"We are innocent," Lorain County Prosecutor, chief of staff face felony charges

ELYRIA — Lorain County Prosecutor J.D. Tomlinson and Chief of Staff Jim Burge faced felony charges as they made their initial appearance in Elyria Municipal Court on Thursday. As Tomlinson and Burge walked out of the Municipal Court building on Thursday, they were met with cheers and applause from about two dozen supporters. Speaking from the courthouse steps, Tomlinson proclaimed the pair's innocence, saying that when the truth came out, they would be exonerated. "We just want to say that we're very comfortable with the evidence that we have and we look forward to our day in court," Tomlinson said. "We are innocent." Tomlinson and Burge are each charged with intimidation and tampering with evidence, and Tomlinson is also charged with attempted bribery. All of the charges are felonies. "We are absolutely innocent of these charges and we will prove that," Burge said after leaving court. The charges were filed by the Lorain County Sheriff's Office, which alleges that Tomlinson and Burge tampered with evidence and a witness in an ongoing joint investigation between the Sheriff's Office, the state Auditor's Office and the Federal Bureau of Investigation. According to the affidavit, between Aug. 5 and 29 Burge and Tomlinson attempted to convince Tomlinson's former girlfriend and employee Jennifer Battistelli to sign false statements about an argument in Tomlinson's office on Aug. 15, 2023. In a complaint last year that was written but never filed, Battistelli alleged that Tomlinson "grabbed, threw and shook" her during that altercation. Battistelli and the Prosecutor's Office eventually agreed to a $100,000 settlement that was approved by the Lorain County Commissioners in October 2023. That settlement was paid through requistitions from the office's salary budget rather than through the county insurance plan, and it is now subject to the joint investigation. Tomlinson and Burge are accused of attempting to tamper with evidence and intimidate Battistelli into walking back her previous statement. On Thursday, Tomlinson and Burge appeared before visiting Judge Patrick Carroll, who informed them of the charges against them and ordered both men to be fingerprinted at the Lorain County Jail and then released on personal recognizance bonds. Both Tomlinson and Burge said they were pursuing attorneys to represent them, but neither had chosen one yet. Tomlinson asked Carroll for two weeks to select an attorney, a request that Carroll granted. Carroll also put a no-contact order in place between both defendants and Battistelli, meaning they cannot attempt to communicate with her in any way. "I realize that this is an unusual situation, in that Mr. Tomlinson is an elected official and, as I understand, up for election this year," Carroll said. "The reason I point that out — this is nothing to do with politics here, politics does not belong within these four walls — however, I don't want to get into a situation where the alleged victim shows up at any public appearance that Mr. Tomlinson would be required to appear (at)." Tomlinson, a Democrat, is up for reelection on Nov. 5 and is facing Republican Tony Cillo, a former assistant prosecutor under Tomlinson. Carroll said if Battistelli went to a fundraiser or campaign event of Tomlinson's, technically the no contact order would require him to leave. That was not the intent of the order, Carroll said, and he instructed special prosecutor Ronald O'Brien and attorney Kenny Lieux, who represents Battistelli, to warn her to avoid such a situation. "Any issues that should arise by her (Battistelli's) conduct could result in the dissolution of this order," Carroll said. "... it's meant to be a shield, not a sword." The rest of the arraignment was then continued to give Burge and Tomlinson time to obtain representation. They are set to appear before Carroll again at 2 p.m. on Oct. 16. Carroll found probable cause to file the charges against Tomlinson and Burge on Tuesday after he was presented with evidence by Capt. Robert Vansant of the Sheriff's Office. "He (Carroll) just hasn't seen all the evidence yet," Tomlinson said Thursday. "But he will." Election fast approaching In a brief statement made after the charges were filed on Tuesday, Tomlinson accused Sheriff Phil Stammitti, who is also a Democrat, of working to undermine Tomlinson's office and election chances. "This is just another feeble attempt by Sheriff Stammitti, in conspiracy with my predecessor, Dennis Will, and my opponent, Tony Cillo, to bypass the democratic process and interfere with this election," he said. Cillo said on Thursday that he had been the stronger candidate before Tomlinson was charged, and there was no need for him to politicize the charges. "From what I saw today, it's not political," Cillo said. "... Most disheartening for me is going to be the damage that this continues to do to the Prosecutor's Office. My fear is that people will still be reluctant to come forward, because they will fear that the Prosecutor's Office is crooked. It's very easy to tear down the reputation of an office, you can do that quickly, but to build it back up is going to take a heck of a lot of work." Lorain County Republican Party Chairman Bob Meilander referred to the issues between the Prosecutor's Office and Sheriff's Office as Democratic "infighting." "I have great concern on what's happening in the Prosecutor's Office," Meilander said in an emailed statement. "They've lost all credibility. If you care about effective leadership, I urge everyone to vote straight Republican. We need representatives who prioritizes the community over their own internal drama." County Democratic Chairwoman Sharon Sweda urged voters to let the legal process run its course as they would with any other case. "With this being a criminal case, it would be my hope that folks won't rush to judgment and will let this play out," Sweda said. "Last evening J.D. said that he is confident that he will be exonerated and we are all hopeful that once all facts are presented, he is correct." Burge said that he and Tomlinson would present "hard evidence and testimony" proving their innocence, but he was interrupted when a woman from the crowd of Tomlinson supporters yelled "Election interference by a desperate group." When asked specifically about allegations that he struck or "shook" Battistelli in his office, Tomlinson issued a firm denial of striking her, but was less decisive over the second accusation. "No, well, the evidence will — we can't talk too much about our case right now, but the evidence will be shown," Tomlinson said. Despite his feelings that the charges were intended to hurt him politically, while addressing media on Thursday Tomlinson said he was still confident he would win reelection. "No, I think we're gonna win," he said. "I think people see through this, I think they see the timing, they know the players that are involved and I think they can see it. I'm looking forward to the election." Contact Owen MacMillan at (440) 329-7123 or omacmillan@chroniclet.com.