LORAIN COUNTY, Ohio — The race for Lorain County district attorney’s office has received increased attention as the incumbent fends off both a political challenger and criminal charges.

Voters casting ballots early at the Lorain County Board of Elections told News 5 they are largely focused on the top of the ticket.

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

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

Others highlighted the weight of local elections, but acknowledged that many of the smaller elections and issues seem less visible.

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

PROSECUTORS’ RACE AMID CRIMINAL CHARGES

Just steps from the elections office, street signs, billboards and posters attached to vehicles heavily advertised the race for Lorain County district attorney. A contingent of JD Tomlinson supporters sat in lawn chairs to show their support for the current prosecutor, while a van with a huge “Vote Against JD” sign toured the area.

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

Both men insisted on their innocence:

‘We are innocent’: Lorain County prosecutor and chief of staff deny criminal charges

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

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

The criminal charges allege that Tomlinson and Burge tried to convince the woman to drop her charges. They also claim 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 for the criminal investigation:

Court filings challenge criminal charges filed against Lorain County prosecutor

RELATED: Court filings challenge criminal charges filed against Lorain County prosecutor

The defense had hoped to present its arguments to the judge before the election, but a scheduling conflict with the visiting judge did not allow a preliminary hearing to be held until November 5.

WHAT DOES TOMLINSON SAY?

In an interview with News 5 this week, we asked Tomlinson why voters should trust him to uphold justice for the county as he faces his own criminal charges.

“I think they should know the motives for this accusation,” he replied.

Tomlinson was unable to discuss details of the criminal case, but he reiterated his innocence and insisted that the investigation itself was politically motivated.

News 5

“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 are my political rivals tasked with investigating me, but this is happening 30 days before an election.”

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

Former prosecutor Dennis Will, whom Tomlinson beat for his current position, is the sheriff’s administrative personnel officer. Current 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 noted that its law enforcement director was responsible for 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.

“A lot of exculpatory evidence was simply never provided. And I think that calling out this type of behavior is not something that brings many friends. It created enemies that I really didn’t expect,” he said.

The prosecutor also accused the sheriff of abusing his power to “invent” charges and reinstate machine politics before he retired at the end of the year.

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

SHERIFF’S RESPONSE

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

The Lorain County Sheriff’s Office investigates crimes committed by anyone in this county. It was Mr. Tomlinson who paid $100,000 of hard-earned taxpayer money to a former employee, and then tried to cover it up for over 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 anything like this. I even supported Mr. Tomlinson when he ran for Lorain County Prosecutor by giving him $500.00 in campaign donation and even took a picture with him outside the Sheriff’s Office of Lorain County. Does this sound like someone has a vendetta against him?

I had nothing to do with the Nancy Smith affair. I even knew her when I was a police officer in Lorain. Whatever happened in this affair, I had nothing to do with it.

I hired Dennis Will as my Administrative Personnel Officer and was fortunate to have an attorney who knows the personnel side of the laws. Tony Cillo was hired into the Lorain County Drug Task Force as Deputy Director to assist with daily operations to provide advice and assist in drafting search warrants, drug laws, to assist the human trafficking task force, etc.

Law Enforcement Director 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 state that they welcome an investigation, but have attempted to block our investigation every step of the way. If they haven’t done anything wrong, they have nothing to fear.

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

this prosecutor refused to let this happen and has been trying to suspend 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 against his rival.

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

News 5

He said the accusations against his opponent were egregious enough to damage the county’s reputation.

“For a lawyer, these are capital crimes. It’s like perjury. These are some of the worst things you can do as a lawyer, let alone be a prosecutor,” he said.

Prior to his current position with the Sheriff’s Office and working for the Ohio Attorney General, Cillo had a long career as a deputy prosecutor in the Lorain County Prosecutor’s Office. This role continued until the start of Tomlinson’s tenure.

“I probably didn’t like the way things were going to go, so I looked for another job,” he said, explaining that there was tension with Chief of Staff James Burge and that he felt the office culture was deteriorating.

Cillo, who is running as a Republican, has been criticized for changing parties over the years. Voter records indicate he voted in 5 Democratic primaries between 2012 and 2022. He says he decided to vote against Burge’s campaign for county judge.

“No one on the other side was running at the time. So my vote would have brought nothing to the primary,” he said. “I always only wanted to run for one party, the Republicans. This is what the archives show. »

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

THE FUTURE OF THE PROSECUTOR

Cillo believes his experience in the DA’s office would position him to guide its 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 most benefit from their talents.

Tomlinson touted Lorain County’s declining crime statistics as a success story. He believes his dual experience as a defense attorney and county attorney gives him valuable perspective, and that his management has fostered better communication between county agencies and departments.

Both men emphasize their backgrounds and character and hope voters will take notice.

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

Cillo said, “My desire is to do one thing: fix this office and get it back to a position where people can be proud of it again.” »

Whoever wins the race for prosecutors will serve a 4-year term.