Criminal case against Lorain County Prosecutor dismissed

ELYRIA, Ohio — In a dramatic turn of events, the criminal case against the Lorain County District Attorney has been dismissed.

On Friday, visiting judge Patrick Carroll dropped charges against JD Tomlinson and his chief of staff, James Burge, after a key witness failed to appear for the second week in a row.

“This was a terrible attempt to frame us. And it ended exactly the way I expected it to: failed,” Tomlinson said outside the courtroom, flanked by supporters.

The prosecutor and his private secretary were accused of intimidating witnesses and tampering with evidence. Tomlinson also faced charges of attempted bribery.

All third-degree felonies were filed on October 1.

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The charges stem from a settlement with a former employee whom Tomlinson dated. When the woman left the prosecutor’s office in August 2023, she filed an employment discrimination complaint, alleging Tomlinson unfairly disciplined her and used physical force on several occasions.

The charges allege that both Tomlinson and Burge tried to persuade the woman to drop her charges. They also allege that the prosecutor offered his ex-girlfriend money to go out to dinner.

The defense attorney offered a response on behalf of his clients questioning the motivation behind the criminal investigation:

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The state planned to use the woman’s witness statement as primary evidence in the case. When he did not appear at the preliminary hearing on November 8, the hearing continued. On Friday, special prosecutor Ron O’Brien asked the court to issue an order requiring the witness to cooperate.

“Despite repeated emails, instant messages, phone calls and other efforts to reach me, he found a way not to contact me,” O’Brien told the court.

A detective with the Lorain County Sheriff’s Office testified that FLOCK cameras spotted the woman’s car in town in mid-to-late October when the subpoena was issued. This week, the same system found his vehicle in Scottsdale, Arizona.

The judge told O’Brien there wasn’t enough evidence to know who was driving the car and whether the witness had received the subpoena. He denied the search warrant request.

The case was dismissed because there was no other evidence to be presented in the case.

“I was a little disappointed. I asked for a hearing. That would have been more satisfactory to me. But that would have been the outcome no matter what,” Tomlinson said after the hearing.

He and Burge maintained their innocence.

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Tomlinson and his supporters believe the criminal case is politically motivated. It was filed about a month before the Nov. 5 election as the prosecutor sought re-election.

He questioned the motivations of his political rivals and investigators in the case. Both denied any accusations of wrongdoing.

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Tomlinson lost the election to his opponent Tony Cillo. The prosecutor, who left his job on Friday, said the case affected the election outcome.

“This was a planned conspiracy to defame us. “And they were successful in the sense that it worked before the election,” he said.

Tomlinson told News 5 that after the election, his defense was presented with evidence that he believed would exonerate him. He shared screenshots of messages the key witness gave to the lead investigator, in which the woman denied Tomlinson and showed Burge engaging in criminal conduct.

The case could be reopened at a later date, but Tomlinson believes another attempt to prosecute him would fail. The municipal court judge did not bind the charges to Lorain County Court.