The criminal case against the Lorain County District Attorney is closed

ELYRIA, Ohio. In a dramatic turn of events, the criminal case against the Lorain County District Attorney was dropped.

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

“It was a terrible attempt to set us up. And it ended exactly as I expected – a failure,” Tomlinson said outside the courtroom, surrounded by supporters.

The prosecutor and the head of his office are accused of intimidation of witnesses and falsification of evidence. Tomlinson faced an additional charge of attempted bribery.

All third-degree felony cases were filed Oct. 1.

The Lorain County District Attorney is accused of witness intimidation, attempted bribery

The charges are related to an arrangement with a former employee with whom Tomlinson was dating. The woman filed an employment discrimination complaint when she left the prosecutor’s office in August 2023, alleging that Tomlinson unfairly disciplined her and used physical force on her on several occasions.

Criminal charges allege that Tomlinson and Burge tried to convince the woman to drop her charges. They also claim that the prosecutor offered his ex-girlfriend money to go out to dinner with him.

The defense attorney submitted a response on behalf of the defendants, questioning the motives of the criminal proceedings:

Court documents challenge the criminal charges filed against the Lorain County District Attorney

The state planned to use the woman’s testimony as the main evidence in the case. Since she did not appear at the preparatory meeting on November 8, the meeting was extended. On Friday, special prosecutor Ron O’Brien asked the court to issue a warrant requiring the witness to cooperate.

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

A detective with the Lorain County Sheriff’s Office testified that FLOCK cameras detected the woman’s car in the city in mid-to-late October, when the summons was issued. This week, the same system found her car in Scottsdale, Arizona.

The judge told O’Brien there was not enough evidence to know who was driving the car and whether the witness had received a subpoena. He denied the motion for a warrant.

With no other evidence in the case, it was dismissed.

“I’m a little disappointed. I wanted a hearing. It would be more fun for me. But that would be the result no matter what,” Tomlinson said after the hearing.

He and Burge maintained their innocence.

‘We’re innocent’: Lorain County DA, chief of staff deny felony charges

Tomlinson and his supporters consider the criminal case 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 deny any allegations of wrongdoing.

Politics, criminal charges, strained relationships: Candidates for Lorain district attorney compete in race

Tomlinson lost the election to challenger Tony Cillo. On Friday, the prosecutor, who left office, said that this case affected the outcome of the election.

“It was a concerted conspiracy to slander us. And they were successful in the sense that it worked before the election,” he said.

Tomlinson told News 5 that his defense received evidence after the election that he believed would exonerate him. He shared screenshots of what appeared to be messages from a key witness to the lead investigator in which the woman denied wrongdoing by Tomlinson and Burge.

The case may be reopened at a later date, although Tomlinson believes another attempt to prosecute him will fail. A municipal court judge did not bind the charges over to Lorain County Court.

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