CLEVELAND, Ohio — Lorain County Prosecutor J.D. Tomlinson was accused Tuesday of tampering with evidence in a case that authorities say stems from an office romance.
Lorain County sheriff’s deputies filed charges in Elyria Municipal Court against Tomlinson and his chief of staff, James Burge. Elyria Law Director Amanda Deery appointed Ronald O’Brien, a former Franklin County prosecutor, as the special prosecutor in the case.
Tomlinson was charged with tampering, intimidation and attempted bribery. Burge was charged with tampering and intimidation. They are to be arraigned Thursday in Elyria Municipal Court.
Ohio Supreme Court Justice Sharon Kennedy appointed Patrick Carroll, a retired Lakewood Municipal Court judge, to oversee the case.
The filings come weeks before Tomlinson, a Democrat, faces Republican Anthony Cillo, a former longtime assistant county prosecutor who handled major cases in the office for several years.
Tomlinson, in a statement, blamed the charges against him and Burge on politics, calling them a “feeble attempt to bypass the democratic process and interfere with this election.”
He also said Sheriff Phil Stammitti created positions for Cillo and Tomlinson’s predecessor, Dennis Will, who is now Stammitti’s chief of staff, “specifically to achieve this goal, on the taxpayers’ dime.” Cillo is the associate director of the county’s drug task force, a unit run by the sheriff’s department.
Will declined to comment.
The case stems from a months-long investigation by the FBI, the Ohio auditor’s office and Lorain County sheriff’s deputies. The probe focused on a $100,000 payment to Jennifer Battistelli, who dated and worked for Tomlinson in the prosecutor’s office, according to an affidavit filed by Robert Van Sant, a captain with the sheriff’s department.
The document includes allegations that Tomlinson “had grabbed her by the shoulders and shook Battistelli and that he was holding her employment over her head to engage in a sexual relationship with Battistelli,” Van Sant wrote. The document also includes Battistelli’s claim that Tomlinson had slapped her in the face.
The filing indicates that Battistelli co-signed for Tomlinson’s car, as well as for credit cards, and would buy many of his clothes.
Battistelli worked for Tomlinson as an outreach coordinator, which she began in January 2021, when the prosecutor took office. The document indicates that the couple often argued, and Burge, Tomlinson’s chief of staff, sought to calm them and “try to be a referee.”
Two years later, in October 2023, Battistelli received a $100,000 payment from the prosecutor’s office as a settlement when she left her job working for Tomlinson. Van Sant quoted Commissioner Michelle Hung, who said the payment lacked transparency. She thought the funds were for legal bills, according to the affidavit.
An attorney for Battistelli, Jack Moran, told Tomlinson and Burge that Battistelli would file a complaint with the Equal Employment Opportunity Commission that said Tomlinson had grabbed her by the shoulders and shook her Aug. 15, 2023, according to a court filing.
The court filing indicates that Burge and Tomlinson pushed for Battistelli to offer a different version of what they claim took place. The document says Tomlinson and Burge “have tried to tamper with Battistelli, a crucial witness, by urging and soliciting her to adopt a false narrative to undermine the investigation.”
Another attorney for Battistelli, Kenneth Lieux, told investigators that he became upset that Burge and Tomlinson reached out to his client repeatedly, even though they knew she had him as an attorney, according to the affidavit.
Lieux said Burge reached out to Battistelli and said that he and Tomlinson needed her help “or they would lose their jobs,” Van Sant’s affidavit shows. Battistelli told investigators that Tomlinson would call or text her as many as 100 times a day to talk with her, according to the filing.
The intimidation charge stems from Burge and Tomlinson criticizing and attacking Lieux’s representation of Battistelli.
The attempted bribery charge involves Tomlinson offering Battistelli $500 to meet her for dinner, the document alleges.
Attempts to reach Battistelli and Lieux were unsuccessful.
The affidavit indicates that Battistelli and Tomlinson continued to see each other after the $100,000 settlement. They met in August in Montana.
At one point, Battistelli said Tomlinson became irate, refusing to allow her to go to her room and “jumping up and down and screaming at her,” according to the affidavit.
She snuck out and left for the airport, according to the document. Battistelli said Tomlinson called her more than 100 times before she boarded the plane, the filing shows.
