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)