LORAIN COUNTY, Ohio — The race for Lorain County Prosecutor’s Office has received increased attention as the incumbent defends himself against both a political rival and criminal charges.

Voters who cast their ballots early at the Lorain County Board of Elections told News 5 that much of their attention has been focused on the top of the ballot.

“I believe we need Donald Trump as our leader to realign our economy and secure the border,” said Lorain County voter Sam Funk.

Monica Roff said she voted for Kamala Harris, saying, “Bodily autonomy is really important to me and I think it should be for all men and women.”

Others noted the weight of local elections, but acknowledged that many of the smaller races and issues feel less visible.

“I wouldn’t necessarily say they’re that much on my radar. But of course they are also essential,” said voter Luke Sword.

PROSECUTOR CAREER AMID CRIMINAL CHARGES

Just steps from the election board, lawn signs, billboards and vehicle signs have been heavily advertising the Lorain County district attorney’s race. A contingent of JD Tomlinson supporters sat in lawn chairs showing their support for the current prosecutor, while a van with a huge sign reading “Vote JD” drove through the area.

Tomlinson is currently facing criminal charges in Elyria Municipal Court. Both the prosecutor and his chief of staff, James Burge, are accused of witness intimidation and evidence tampering. Tomlinson faces an additional charge of bribery.

Both men have insisted on their innocence:

‘We are innocent’: Lorain County prosecutor and chief of staff reject felony charges

RELATED: ‘We are innocent’: Lorain County prosecutor and chief of staff reject felony charges

The charges arise 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, alleging that Tomlinson unfairly disciplined her and used physical force on several occasions.

The criminal charges allege that both Tomlinson and Burge attempted to convince the woman to rescind her accusations. They also claim that 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:

Court documents dispute criminal charges filed against Lorain County prosecutor

RELATED: Court documents dispute criminal charges filed against Lorain County prosecutor

The defense had hoped to present its case to the judge before the election, but a scheduling conflict with the visiting judge would not 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 advocate for justice for the county when he faces his own criminal charges.

“I think they have to know the reasons behind the accusation,” he responded.

Tomlinson could not discuss the details of the criminal case, but reiterated his innocence and insisted that the investigation itself is politically motivated.

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“I’m not worried about criminal charges. “We have all the exculpatory evidence in the world,” Tomlinson said. “But if you can imagine, not only do I have my political rivals who are in charge of investigating me, but it happens 30 days before an election.”

He noted that both his former and current political rivals are employed by 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. Incumbent challenger Tony Cillo was hired as deputy director of the Lorain County Drug Task Force.

The Sheriff’s Office denied any conflict of interest and said its police director was responsible for handling the criminal investigation.

Tomlinson also claims that animosity grew within 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 simply never turned over. And I think exposing that kind of behavior is not something that attracts many friends. “It created enemies that I didn’t really anticipate,” he said.

The prosecutor also accused the sheriff of abusing his power to “invent” charges and restore the political machine before retiring from office at the end of the year.

“He is in possession of all the information,” Tomlinson said. “He is involved in an outgoing (term). “He’s out, so there’s nothing linking him to the voters anymore.”

SHERIFF’S RESPONSE

Lorain County Sheriff Phil Stammitti vehemently denies Tomlinson’s allegations and provided the following statement to News 5:

The Lorain County Sheriff’s Office investigates crimes committed by anyone in this county. Mr. Tomlinson is the one who made a payment of $100,000 of taxpayers’ hard-earned money to a former employee, and then tried to cover it up for more than a year.

I have no vendetta against anyone, I have been Sheriff in Lorain County for 24 years and no one has ever accused me of something like this. I even supported Mr. Tomlinson when he ran for Lorain County Attorney, giving him $500.00 in a campaign donation and even took a photo with him outside the Lorain County Sheriff’s Office. Does this sound like someone has a vendetta against him?

I had nothing to do with the Nancy Smith case. I even met her when I was a Lorain police officer. I had nothing to do with what happened in that case.

I hired Dennis Will to be my Administrative Personnel Officer and was lucky to get an attorney who knows the personal side of the law. Tony Cillo was hired at the Lorain County Drug Task Force as an assistant director to assist with daily operations and advise and assist in drafting search warrants, drug laws, assist with the Human Trafficking Task Force, etc

Law Enforcement Director Robert Vansant is leading this criminal investigation into possible violations of the law by current U.S. Attorney Tomlinson and his chief of staff, James Burge. Both say they welcome an investigation but have tried to stop it every step of the way. If they didn’t do anything wrong, then they have nothing to worry about.

I have requested a special prosecutor and a special grand jury since last March, and

This Prosecutor has refused to allow this to happen and has attempted to stop our investigation since March 2024.

Phil R. Stammiti

Lorain County Sheriff

WHAT DOES CILLO SAY?

Challenger Tony Cillo also gave an interview to News 5. He said he had no influence in his rival’s criminal investigation.

“I think they are wrong about the cause and effect relationship,” he said. “I’m running because of the things they’re doing, not trying to use the things they’re doing to gain an advantage.”

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He said the allegations his opponent faces are egregious enough to damage the county’s reputation.

“Those are like capital crimes for a lawyer. That’s like perjury. “Those are some of the worst things you can do as a lawyer, let alone a prosecutor,” he said.

Prior to his current position with the Sheriff’s Office and a stint working for the Ohio Attorney General, Cillo spent a long career as an assistant prosecutor in the Lorain County Prosecutor’s Office. That role extended to the beginning of Tomlinson’s tenure.

“I didn’t like how things were going, so I went looking for another job,” he said, explaining that there was tension with chief of staff James Burge and that he felt the office culture was going downhill.

Cillo, who is running as a Republican candidate, has been criticized for switching parties over 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.

“At that time there was no one running on the other side. Then my vote would have been null and void in the primaries,” he said. “I have always wanted to run for a party, and that is the Republican party. “That’s what the records show.”

He told News 5 his current concern is how the criminal charges against Tomlinson and Burge could tarnish the image of the office.

“The goal of this office is to have the public’s trust. If you don’t have the public’s trust in the prosecution, you’re going to lose people. You are going to lose jurors and that is going to harm you in the trial,” he said.

FUTURE OF THE PROSECUTOR’S OFFICE

Cillo believes his experience in the prosecutor’s office would position him to guide his future. If elected, he pledged to offer fewer plea deals to violent offenders and to work with current and future staff to place them in positions that would benefit most from their talents.

Tomlinson touted the drop in crime statistics in Lorain County as an achievement. He believes his dual experience as a defense attorney and county prosecutor gives him valuable perspective, and his tenure has fostered better communication between county agencies and departments.

Both men highlight their backgrounds and character and hope voters take notice of both.

“What I want them to really focus on is who has produced results for them. And I think my administration has done exactly that,” Tomlinson said.

Cillo said, “My desire is to do one thing: fix that office and find it in a position where people can be proud of it again.”

Whoever wins the prosecutor’s race will serve a 4-year term.