ELYRIA, Ohio — Lorain County’s top attorney faced a judge Thursday in his own prosecution. Prosecutor JD Tomlinson and his chief of staff, James Burge, made their first court appearance on felony charges filed in Elyria Municipal Court.
“I realize this is an unusual situation in that Mr. Tomlinson is an elected official,” Judge Patrick Carroll told a large audience in the courtroom Thursday.
Carroll, a retired Lakewood Municipal judge, was brought in to avoid any conflict or appearance of impropriety in the case. Former Franklin County prosecutor Ron O’Brien was appointed special counsel for the same reason.
Tomlinson and Burge are both facing intimidation and tampering with evidence charges. Additionally, the prosecutor is charged with attempted bribery.
The charges were filed late Tuesday.
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Thursday’s arraignment hearing came with fanfare for the prosecutor, who will be up for re-election on the November ballot. More than a dozen supporters attended the hearing, wearing campaign t-shirts and applauding Tomlinson when he exited the courthouse.
“I supported him the last time and I support him now because I feel he’s the best guy for the job,” Denver Casto told News 5.
Some have questioned the timing of the charges filed five weeks before the election.
“[It’s] election interference,” said one woman. “It’s all bogus. The truth will all come out.”
Tomlinson believes the criminal case will galvanize his base.
“I think we’re going to win. I think they can see the timing, they know the players involved and I think they can see it,” he said after Thursday’s hearing.
The felony 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.
While the Equal Employment Opportunity Commission (EEOC) complaint was 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.
Thursday, both Tomlinson and Burge denied the claims.
“We look forward to our date in court, we are innocent,” Tomlinson said from the courthouse steps.
Burge added, “We are absolutely innocent of these charges and we will prove that to you.”
Others are skeptical. Lorain County Commissioner Michelle Hung previously told News 5 Tomlinson refused to look into issues she and others raised.
“He has failed Lorain County as a prosecutor. He failed me, he failed the residents. I believe he allowed other corruption to occur,” Hung said in a statement.
Tomlinson and Burge did not enter pleas Thursday. The judge did not require the pair to post bond but ordered them to avoid contact with the alleged victim.
An attorney for the ex-girlfriend declined to comment Thursday.
The prosecutor and his chief of staff are due back in court on Oct. 16.
