Wednesday, April 18, 2018

Nicholas Jain discusses his candidacy in Dunklin County, MO, but makes no mention of the drunk-driving conviction that lurks in his background


Nicholas Jain (fourth from left) at a gathering of
Republican candidates in Dunklin County, MO.
Nicholas Jain, Missouri's notorious drunk-driving prosecutor, is running for prosecuting  attorney (PA) of Dunklin County. We've reported on Jain's likely plans for several weeks -- even before he left his job as assistant PA in Greene County -- and the Delta Dunklin County Democrat newspaper recently made it official.

The Democrat reports that Jain will run against Republican incumbent Jeff McCormick. From an article titled "Republican candidates speak at Lincoln Day Banquet":

Nicholas Jain, who is also seeking the position of Dunklin County Prosecuting Attorney, addressed the group. Jain is a native of Kennett and after law school moved to Springfield where he joined the Green County prosecuting attorney’s office, specializing in domestic violence, driving while intoxicated and white-collar crimes. “I’m running because I want to prosecute tough and smart, support law enforcement, and I want to work tirelessly to fight crime in Dunklin County,” said Jain. “I want to apply all of the things I learned in Springfield to work here in Dunklin County.” He explained how working closely with law enforcement to the point of going through training, DUI testing, and child forensics improves his ability to ask the best questions. He said being accessible to the victims is one of the biggest assets to successful prosecution. “I promise that if I’m elected prosecutor, I will work as hard as I can to do the best job that I can,” he said. “I’m asking you for your vote and I’m asking you for your trust as the next prosecutor for Dunklin County.”

Hmmm . . . Jain mentions that he worked on drunk-driving cases and even went through training for DUI testing. But no mention of his own DUI conviction, which we've reported in considerable detail. Surely, Jain meant to mention that to the law-abiding Republicans in his home county, so it must have just slipped his mind. Perhaps someone needs to notify the press and political figures in Dunklin County about the DUI skeleton in Jain's extra-wide closet.

Here is information about Jain's opponent:

Prosecuting Attorney Jeff McCormick, who is seeking a second term for Dunklin County, spoke to the group. With over 15 years of legal experience, McCormick during his time as Prosecuting Attorney has prosecuted over 5,000 criminal cases and hopes to continue to serve Dunklin County. At 44 years old, McCormick said of the Democrat party, “The party of what I thought I was, left.” Being from Missouri, he said he has always held conservative values, and it was not a giant leap from one to the other. “The values of this party are absolutely the values I have always had and what represents me,” declared McCormick. “This is where I wanted to be…for the first time, no matter what, in the next election cycle, Dunklin County will have the first Republican prosecutor that it has ever had.” McCormick praised [county GOP chair Tammy] Gibson for her work in expanding the party and being the driving force behind it. “It is nice to be a part of this party and to have things that are occurring, to be on the move, and taking a step forward all the time.” He then asked for everyone’s vote and the opportunity to serve again.

Let's note a few curious items in Jain's statement:

(1) He says one of his goals is to "support law enforcement." That's what a prosecuting attorney is supposed to do? I thought the job entailed seeking justice, on behalf of all citizens in the county. What if law enforcement acts corruptly in a particular case, as we've seen they can do in Greene County. Is Jain's job still to "support law enforcement." What if cops in his area are so corrupt that THEY need to be prosecuted? Does Jain apply the law or "support law enforcement"?

(2) Jain says he wants to apply what he learned in Springfield? Does that include bringing cases where probable cause clearly is lacking? He's done that on multiple occasions in Greene County, as we've reported several times. From a recent LS post:

Along with his boss, Prosecuting Attorney Dan Patterson, Jain showed quite a knack for bringing criminal charges without probable cause. He did it in the "assault on a law enforcement officer" case involving my wife, Carol, and our unlawful eviction in September 2015. He did it again in a DUI case involving Springfield resident Charles Hollis Roux. In fact, trial judge Margaret Palmietto granted the defense's motion to suppress in the Roux matter, tossing the case for lack of probable cause.

Jain and Patterson appealed, and the Missouri Court of Appeals went against its own precedent to overrule Palmietto and force Roux to trial on April 26. He pleaded guilty to two minor vehicle-related infractions, and Palmietto took the DUI matter under advisement.

All kinds of issues likely will be discussed in the Dunklin County PA race over the next few months. But you can rest assured Nicholas Jain does not want his DUI conviction to be one of them.

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