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

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

“It was a terrible attempt to fit us in. And it ended exactly as I anticipated it would end — failure,” Tomlinson said outside the courtroom, flanked by supporters.

The prosecutor and his chief of staff were charged with witness intimidation and evidence tampering. Tomlinson faced an additional charge of attempted bribery.

All third-degree felonies were filed on Oct. 1.

Lorain County DA charged with witness intimidation, attempted bribery

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

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

Defense counsel filed a response on behalf of his clients questioning the motivation behind the prosecution:

Court filings dispute the criminal charges filed against the Lorain County District Attorney

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The state planned to use the woman’s witness testimony as the main evidence in the case. When she failed to appear at a preliminary hearing on November 8, the hearing was continued. On Friday, special prosecutor Ron O’Brien asked the court to issue a warrant to compel the witness to cooperate.

“Despite repeated emails, instant messages, phone calls and other efforts to reach out, she 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 detected the woman’s car in the city in mid-to-late October, when a summons was issued. This week, the same system found his vehicle in Scottsdale, Arizona.

The judge told O’Brien there was insufficient evidence to know who was driving the car and whether the witness ever received the summons. He rejected the mandate request.

With no further evidence to present in the case, it was dismissed.

“I’m a little disappointed. I wanted a hearing. It would have been more satisfying for me. But that would have been the outcome no matter what happened,” Tomlinson said after the hearing.

He and Burge have maintained their innocence.

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Tomlinson and his supporters believe the criminal case was 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 have denied any allegations of wrongdoing.

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Tomlinson lost the election to challenger Tony Cillo. On Friday, the acting prosecutor said the case influenced the outcome of the election.

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

Tomlinson told News 5 his defense was presented with evidence after the election that he believes would have exonerated him. He shared screenshots of what appeared to be messages from the key witness to the chief investigator, in which the woman denied Tomlinson and Burge acted criminally.

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