Thursday, February 1, 2018

How did Nicholas Jain, with a drunk-driving conviction and two years' probation on his record, become a prosecutor in Greene County, MO?


Nicholas Jain
(From facebook.com)
Let's consider the irony of this: My wife, Carol, has had a criminal prosecution hanging over her head for more than 12 months, on charges that she committed an "assault on a law enforcement officer, third degree." The charge has lingered all this time, even though the "victim" -- Greene County Sheriff's deputy Jeremy Lynn -- admits he "caused physical contact" with Carol by grabbing her as he burst into our rented duplex apartment for an eviction that was unlawful on at least 10 grounds.

The central element in the offense under RSMo 565.083 is whether the defendant "knowingly caused physical contact" with an officer, without his consent. Lynn's words show that he, not Carol, caused physical contact -- and her only action was to pull away from him, as most any individual would do when a stranger breaks into her home, with no apparent grounds for being there, and starts grabbing her.

Now, for the ironic part: This case, which was bogus from the outset for anyone who bothered to read Jeremy Lynn's written narrative, has become an exercise in "kicking the can down the road," largely because Nicholas Dave Jain, the assistant prosecuting attorney, has refused to ditch it for the piece of excrement that it is. In essence, Jain has exercised his "moral authority" to keep Carol's life in legal limbo, even though there is zero basis for the charge against her -- and before this outrage came along, she didn't have as much as a parking ticket on her record. She has been the very definition of a law-abiding citizen.

What about Nicholas Jain? Well, he now exercises authority over those charged with crimes, but his own past hardly is pristine. In 2011, he pleaded guilty to DUI charges in Boone County, Missouri. He was sentenced to 30 days in jail, with the sentence suspended in lieu of two years' probation.

We've already noted that Jain was on probation for drunk driving when he was accepted to the University of Missouri Law School, and we raised this question: Is MU having such a hard time finding qualified law students that it has to admit a convicted drunk driver?

The school's statistics indicate the answer is no. For 2017 Mizzou Law has 556 applications, with 301 admitted and 92 enrolled. In most years, the school accepts about 58 percent of its applicants, and it has a bar-passage rate of 90 percent. U.S. News ranked MU No. 59 among American law schools in 2016, and its incoming class that year had a median GPA of 3.48.

Numbers show that Mizzou does not struggle to attract top-notch law students. So why the need to admit Nicholas Jain, with his drunk-driving conviction and probationary status? That's just one of many questions the Jain criminal history raises. Here are a few others:

* Jain's professional bio shows that, beginning in May 2013, he worked four months as an extern at the Missouri Department of Natural Resources. He was on probation for drunk driving at the time he was hired. Does the Department of Natural Resources simply not care if an applicant's history includes a conviction for such a serious offense? Did Jain disclose his criminal history on his application?

* Beginning in August 2013, Jain worked for 10 months as a law clerk at the Missouri Department of Economic Development. He was on probation for drunk driving at the time he was hired. Does the Department of Economic Development bother to conduct background checks on applicants? Did Jain disclose his criminal history? Did he get away with hiding it?

* Beginning in May 2014, Jain worked for one year as a law clerk at Carson and Coil PC. Like the other two jobs, this one was in Jefferson City, MO. Does anyone in Missouri's capital city know how to conduct a background check?

* For one month in 2015, Jain served as a faculty member at the Missouri Scholars Academy in Columbia. He taught a course titled "Ask What Your Country Can Do for You." One thing the U.S. has done for Nicholas Jain is allow him to move forward, despite his drunk-driving conviction, probably ahead of others who have clean records.

* In August 2015, Jain was hired in the Greene County Prosecuting Attorney's Office, where he now oversees Carol's case, among others. Does PA Dan Patterson make it a practice to hire lawyers with criminal records? Is it possible -- even likely -- that Nicholas Jain has prosecuted individuals who have way less serious offenses on their records than he has on his own?

* Public records show Nicholas Jain is a licensed pilot. Here is information regarding his license:

NICHOLAS DAVE JAIN
Medical Class 3 (Expires: Nov 2018)
Address: 1033 E KINGSBURY ST, Springfield city, MO 65807
Pilot License: Private - Airplane Single Engine Land

Was Jain's drunk-driving conviction revealed to the board that issues pilot licenses? Is it routine for convicted drunk drivers to be granted the right to fly airplanes? Is that supposed to make the public feel good about safety issues?

We sought comment from Nicholas Jain, and posed some of these questions to him. He responded and provided some answers, while avoiding other questions.

(To be continued)

28 comments:

Anonymous said...

Absolutely no excuse for this. It's not like we've been in a tight labor market for lawyers. We've had plenty of qualified applicants for every legal position that becomes available. To hire a drunk driver as a lawyer, at any time, is questionable. To do it in these labor markets is inexcusable. To do it for a position of public trust, blows the mind.

Anonymous said...

We seem to live in the Era of the Apologist. I'm sure there will be several appear here to soft pedal the ugly reality of Mr. Jain's backside. He's a drunk driver, and there is no way to soft pedal that.

Anonymous said...

I see two real bad decisions by Dan Patterson, the PA:

(1) He hires a drunk driver, Nicholas Jain, to be an APA;

(2) He brings "assault" charges against Carol Shuler based on the word of . . . nobody. There is no accuser, and the "victim" admits he initiated contact with Carol, not the other way around.

Is Patterson completely out to lunch. I see some real bad decision-making here, and this stuff has a major impact on the public.

Anonymous said...

You are the expert dumpster diver, and this is all you could find? Shame!

Anonymous said...

This is real simple: A prosecutor, one who brings criminal charges against others, should have a clean criminal history of his own. Nicholas Jain doesn't; he's a drunk driver. He has no business overseeing the alleged crimes of others.

Anonymous said...

This reeks of white privilege. Jain must have political connections somewhere.

legalschnauzer said...

@9:02 --

I'm not certain about political connections, but Nicholas Jain's father (Dr. Dave Jain) is a doctor in Kennett, MO (Dunklin Co.) It's a prominent family in SE Missouri, which is the area that gave us all Rush Limbaugh.

Anonymous said...

It's bad enough that Nicholas Jain got a law degree, a bar card, and multiple legal jobs -- all after he had been convicted and placed on probation for DUI. But the big concern is that he would bring a case where, on it's face, there is no probable cause. Maybe Patterson hired Jain because they knew he was compromised and could not buck the system when ordered to bring bogus cases.

Anonymous said...

If Mr. Jain had the slightest sense of shame, he would at a minimum find a job in private practice and get the hell out of the prosecuting business.

legalschnauzer said...

@2:53 --

Great point, but he has no sense of shame, only a sense of ambition. We are told he plans to seek political office soon -- probably as PA in Dunklin County, where he grew up. So, this is all about Mr. Jain and his personal desires. He apparently gets off on that kind of power trip. He's certainly not about serving the public.

legalschnauzer said...

Oh, and don't forget his sense of entitlement. That's a big one here.

Notice the picture that seems to show Jain piloting some sort of craft -- a sailboat? Then read about his aviation license, authorizing him to fly an airplane. He seems obsessed with the notion of piloting stuff -- but he's already proven he can't be trusted with a frickin car, much less a boat or a plane.

I guess he's going to sign up to be an astronaut next, although I'm not sure he could fit into any such craft. You usually don't see many fat astronaut's.

Anonymous said...

I'm guessing Mr. Jain will get nailed again for drunk driving. And it still would be interesting to know if his first incident involved drugs -- if he was "driving while high."

Anonymous said...

I would think one who holds a dept of transportation, FAA, pilot certificate would need to report to them the (DOT,FAA) if he or she had been convicted of drunk driving. I would also think it would be like a real big crime to not do so. I know all this, because just like Trump, I'm like really really smart. He might just get to fly himself right off to a federal penitentiary if he failed to this. You might not believe this, but the penitentiaries are full of like really really smart guys who felt like due to being like really really smart the laws didn't apply to them. It's not very smart to get behind the wheels of a car or the controls of a aircraft while your under the influence, even a dumb butt like me knows that:-) .

legalschnauzer said...

@9:27 --

Great comment, @9:27. You are "really, really smart," and by golly, I share your concerns about Jain's pilot license. A number of people/entities have hired Jain and/or issued him licenses, having every reason to know he had been on a long-term probation for DUI.

Anonymous said...

So what jobs should someone with a DUI conviction be allowed to perform?

legalschnauzer said...

@12:57 --

You tell me. I'll leave that to the public. But it shouldn't be too much to ask for prosecutors to be chosen from the ranks of those who are not drunk drivers, and who do not have criminal records, aren't on probation, etc.

Are you seriously suggesting it's fine for a prosecutor to knowingly hire a drunk driver as a member of his staff?

Anonymous said...

You are mixing up your tenses. Also it seems to me that perfection is something you in particular would not want to run up against in a prosecutor. One who understands second chances would be better for poor Carol. Except now, you are trying to intimidate the public official and if Carol takes your attitude of contempt her de minimis diversion sentence could run into something else. Actually it has, with her failure to appear. I don't know why you two keep doing that, it only makes your situation worse.

legalschnauzer said...

@7:26 --

As usual, you are full of feces. First, you wouldn't recognize a proper tense if it bit you in the ass. Second, Carol doesn't need a "second chance" because (unlike Nicholas Jain) she didn't commit an offense the first time -- or any other time. Jain would know that if he had bothered to read statements from his own coppers. Is Jain too fat, lazy and drunk to do the job he shouldn't have? It's a legit question when you consider the incompetence that has shrouded this case at ever turn. Third, how is it "intimidation" to write accurately about Nicholas Jain's criminal record? As he admitted in an email response to us, the DUI is right there in the public record.

If you want to consider real "intimidation," consider what a lowlife Jain has to be in order to hold a charge over Carol's head where his own coppers admitted she committed no offense.

Anonymous said...

Why don't you publish Jain's response to you?

legalschnauzer said...

Memo to 5:50 --

You are so predictable, doing exactly what I figured you would do -- defending the hiring of a drunk driver as a prosecutor. You have no shame. Is there any misbehavior by law enforcement for which you won't makes excuses? What's it like to have your lips pressed against cop/prosecutor asses 24/7? You can't find something better to do with your life? How sad and pathetic.

Take your sycophantic act elsewhere because it's not seeing the light of day here.

BTW, I don't need to humiliate Nicholas Jain. He does a good job of that himself.

Anonymous said...

7:26 --

If Larry Nassar were a cop or prosecutor, and not a doctor, I suppose you would be making excuses for him, too?

You are a sick bastard.

legalschnauzer said...

@6:11 --

I will. Several more posts are coming in this series.

Anonymous said...

Why are some comments hidden?

legalschnauzer said...

Comments aren't hidden. They are rejected -- usually as stupid, pointless, sophomoric, ill-informed, or some combination of the three. Commenting here is a privilege, not a right, and those who aren't up to the task will see their comments rejected.

Anonymous said...

Thank you for protecting us from seeing such nonsense.

legalschnauzer said...

I'm not protecting you from anything. I'm protecting the integrity of this blog.

Anonymous said...

Legal, would you mind summarizing the details of the employment case in which you and your wife have been seeking justice from the courts? I can read, and have started to, the events surrounding the lawsuit which began years ago, but it is just a little difficult to follow all that's transpired in a fashion that clarifies its present status. You obviously have the smarts to battle through the immense cesspool of deception, lies, tricks and subterfuge that is destroying our once sacred legal institutions.

If you are pro-se, I can recommend a couple of books you might find helpful.

legalschnauzer said...

@2:42 --

We don't have an employment case pending before a court. We each had an employment case -- but as a matter of fact and law -- we got cheated both times. It's in the public record, and I've written in great detail here at LS about both cases. You can do a search on the blog for "UAB and Acker" and "Infinity and Kallon," and it will produce multiple posts that explain corrupt judicial actions in both cases.

Here are URLs to two posts on the subject:

(1) https://legalschnauzer.blogspot.com/2015/08/us-judge-william-m-ackers-own-words-and.html


(2) https://legalschnauzer.blogspot.com/2013/04/the-court-docket-in-my-wifes-employment.html