Judge denies prosecutor’s lawyer’s request to schedule preliminary hearing before Nov. 5 election

Lorain County Prosecutor JD Tomlinson and his chief of staff Jim Burge appeared Oct. 16 in Elyria Municipal Court for continued arraignment on criminal charges.

On Oct. 1, Tomlinson, 43, of Amherst, was charged with intimidation, tampering with evidence and bribery, all third-degree felonies.

Burge, 77, of Avon, was charged with intimidation and tampering with evidence, both third-degree felonies, also on Oct. 1.

The arraignment hearing began on October 3, but continued until October 16 to allow the men to have the services of an attorney.

Guest Judge Patrick Carroll acknowledged that the case was “politically charged” as he prohibited the many members of the audience who were present to support Tomlinson and Burge from remaining silent throughout the proceedings, at the start of the audience.

“This is serious business,” Carroll said.

According to the investigative report, the Lorain County Sheriff’s Office began investigating a relationship between Tomlinson and a former employee with whom he had been romantically involved during his employment.

The woman claimed during an investigation by the sheriff’s office that Tomlinson had been violent toward her and tried to convince her to sign a document created by Burge.

She said she refused because reports about the couple’s relationship were not true, according to court records.

The incidents detailed in the report span from 2023 to 2024, when the woman met Tomlinson in August in Montana.

The woman filed a complaint with the Equal Employment Opportunity Commission against the prosecutor and received $100,000 from the prosecutor’s office budget to “work out a settlement between the woman” and Tomlinson’s office regarding the complaint.

Tomlinson, who is running for re-election on Nov. 5, said the criminal charges against him and Burge were an attempt to interfere with the election.

Lorain attorney Michael Camera represents Tomlinson and Burge.

Special Prosecutor Ronald O’Brien, of Columbus, has been appointed to handle these cases.

The judge questioned O’Brien about the corruption charge filed against Tomlinson.

Initially, Tomlinson was charged with attempted bribery, but that was elevated to a bribery charge, O’Brien told Carroll.

Carroll asked Camera if his clients wanted to waive their right to a speedy trial.

Camera said the men preferred to waive their rights only at the next preliminary hearing scheduled for Nov. 8.

“We’re going to give up everything, or none at all,” Carroll responded.

Tomlinson and Burge have the right to revoke their agreement to waive their rights at any time, Carroll told Camera.

Camera told Carroll his clients want to have the preliminary hearing, in which evidence will be presented to the judge, before the general election.

However, Carroll denied the request because he had to stay in another city for two weeks and was unable to accommodate the request.

Attorney Kenneth Lieux, of Elyria, who represents the woman, who is a witness in the case, was present at the hearing, while the woman was not.

Lieux requested that it be added to the no-contact order agreed to at the Oct. 3 hearing prohibiting Tomlinson, Burge and the woman from having any contact with each other.

Lieux told Carroll he wanted to be included in the order because Camera had written about him in a lengthy filing in the case that Lieux said he disagreed with.

Lieux claimed the filing was false and defamatory of him.

“I don’t want to get into the nature of the evidence,” Carroll told Places.

Camera agreed not to use the woman’s or Lieux’s “first names” in future documents he files with the court.

Carroll granted the request on the condition that Lieux could still partner with assistant prosecutors in Tomlinson’s office as part of normal practice, because Lieux is a criminal defense attorney in Lorain County.

Originally published: October 16, 2024 at 5:15 p.m.