Tuesday, July 24, 2018

Drunk-driving Missouri prosecutor Nicholas Jain faces a lawsuit after campaign effort to "talk tough on crime" led to alleged libel of man with dismissed charges

Nicholas Jain
Nicholas Jain, the drunk-driving Missouri prosecutor who spearheaded a bogus "assault of a law enforcement officer" charge against my wife Carol, faces a defamation lawsuit in his home area of Dunklin County (county seat: Kennett).

Jain is running for prosecuting attorney (PA) of Dunklin County and faces a Republican primary on August 7 against incumbent Jeff McCormick. But in his efforts, while campaigning, to attack McCormick and sound "tough on crime," Jain talked his way into a lawsuit. (The complaint is embedded at the end of this post.)

In a June 27 post to his campaign Web site, Jain discussed cases McCormick's office had dismissed. One of those involved a defendant named Kaluem Reid, and Jain suggested something was corrupt about the dismissal of charges against Reid. From Jain's Facebook post:

Prosecutors should be open and responsive to the citizens they serve, and proud of the way they resolve the cases they handle. I will be proud of the way I prosecute cases, and I will want the public to know the end result of those cases. I am committed to seeking the truth as prosecutor, and during this election.

Four weeks ago, after repeatedly hearing questions while campaigning all over the county, I asked current prosecutor, Jeff McCormick, for information on cases that his office dismissed, specifically those that were moved out of this county before being dismissed. He wrote “I will have someone research those items and will get back to you with an estimate of the time and cost to provide the information along with an estimate for copies.” I am still waiting.

While waiting, I found one defendant, Kaleum Reid, whose cases, which included felony drug and weapons charges, were transferred out of Dunklin County and immediately dismissed. The attorney who got these dismissals for Defendant Kaleum Reid was, at that time, also representing prosecuting attorney Jeff McCormick in a civil matter. (Jain apparently is referring here to a 2017 divorce  case involving McCormick.)

Prosecutors must avoid even the appearance of impropriety. Moving cases out of this county and dismissing them accomplishes nothing except keeping the dismissal from being reported in the local newspaper. And, when a prosecutor agrees to do this for an attorney who is actively representing both the defendant and the prosecutor at the same time, it raises even more questions.

This is the same Nicholas Jain, who while serving as an assistant PA in Greene County (Springfield), brought at least two cases without a whiff of probable cause -- the "assault" case against Carol and a DUI case against Charles Hollis Roux. The arrest of Roux was so dubious that Judge Margaret Palmietto suppressed evidence, and Jain appealed, with the Missouri Court of Civil Appeals violating its own precedent to overrule Palmietto. On the second go-around before her, Palmietto took the easy route and convicted Roux, even though her own words showed there was no probable cause for arrest, much less prosecution. (See State v. Charles Hollis Roux, Case No. 1631-CR00195 at case.net.)

As for Carol's case, Jain dropped out of it when he moved to Dunklin County earlier this year, replaced by a brainless twit (with zero respect for the rule of law) named Nicholas Bergeon; Palmietto (the original judge in Carol's matter) stepped down on a recusal motion, replaced by the hideously corrupt Jerry Harmison, who convicted Carol without a shred of fact or law to support it.

This tells us two things about Nicholas Jain:

(1) He's the product of a hopelessly crooked "justice system" in Greene County;

(2) He is such a hypocrite that he brings DUI charges against others, while keeping his own DUI conviction -- for which he served two years of probation -- under wraps.

How did Jain step in doo-doo regarding the Kaleum Reid case? Here is more from Jain's Facebook post:

From what I’ve been able to piece together, over the course of two days in August 2017, the Malden Police Department investigated and submitted three reports to the prosecutor’s office, each of which resulted in felony charges being filed. One case was based on an eyewitness report that Kaleum Reid brandished a weapon in a threatening manner during an altercation, and the prosecutor charged Reid with felony unlawful use of a weapon. Early the next morning, an eyewitness reported seeing Kaleum Reid pointing a gun out of the window of his car then hearing six to seven shots after she ducked down to hide. The victim hid on her living room floor until daylight after the defendant shot into her home. Based on that report, the prosecutor charged Reid with another charge of felony unlawful use of a weapon. Later that same day, police executed a search warrant at Kaleum Reid’s house where they found what preliminary tests indicated to be cocaine. The prosecutor charged Reid with felony possession of a controlled substance.

On August 30, 2017, a private attorney entered his appearance in the two weapons cases. He then entered his appearance in the drug case on September 14, 2017.

On October 12, 2017, Kaleum Reid’s private defense attorney filed a petition in an unrelated civil matter as private attorney for Jeff McCormick.

According to the Delta Dunklin Democrat’s Dunklin County case reports, on October 25, 2017, venue was changed to New Madrid County for all three cases against Kaleum Reid.

Around November 2, 2017, Jeff McCormick dismissed all three cases against his attorney’s other client, Kaleum Reid, previously held on more than $100k in cash bonds on three separate felony charges, was released to return to the streets.

There could be some legitimate reason for these cases to be dismissed, but did that reason not exist the week before when the cases were in Dunklin County? And, why was no special “independent” prosecutor requested when both prosecutor and defendant with three separate felony charges were current clients of the same private attorney?

For some reason, Kaleum Reid took offense to Nicholas Jain trashing his good name over charges that were dropped. Heck, even Jain admitted there might have been legitimate reasons for dismissal, but he bashed Reid anyway -- and Jain never provided any specifics about what would be unethical about Reid and McCormick having the same attorney, one in a criminal case and one in a civil matter.

Jeff McCormick
The attorney in question, Theodore Liszewski of Sikeston, MO, wrote in Reid's complaint that there were, in fact, solid reasons for dismissal -- and they had nothing to do with McCormick. Specifically, a witness refused to participate in court proceedings, and no evidence linked Reid to the alleged offenses. From the complaint:

5. At some time during the calendar year 2017, Plaintiff [Reid] was charged with two counts of unlawful use of a weapon in Dunklin County, Missouri;

6. Plaintiff thereafter retained counsel;

7. Plaintiff’s Counsel, upon being retained by Plaintiff, spoke with Ian Page, Assistant Prosecuting Attorney for Dunklin County, Missouri regarding Plaintiff’s charges and the allegations against Plaintiff;

8. Plaintiff’s defense counsel, nor Plaintiff, spoke to the elected Dunklin County Missouri Prosecuting Attorney about Plaintiff’s case;

9. Ultimately, the State’s charges were dismissed after witness refused to participate in Court proceedings and no evidence linked Plaintiff to the charges alleged.

Reid is suing Jain for false light/invasion of privacy and libel, and Jain could wind up lighter in the pocketbook. Reid is seeking in excess of $25,000 in damages on each count, plus pre-judgment interest and costs. It's hard to determine how high the damages could go, but a six-figure judgment for Reid does not seem out of the question.

You'd think Nicholas Jain -- with a DUI conviction rattling around in his own closet, plus at least two cases he initiated without probable cause -- might be careful about questioning the ethics of others. The Reid complaint alleges that Jain made his Facebook remarks without consulting anyone connected to the dismissed charges -- witnesses, defense counsel, Reid himself.

This is in keeping with Jain's handling of Carol's case. Clearly, no one investigated the case before bringing charges, no one talked with the "victim" officer (Jeremy Lynn) , who admitted he initiated contact with Carol, not the other way around -- meaning, as a matter of law, she was not guilty.

Nicholas Jain has a habit of trashing others in the public square, without doing his due diligence. This time, it might bite him in the ass -- big time.


Estes said...

This man is now a prosecuting attorney he sentence my husband to 30 years for something he didn't do an my husband obeyed the law an worked his ass off an because he didn't like him he took my husband away from his son an new born daughter.. but he can break the law an drive around drink an get away with it dunklin county is dirty an this man should pay for his decision it's one thing if it was once that's a mistake three times is pretty bad that's all I got to say..

Estes said...

This man is now a prosecuting attorney after he was in court in court for DUI he through a innocent loving husband and father of two in prison because he didn't like him My husband is a good man obeyed laws an worked his ass off for his family please help me get my husband story out