Former MN senator claims he's being unfairly prosecuted in teen solicitation case
Fmr. Sen. Justin Eichorn granted pre-trial release
Following a federal court hearing on Wednesday, former Minnesota Senator Justin Eichorn was granted a pre-trial release after prosecutors say he was busted as part of a prostitution sting where he allegedly tried to pay a teen girl for sex, and had an associate attempt to take a laptop before investigators could get to it.
(FOX 9) - Attorneys for Justin Eichorn, the former Minnesota senator accused of trying to meet with a teen prostitute who turned out to be an undercover cop, argue in new court documents he's being unfairly prosecuted because of his former status as a public official.
The arguments are part of a motion to dismiss filed by the defense last week.
MN senator charged
The backstory:
Minnesota Senator Justin Eichorn was arrested back in March as part of a prostitution sting in Bloomington.
Police say Eichorn had shown up to the sting looking to meet up with an undercover officer who had posed as a 17-year-old girl in text messages. Police say Eichorn had responded to a prostitution ad online and texted, trying to arrange a meetup time and a price.
In his truck, officers found cash and a condom.
Eichorn served Minnesota's 6th Senate District, which includes Grand Rapids.
The fallout:
Eichorn was initially charged in state court, but the charges were ultimately upgraded to federal charges.
After his arrest, Eichorn resigned from the Minnesota Senate, as his GOP colleagues moved to expel him from the chamber. In the weeks after the arrest, his wife also filed for divorce.
Eichorn fights to dismiss case
What we know:
In court filings this week, Eichorn's legal team is fighting for his indictment to be dismissed, saying the case should have never been moved to federal court.
They are arguing in part that the prosecution is acting vindictively due to his status as a public official.
The attorneys point out that in the state case, Eichorn would likely only face probation, since he doesn't have a criminal record. In fact, the attorneys say, one of the other defendants in the same sting has pleaded guilty and received probation. However, in the federal case, if convicted, Eichorn could face a minimum sentence of ten years in prison.
The motion also points to a news release issued by then-acting U.S. Attorney Lisa Kirkpatrick which stated: "The U.S. Attorney’s Office has no tolerance for public officials who violate federal law-particularly those laws meant to protect children."
What they're saying:
The defense's motion argues:
"The government is now attempting to regurgitate the same factual allegations alleged in state court in an indictment to vindictively retaliate against Mr. Eichorn simply because he is a public office holder and exercised his First Amendment right to political association and hold office," the motion reads. "Presumption of vindictiveness by the prosecution is established when one looks at the totality of Mr. Eichorn’s objective circumstances such as, the subject matter of the indictment, the fact that others are not being prosecuted, and the government’s assessment that he would not receive the desired sentence in state court. Mr. Eichorn would not have been prosecuted federally but for the personal animus against him arising from his political affiliation and public office."
Eichorn's attorneys also point out that 11 of the 13 other men charged in the Bloomington sting are not facing federal charges. Five men charged in a similar sting in Washington County are also not facing any federal charges, the attorneys add.