ELYRIA, Ohio — Court documents filed recently in a criminal case against the Lorain County prosecutor dispute the felony charges and level new allegations against others involved in the investigation.
Wednesday, JD Tomlinson and his chief of staff, James Burge, were arraigned in Elyria Municipal Court in a hearing continued from Oct. 3.
“This case has taken on a bit of a life of its own being politically charged,” visiting Judge Patrick Carroll said to the courtroom. “This is a serious matter and we want to give respect to the people here in court.”
Both men are charged with tampering with evidence and intimidating a witness. Tomlinson faces an additional bribery charge.
All of the third-degree felonies were filed Oct. 1.
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The charges are related to a settlement with Tomlinson’s former employee, with whom he had a romantic relationship.
The ex-girlfriend resigned from the prosecutor’s office in August 2023 and filed a job discrimination complaint. The Equal Employment Opportunity Commission (EEOC) complaint said she felt she was the victim of sexual harassment, claiming she was denied pay raises and transfers because of her relationship with the prosecutor, and she felt the need to “comply with Tomlinson’s desires” or risk losing her job.
She also told investigators 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 as an “employment issue” at the time.
While the woman’s claims were being investigated, the criminal charges allege Tomlinson and Burge both tried to convince the ex-girlfriend to sign false statements backtracking on 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.
Both Tomlinson and Burge have denied wrongdoing.
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In recently filed court documents, defense attorney Michael Camera doubled down on claims his clients are innocent.
The court filings say Tomlinson’s offer of money for dinner with his ex-girlfriend was simply a joke and does not amount to bribery.
The documents also dispute the tampering with evidence and intimidating a witness charges. According to Camera’s filing, the ex-girlfriend sought help with damage control from Tomlinson after a recording of an exchange between the two was leaked to a local newspaper.
Burge was then reportedly instructed to draft 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 his writing with her own attorney.
It also says Burge disclosed to the officials investigating the woman’s EEOC complaint that he had helped draft a statement for her.
The filings also include pages of electronic messages, including one conversation that reportedly shows the chief investigator in the criminal case making sexual advances toward the woman.
Lorain County Sheriff Phil Stammitti denies any impropriety from his deputy. He shared a transcript of an interview with the woman. In it, she said she had no issues with the detective and further stated Tomlinson was often jealous of her personal life.
The criminal case comes as Tomlinson is seeking re-election. The timing of the charges has raised concerns from his supporters that the case is politically motivated.
“Your honor, it’s a request of my clients and myself that the preliminary hearing proceed prior to the election,” Camera told the judge Wednesday.
The judge denied the request because of scheduling conflicts in the weeks leading up to Nov. 5. Camera told News 5 he was disappointed because his hope was to exonerate his clients prior to the election.
When asked about political motivations, Stammitti provided the following response in an email to News 5 Wednesday:
“There is nothing political about this investigation, I have asked Prosecutor Tomlinson since last March that he had a conflict and that I needed a Special Prosecutor and a Special Grand Jury appointed to handle this, his office, even though he stated they welcomed an investigation and have done nothing wrong, but Mr. Tomlinson has done nothing but attempt to stall this investigation into wrong doing by him and his office. He has opposed all efforts to move this investigation forward. This has nothing to do with politics and everything about committing crimes and breaking the law.”
Tomlinson and Burge declined to comment. Their attorney maintains their innocence.
Neither defendant entered a plea Wednesday. The pair is scheduled for a preliminary hearing on Nov. 8 at 10 a.m.
