LORAIN COUNTY, Ohio — A race for the Lorain County District Attorney’s Office has received increased attention as the incumbent faces both a political challenger and criminal charges.

Voters who cast their ballots early at the Lorain County Board of Elections told News 5 much of their focus was on the top of the ticket.

“I think we need Donald Trump as a leader to get our economy back on track and to secure the border,” said Lorain County voter Sam Funk.

Monica Roff said she cast her vote for Kamala Harris, saying, “Body autonomy is very 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 appear less visible.

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

PROSECUTOR’S RACE PENDING CRIMINAL CHARGES

A few steps from the election board, yard signs, billboards and posters attached to vehicles heavily advertised the Lorain County District Attorney’s race. A contingent of JD Tomlinson supporters sat in lawn chairs showing their support for the current DA as a van with a massive ‘Vote for 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 accused of witness intimidation and tampering with evidence. Tomlinson faces an additional charge of bribery.

Both men insisted on their innocence:

‘We are innocent:’ Lorain County DA, chief of staff denies felony charges

RELATED: ‘We are innocent:’ Lorain County DA, chief of staff denies felony charges

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.

Counsel for both defendants filed a response on behalf of their clients, questioning the motivation behind the prosecution:

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

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

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, I asked Tomlinson why voters should trust him to stand up for justice for the county when it faces its own criminal charges.

“I think they need to know the reasons behind the accusation,” he replied.

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

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

He pointed out both his former and current political rivals are employed by the Lorain County Sheriff’s Office, the agency that investigated the case.

Former district attorney Dennis Will, whom Tomlinson beat out for his current position, is the sheriff’s administrative staff officer. Current challenger Tony Cillo has been hired as assistant director of the Lorain County Drug Task Force.

The sheriff’s office denied any conflict of interest and noted that its law enforcement director is the one responsible for handling the criminal investigation.

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

The prosecutor also accused the sheriff of abusing his power to “suppress” the charges and reinstate the car policy before he stepped down at the end of the year.

“He’s in possession of all the information,” Tomlinson said. “It is involved in a lame duck (term). He’s out, so nothing connects him to the voters.”

THE SHERIFF’S ANSWER

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

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

I have no vendetta against anyone, I’ve been the sheriff in Lorain County for 24 years and I’ve never had a person accuse me of anything like this. I even supported Mr. Tomlinson when he ran for Lorain County District Attorney, giving him $500.00 in a campaign donation and even took a picture with him outside the Lorain County Sheriff’s Office. Sounds like someone who 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. Whatever happened in that case, I had nothing to do with it.

I hired both Dennis Will to be my administrative personnel officer and I was fortunate to have an attorney who knew the personnel side of the law. Tony Cillo was hired at the Lorain County Drug Task Force as Deputy Director to assist with day-to-day operations, provide advice and help draft search warrants, drug laws, assist with the Task Force on human trafficking etc.

Director of Law Enforcement Robert Vansant is leading this criminal investigation into possible violations of the law by current District Attorney Tomlinson and his Chief of Staff James Burge. They both say they welcome an investigation, but have tried to stop our investigation at every turn. If they haven’t done anything wrong, then they have nothing to worry about.

I’ve been asking for a special prosecutor and a special grand jury since last March and

this prosecutor refused to allow this and tried to stop our investigation since March 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 on the criminal investigation into his rival.

“I think they got cause and effect wrong,” he said. “I’m asking because of the things I do, I’m not trying to use the things I do to gain an advantage.”

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

“Those are like capital crimes for a lawyer. It’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 working for the Ohio Attorney General, Cillo spent a long career as an assistant prosecutor in the Lorain County Prosecutor’s Office. This role extended to the beginning of Tomlinson’s tenure.

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

Cillo, who is running on the Republican ticket, has been criticized for switching parties over the years. Voter records show he voted in 5 Democratic primaries between 2012 and 2022. He claims he switched to vote against Burge’s campaign for county judge.

“There was nobody on the other side to run at that time. So my vote would have been nothing in the primaries,” he said. “I’ve only ever wanted to run for one party, and that’s a Republican. That’s what the records showed.”

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 purpose of this office is to have the public’s trust. If you don’t have public trust in the prosecutor’s office, you will lose people. You’re going to lose jurors, it’s going to hurt you at trial,” he said.

THE FUTURE OF THE PROSECUTION

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

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

Both men tout their records and character, and hope voters notice both.

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

Cillo said, “It’s my desire to do one thing: to fix that office and get it in a position where people can be proud of it again.”

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