Attorney for Tomlinson, Burge responds to felony charges with filings in Elyria Municipal Court

ELYRIA — As his client faces arraignment on felony charges less than a month away from the general election, an attorney for Lorain County Prosecutor J.D. Tomlinson on Thursday filed a response to allegations Tomlinson abused a former girlfriend. The dozens of pages of filings allege a wide-ranging but so-far unproven conspiracy by Tomlinson's political opponents to use his former client/employee/girlfriend Jennifer Battistelli against him, ensuring he will lose the Nov. 5 election. It also appears to show that Tomlinson and his chief of staff, James Burge, have been contacting Battistelli — possibly in violation of a no-contact order and possibly evidence of witness tampering, one of her attorneys said. The elected prosecutor since 2021, Tomlinson is a Democrat in his first term. He is fighting both felony criminal charges as well as an election challenge from Republican Tony Cillo, a veteran trial prosecutor and the current associate director of the Lorain County Drug Task Force. Also charged in connection with the Battistelli affair is Burge, an attorney and former Lorain County Common Pleas judge who has long been Tomlinson's mentor. Burge has been Tomlinson's chief of staff at the Prosecutor's Office since 2021. There, he has courted controversy multiple times — including making a threatening move toward Cillo at a Lorain County Deputies Association candidate's night in November 2023. No charges were filed after that incident. Tomlinson and Burge were charged Oct. 1 in Elyria Municipal Court: Tomlinson on felony charges of intimidation, tampering with evidence and attempted bribery, and Burge on felony charges of intimidation and tampering with evidence. Tomlinson, 40, of Amherst, and Burge, 77, of Avon, are scheduled to be arraigned Wednesday before visiting Judge Patrick Carroll. Lorain County judges recused themselves to avoid the appearance of favoritism or impropriety. Attorney Michael Camera is defending both men, according to municipal court records. He filed a number of documents with the court Thursday. Both Burge and Tomlinson were booked Thursday at the Lorain County Jail. Neither man appeared to have had a booking photograph taken, which is typical for anyone booked at the jail on criminal charges. No such photos were posted Thursday on the jail website, where they are typically found for the majority of criminal defendants. The Chronicle-Telegram on Thursday requested Lorain County Sheriff's Capt. Robert Vansant provide the duo's booking photos. He did not respond to that request by deadline Thursday. In a text message Thursday to a Chronicle reporter, Tomlinson wrote that "our case is clearly set forth in our prehearing brief.""We will be ready to present it to the court. The evidence of our innocence is obvious. Sheriff (Phil) Stammitti, Dennis Will, Captain Bobby Vansant, and Tony Cillo will fail in their desperate attempt to weaponize the Sheriff's office to interfere with this election," he wrote. He did not respond to a further question about witness tampering allegations. Camera's filings In a filing Thursday that he titled "FACTS: Motives for this prosecution," Camera appeared to argue that Stammitti sought a criminal investigation, special prosecutor and grand jury to investigate Tomlinson "as he ran for reelection" in an attempt to harm his campaign. Stammitti is a Democrat in his final months as sheriff, a post he has held since 2001. He announced last year he wouldn't be running for reelection. The race is down to two veteran Lorain County law enforcenent officers: Democrat Rich Resendez, who is Tomlinson's chief of administrative operations, and Republican Jack Hall. Stammitti "hired two lawyers whose presence at the sheriff's department is relevant to sheriff's motive in pursuing thise case," Camera wrote, referring to Cillo and Will, the former elected Lorain County prosecutor whom Tomlinson defeated in the 2020 Democratic primary and who is now a member of Stammitt's command staff. Camera's filing called Cillo "a former disgruntled employee" hired by Stammitti only so he could make a living while running against Tomlinson. "I quit because my ethics weren't for sale," Cillo replied Thursday. According to Camera, Cillo also allegedly changed his political party from Democrat to Republican, according to Camera's filings. Cillo denied that. "I pulled petitions once in my life before this. Once when I pulled in 2001 against (former Judge Edward) Zaleski, and neither of us went forward. The next time I was nominated to replace (former county Prosecutor Jeffrey) Manning," he said. Cillo said he switched parties to Democrat only once: "In a primary to vote against Jim Burge," he said. Meanwhile, Tomlinson "didn't vote once in his life until 2016," Cillo said. (Again, Tomlinson did not return a phone call seeking further comment on Thursday's matters.) Battistelli also 'disgruntled' Battistelli resigned as Tomlinson's director of public relations and community outreach in August 2023. Shortly after, her attorney sent his office a draft federal Equal Employment Opportunity Commission complaint accusing him of abuse. The complaint never was filed, but Tomlinson paid Battistelli a $100,000 taxpayer-funded settlement out of his budget in October 2023. The Lorain County Board of Commissioners approved the payout, which immediately came under scrutiny. Both in her draft EEOC complaint and since, Battistelli has since accused Tomlinson of being abusive. Videos taken by Battistelli purporting to show physical, verbal and emotional abuse at Tomlinson's hands have been released. Tomlinson has denied abusing anyone. The allegations were part of the focus of a joint Sheriff's Office/FBI/State Auditor's investigation into Tomlinson that resulted in the Oct. 1 criminal charges. Camera further alleged in one 13-page filing that Battistelli is expected to testify on behalf of the prosecution that Burge and Tomlinson tried to intimidate her into signing false statements. Battistelli "via social media, has now placed in doubt, what she told the sheriff's detectives, essentially claiming that the charges against defendants are false and politically motivated," Camera alleged. Battistelli "clearly implies (via Facebook) that the sheriff and his deputies, together with one or more of her lawyers, have used her in a conspiracy to prosecute Tomlinson and, thus, to defeat him in this election." Camera's statements couldn't immediately be independently verified. Battistelli has consistently told The Chronicle "No comment." Attorney Kenneth Lieux, who has been representing Battistelli, confirmed Thursday that he does support Cillo for prosecutor. "Am I supporting Tony Cillo in his campaign for prosecutor? One hundred percent," he said, because Cillo "is the superior candidate." In response to an allegation Camera made in Thursday's filings, Lieux denied lying to Battistelli about a scheduled July 17 court hearing. He said she gave a voluntary statement to authorities about Tomlinson and Burge pressuring her to change her story. That statement is "damning" to Tomlinson and Burge, Lieux said, whom he alleged are trying to tamper with Battistelli as a witness. "That's why they're trying to squash it," he said. Camera further alleged that Battistelli contacted Tomlinson after several video and audio recordings from her phone were released in July and published in The Chronicle and at Chroniclet.com. "It would appear the purpose of furnishing these recordings to the newspaper was to embarrass Tomlinson as he runs for reelection, as both he and (Battistelli) can be heard arguing with on another, on these recordings, and (Battistelli's) speech (according to her) would reflect that she was profoundly under the influence of alcohol," Camera wrote. "She was not only embarrassed, she was furious." Tomlinson had blocked Battistelli's number and wasn't aware he had been recorded, according to his attorney. Battistelli then allegedly called a friend Tomlinson's "closest friend (name omitted), and asked him if he would patch her through to Tomlinson on his friend's phone so that she could discuss with him the publication of her recordings," Camera wrote. Both Battistelli and Tomlinson were upset by the recordings and Tomlinson by Battistelli and Lieux alleging Tomlinson had "smacked" her. Camera wrote that Tomlinson "continuously attempted to persuade (Battistelli) to admit, publicly, that he had never struck her and to join him in telling the truth. Though she made this admission tacitly, she still has never done so publicly," he wrote. The filings also paint Battistelli as a jealous ex-lover who "refused to tell the truth because Tomlinson was 'seeing' other women," Camera wrote. She also denied being the source of the leaked videos. Battistelli allegedly told Tomlinson she was called to Lieux's office to meet with Lieux, Stammitti, several sheriff's deputies, and Ron O'Brien, a former Franklin County prosecutor and the special prosecutor assigned to the case against Burge and Tomlinson. Camera alleged Battistelli "surreptitiously recorded the meeting," but gave up her cellphone at the request of a deputy even thought she didn't give permission for its contents to be downloaded by authorities. According to Camera's filing, there were also questions about whom Battistelli's attorneys truly are. The Chronicle is aware of three that Battistelli has used in the past year, but the filing mentions a fourth. O'Brien on Thursday said he hadn't seen Camera's filings. "Until I see the filings, I would have no comment," he said. Texts, other messages revealed Burge also met Aug. 7 with two FBI agents in August and provided them with documents involving conversations with himself, Battistelli and Tomlinson in the midst of the sheriff's investigation. One was an "account" that "might also assist Tomlinson in defending against the sheriff's petition for the appointment of a special prosecutor." The filing also contained alleged text messages between Battistelli and Tomlinson in which the prosecutor told her "We're going to get through this together." Tomlinson also allegedly offered Battistellli first $100, then $500, to eat dinner with him after she made her allegations. In his client's defense to the alleged attempted bribery, Camera wrote that Battistelli "would have to acknowledge that, in her experience with Tomlinson and his money, neither payment would ever have been made." Attached to Camera's filings are multiple text messages between Burge and an FBI agent, and some social media posts purportedly made by Battistelli that couldn't immediately be verified. Also included were text messages that allegedly passed between Battistelli and Vansant — who have been longtime friends — that Tomlinson alleges are salacious. In one, Battistelli appears to reference the size of Vansant's genitals, and the two talk back and forth about love and relationships. They appear to have been sent during several weeks one May, though there is no year attached to the date. In another set of texts or other messages, which Camera wrote he intended to use when cross-examining Vansant and Battistelli at a potential court hearing, an account named "Bobby Vansant577" and another who may or may not be Battistelli — the account name and avatar are redacted — discuss working out, flirting, sharing "pics," and drinking alcohol. In one message, dated Jan. 11, year unknown, the Vansant account writes: "Girl ... JD sold you out in the paper. When are you going to set him start [sic] and get back at him for how he's doing you? It's not right at all just saying." That could refer to an article that day in The Chronicle titled "Questions remain over $100,000 payout to former J.D. Tomlinson employee." In it, documents found in Battistelli's personnel file lay out what happened in the Prosecutor's Office prior to her resignation and the eventual settlement. The following Jan. 17, the Vansant account asks Battistelli to meet with him and an FBI agent for "questions about JD and your settlement" and tells her she could get "whistleblower status." Copies of other texts and Facebook messages purport to be between Battistelli and Tomlinson's mother, Marie, but lack dates, context or verification. The Chronicle could not independently verify any of the messages. Lieux: Filing 'categorically false' Lieux on Thursday called Burge, Tomlinson and Camera's accusations "categorically false and slanderous." As part of a criminal investigation, Battistelli "appeared pursuant to subpoena. Ron O'Brien came to my office with Capt. Vansant, and she consented to a voluntary interview and it was all recorded," he said. The transcript of the interview will show that, Lieux said. It was Battistelli who went to Lieux because she was being pressured by Burge and Tomlinson to change her story, Lieux said. He said Camera's filing was inappropriate because the final stop for the felony charges isn't in municipal court, but in Common Pleas Court if a grand jury finds enough evidence to indict. Lieux said Burge and Tomlinson are tampering with a witness. "They're communicating with her in some way or fashion, have been attempting to communicate with her for months, to get her to alter her story," he said. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.