Court filings challenge criminal charges filed against Lorain County prosecutor

ELYRIA, Ohio — Court documents recently filed in a criminal case against the Lorain County District Attorney dispute the criminal charges and make new allegations against others involved in the investigation.

On Wednesday, JD Tomlinson and his chief of staff, James Burge, were arraigned in Elyria Municipal Court in a hearing that continued on October 3.

“This case has taken on a particular twist because of its political charge,” visiting Judge Patrick Carroll said outside the courtroom. “This is a serious matter and we want to respect the people here in court.”

Both men are charged with tampering with evidence and intimidating a witness. Tomlinson faces an additional bribery charge.

All third-degree felonies were filed on October 1.

Lorain County prosecutor charged with witness intimidation, attempted bribery

RELATED: Lorain County prosecutor charged with witness intimidation, attempted bribery

The charges relate to a settlement with Tomlinson’s former employee, with whom he was romantically involved.

The ex-girlfriend resigned from the prosecutor’s office in August 2023 and filed a suit for employment discrimination. The Equal Employment Opportunity Commission (EEOC) complaint said she felt sexually harassed, claiming she was denied pay raises and transfers because of her relationship with the prosecutor, and that she felt the need to “comply with Tomlinson’s wishes” or take risks. lose your job.

She also told investigators that Tomlinson used physical force against her.

In October 2023, the woman received a $100,000 settlement from the county. County commissioners told News 5 the expense was framed at the time as a “jobs issue.”

While the woman’s allegations were under investigation, criminal charges allege that Tomlinson and Burge both tried to convince the ex-girlfriend to sign false statements recanting her previous allegations. Court documents say the prosecutor contacted the woman “incessantly” and offered her up to $500 to go out to dinner with him.

Tomlinson and Burge have denied wrongdoing.

‘We are innocent’: Lorain County prosecutor and chief of staff deny criminal charges

RELATED: ‘We are innocent’: Lorain County prosecutor and chief of staff deny criminal charges

In recently filed court documents, defense attorney Michael Camera doubled down on his claims of his clients’ innocence.

Court filings indicate Tomlinson’s offer of money for dinner with his ex-girlfriend was simply a joke and did not constitute a bribe.

The documents also dispute charges of tampering with evidence and intimidating a witness. According to Camera’s filing, the ex-girlfriend asked Tomlinson for help with damage control after a recording of an exchange between the two was leaked to a local newspaper.

Burge was then allegedly tasked with drafting a personal statement/press release for the woman to help restore her public image and refute claims that Tomlinson used physical force. The filing says Burge encouraged the ex-girlfriend to review her writings with her own lawyer.

It also says Burge revealed to officials investigating the woman’s EEOC complaint that he had helped write a statement for her.

The documents also include pages of email messages, including a conversation that allegedly shows the criminal case’s chief investigator making sexual advances toward the woman.

Lorain County Sheriff Phil Stammitti denies any impropriety on the part of his deputy. He shared a transcript of an interview with the woman. In it, she stated that she had no problems with the detective and further stated that Tomlinson was often jealous of her personal life.

The criminal case comes as Tomlinson seeks re-election. The timing of the indictments has raised fears among supporters that the case is politically motivated.

“Your honor, it is a request of my clients and myself that the preliminary hearing be held before the election,” Camera told the judge Wednesday.

The judge denied the request due to scheduling conflicts in the weeks leading up to November 5. Camera told News 5 he was disappointed because his hope was to exonerate his clients before the election.

When asked about political motivations, Stammitti provided the following response in an email to News 5 on Wednesday:

“There is nothing political about this investigation, I have asked Prosecutor Tomlinson since last March that there was a conflict and that I needed a special prosecutor and a special grand jury appointed to handle this, his office, even though he said they supported an investigation and did nothing wrong, but Mr. Tomlinson did nothing but try to block this investigation into his wrongdoing. part and those in his office He has opposed all efforts to move forward with this investigation. This has nothing to do with politics and anything to do with committing crimes and breaking the law. »

Tomlinson and Burge declined to comment. Their lawyer maintains their innocence.

Neither defendant entered a plea Wednesday. Both men are scheduled to hold a preliminary hearing on Nov. 8 at 10 a.m.