places.
  The Nepal court has the accuser's fraudulent passport in custody. After being convicted of passport fraud the accuser went to a different district and received a passport on the basis that she never had a previous passport. The accuser took the new passport to the US Embassy and with the help of the Davis PD Detective Mark Hermann came back to the US.
  Detective Hermann told the embassy that the accuser had to come back to testify, but Ajay was not charged at this time. Ajay was not charged until 5 months after the accuser returned to the US.
2. The accuser 's green card was not taken in Nepal . When she re-entered the US her green card was confiscated by US Border Patrol. She was allowed to reenter because of the assistance she got from Det. Hermann and the case against Ajay. In fact Det. Hermann met the accuser at the airport. The accuser told Judge Fall her green card was taken by US Border Patrol when she was asked to provide her green card to the court, but could not. The jury was not present when this was told to the judge.
3. The accuser was not married to a US Citizen at the time she was trying to reenter the US . After returning to the US, she met her husband on myspace, moved to Florida and married him (a US Citizen). She married him 9 months after reentering the US in 2005. And 4-1/2 months after Ajay was charged.
  Under the Violence Against Women Act any illegal entry that the accuser did to enter the US for immigration will be erased.

Judge Fall stated that Peggy Dev wrote a letter in which she said that Nepal was a terrorist state with Maoists, and Maoists are communists. That is why DDA Mount said in the trial's closing arguments that Nepal was a communist state. Judge Fall took Peggy's statement out of context and added his own comments.

The TRUTH is:
1. The letter was written stating that Nepal was prosecuting the accuser for passport fraud and that we (the USA ) should respect Nepal and its legal process. When Peggy went to the US Embassy in November 2004 to tell them what was happening in Nepal regarding the accuser the Embassy police officer told Peggy that if he saw a case with passport fraud to enter the US, he wouldn't do anything about it because he has terrorists to fight, implying the Maoist rebels fighting in Nepal at that time. To this Peggy replied that Nepal is fighting Maoists, the US is helping Nepal to fight the Maoist and that the Maoist are on the US list of terrorists. So if you (the USA ) don't look at passport fraud seriously how do you know if a Maoist is not trying to enter the US?
2. The US prosecutes anyone falsifying US documents it is a felony. The accuser did this when she first entered the US and the second time when she reentered.
3. Peggy NEVER called Nepal a communist, terrorist state. Quite the contrary she said Nepal is a country of laws and it was taking passport fraud seriously.
4. During the trials closing arguments DDA Mount stated that Nepal doesn't even have birth certificates. The accuser told DDA Mount that Nepal does not issue birth certificates.

In conclusion Peggy did not call Nepal a communist or terrorist country. The Judge and DDA misconstrued Peggy's statements. It was the accuser that told DDA Mount that Nepal did not have birth certificates. In closing arguments at trial Mount said that Nepal was a lawless, communist country. Where Mount heard this is anyone's guess. Mount lied when he stated that the accuser could return the the US because she had a green card and was married to a US citizen. An INS official's testimony in court confirmed that the accuser would not have been allowed back into the US on the basis of the fraud she had done. The accuser contacted and requested Det. Hermann to facilitate her return. The accuser could not reenter the United States without the reopening the case against Ajay (she dropped the case before going to Nepal ). The accuser was not married to a US citizen at the time she needed to reenter. She hadn't even met the person.

 

   
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