LORAIN COUNTY, Ohio — A race for the Lorain County Prosecutor’s Office has received heightened attention as the incumbent fends off both a political challenger and criminal charges.
Voters casting their ballots early at the Lorain County Board of Elections told News 5 much of their focus has been on the top of the ticket.
“I think we need Donald Trump as our leader to get our economy back in line and secure the border,” said Lorain County voter Sam Funk.
Monica Roff said she cast her ballot for Kamala Harris, saying, “Bodily autonomy is really important to me and I think it should be to all the men and women.”
Others noted the weight of local elections but acknowledged many of the smaller races and issues feel less visible.
“I wouldn’t say necessarily they’re as much on my radar. But of course, those are essential as well,” said voter Luke Sword.
PROSECUTOR RACE AMID CRIMINAL CHARGES
Steps away from the board of elections, yard signs, billboards and posters attached to vehicles have been heavily advertising the Lorain County prosecutor’s race. A contingent of JD Tomlinson supporters were sitting in lawn chairs showing their support for the current prosecutor, while a van with a massive “Vote out JD” sign canvassed the area.
Tomlinson is currently facing criminal charges in Elyria Municipal Court. Both the prosecutor and his chief of staff, James Burge, are charged with witness intimidation and tampering with evidence. Tomlinson faces an additional bribery charge.
Both men have insisted on their innocence:
RELATED: 'We are innocent:' Lorain County prosecutor, chief of staff rebuff felony charges
The charges stem from a settlement with a former employee whom Tomlinson dated. The woman filed an employment discrimination complaint when she left the prosecutor’s office in August 2023, claiming Tomlinson unfairly disciplined her and used physical force on several occasions.
The criminal charges allege both Tomlinson and Burge tried to convince the woman to rescind her accusations. They also claim the prosecutor offered his ex-girlfriend money to go out to dinner with him.
The defense attorney for both defendants filed a response on behalf of his clients, questioning the motivation behind the criminal investigation:
RELATED: Court filings dispute criminal charges filed against Lorain County prosecutor
The defense had hoped to make their case to the judge prior to the election, but a scheduling conflict with the visiting judge wouldn’t allow for a preliminary hearing before Nov. 5.
WHAT DOES TOMLINSON SAY?
In an interview with News 5 this week, we asked Tomlinson why voters should trust him to uphold justice for the county when he’s facing his own criminal charges.
“I think they have to know the motives behind the charging,” he replied.
Tomlinson was unable to discuss the specifics of the criminal case, but he reiterated his innocence and insisted the investigation itself is politically motivated.
“I'm not worried about the criminal charges. We have all the exculpatory evidence in the world,” said Tomlinson. “But if you can imagine, not only do I have my political rivals that are the ones in charge of investigating me, it happens 30 days before an election.”
He pointed out both his former and current political rivals are employed at the Lorain County Sheriff’s Office, the agency that investigated the case.
Former prosecutor Dennis Will, whom Tomlinson defeated for his current position, is the sheriff’s Administrative Personnel Officer. Current challenger Tony Cillo was hired as an assistant director at the Lorain County Drug Task Force.
The Sheriff’s Office has denied any conflict of interest and noted his law enforcement director was the one responsible for handling the criminal investigation.
Tomlinson also claims animosity grew among the political establishment when the wrongful convictions of Nancy Smith and Joseph Allen were overturned during his tenure.
“There were volumes of exculpatory evidence that were just never handed over. And I think exposing that type of behavior is not something that brings a lot of friends. It created enemies that I really didn't anticipate,” he said.
The prosecutor also accused the sheriff of abusing his power to “trump up” charges and restore machine politics before he retires from office at the end of the year.
“He is in possession of all the information,” Tomlinson said. “He's involved in a lame duck [term]. He's out so there's nothing binding him to voters anymore.”
SHERIFF’S RESPONSE
Lorain County Sheriff Phil Stammitti vehemently denies Tomlinson’s accusations, providing the following statement to News 5:
The Lorain County Sheriff’s Office investigates crimes that have been committed by whomever in this County. Mr. Tomlinson is the one that made a payment of $100,000 of taxpayers hard-earned monies to a former employee, and then has tried to cover this up for over a year.
I have no vendetta against anyone, I have been Sheriff in Lorain County for 24 years and have never had a person accuse me of anything like this. I even supported Mr. Tomlinson when he ran for Lorain County Prosecutor giving him $500.00 in a campaign donation and even took a picture with him outside of the Lorain County Sheriff’s Office. Does this sound like someone who has a vendetta against him.
I have had nothing to do with the Nancy Smith case. I even knew her when I was a Lorain Police Officer. Whatever happened in that case I had nothing to do with it.
I hired both Dennis Will to be my Administrative Personnel Officer and was lucky to get a lawyer who knows the personnel side of laws. Tony Cillo was hired at the Lorain County Drug Task Force as the Assistant Director to help with the day-to-day operations to give advice on and help write search warrants, drug laws, assist with the Human Trafficking Task Force, etc.
Law Enforcement Director Robert Vansant heads up this criminal investigation into possible violations of the law by current Prosecutor Tomlinson and his Chief of Staff James Burge. They both state that they welcome an investigation but have attempted to stall our investigation every step of the way. If they did nothing wrong, then they have nothing to worry about.
I have asked for a special prosecutor and special grand jury since this past March, and
this Prosecutor has refused to allow this to happen and has tried to stop our investigation since March of 2024.
Phil R. Stammitti
Lorain County Sheriff
WHAT DOES CILLO SAY?
Challenger Tony Cillo also sat down for an interview with News 5. He said he had no influence over the criminal investigation into his rival.
“I think they have the cause and effect wrong,” he said. “I’m running because of the things that they’re doing, not trying to use the things they’re doing to gain an advantage.”
He said the accusations his opponent is facing are egregious enough to damage the county’s reputation.
“Those are like capital crimes to a lawyer. That’s like perjury. Those are some of the worst things you can do as a lawyer, let alone being a prosecutor,” he said.
Prior to his current position at the Sheriff’s Office and a stretch working for the Ohio Attorney General, Cillo spent a long career as an assistant prosecutor at the Lorain County Prosecutor’s Office. That role extended into the beginning of Tomlinson’s term.
“I didn’t like how things were probably going to go so I went to go find another job,” he said, explaining there was tension with chief of staff James Burge and he sensed the office culture was going downhill.
Cillo, who is running on the Republican ticket, has been criticized for switching parties throughout the years. Voter records indicate he voted in 5 democratic primaries between 2012 and 2022. He claims he made the switch to vote against Burge’s campaign for county judge.
“There was nobody on the other side running at that point. So my vote would have been nothing in the primary,” he said. “I've only ever wanted to run for one party, and that's a Republican. That's what the records have shown.”
He told News 5 his current concern is how the criminal charges against Tomlinson and Burge could cast a shadow over the office’s image.
“The point of this office is to have public confidence. If you don’t have public confidence in the prosecutor’s office, you’re going to lose people. You’re going to lose jurors, it’s going to hurt you at trial,” he said.
FUTURE OF PROSECUTOR’S OFFICE
Cillo believes his experience in the prosecutor’s office would position him to guide its future. If elected, he pledged to offer fewer plea deals to violent offenders and work with current and future staff to place them in positions that would most benefit from their talents.
Tomlinson touted dropping crime statistics in Lorain County as an achievement. He believes his dual experience as a defense attorney and the county prosecutor give him a valuable perspective, and his management has fostered better communication between county agencies and departments.
Both men point to their records and character and hope voters will notice both.
“What I want them to really focus on is who’s produced results for them. And I believe my administration has done exactly that,” Tomlinson said.
Cillo said, “It is my desire to do one thing: to fix that office and to find it in a position where people can be proud of it again.”
Whoever wins the prosecutor race will serve a 4-year term.
