Ex-Sen. Justin Eichorn asks judge to identify undercover cop who posed for sex ad leading to arrest

Lawyers for former Sen. Justin Eichorn argued in U.S. District Court Wednesday that statements made by the U.S. Attorney’s Office show he is only being federally prosecuted for allegedly soliciting a minor for sex because he was a politician.

Magistrate Judge Shannon Elkins allowed Eichorn’s lawyer, Charles Hawkins, to pursue that line of questioning during testimony by a Bloomington Police Department officer and the FBI special agent currently in charge of Eichorn’s case.

The judge did not make a ruling on another argument Eichorn’s lawyers made, which is they need the identity of the undercover police officer who posted her photo in an online sex ad to which Eichorn responded.

Hawkins said that Eichorn told the undercover agent, “You look in your 20s” after seeing her photo. Hawkins argued that they need to subpoena the officer so she can testify under oath about her age because it could show Eichorn’s belief was that she was in her 20s.

Assistant U.S. Attorney Daniel Bobier said the only thing that mattered was how old the undercover officer claimed she was to Eichorn in the messages — stating three times she was 17.

“What if she’s 16, what if she’s 42, it doesn’t matter,” Bobier said.

Judge Elkins said that the photo and the age of the undercover seemed relevant but she wasn’t certain knowing the officer’s full identity was necessary.

Bobier pointed out later during the hearing that after Eichorn texted the undercover officer that she appeared to be in her 20s, the undercover responded she was absolutely 17 and if Eichorn wasn’t interested, “Bye.” To which Eichorn replied that he was interested and on his way.

Judge Elkins said she would take the request to identify the undercover officer under advisement but would not allow questions about it during the testimony of Bloomington police officer Kyle Maitrejean and FBI special agent Terry Getsch on Wednesday.

The other primary argument heard was whether Eichorn was being targeted for federal prosecution specifically because he was a Republican state senator representing District 6 in Crow Wing, Cass and and Itasca counties at the time of his arrest. He has since resigned his seat.

Bobier argued that the federal government had wide leeway to pursue criminal charges against anyone who violates a federal crime, as Eichorn is alleged to have done. Bobier said there are several examples of people being tried federally for this crime in recent years over sex stings just like the one that led to Eichorn’s arrest.

Hawkins said only Eichorn and three other people had been charged federally in this current sting carried out by the Brooklyn Park Police Department, which led to 19 arrests. Hawkins said the other defendants had criminal records, including one instance where a person had a previous conviction of soliciting sex with a minor.

As he discussed the difference in severity of punishment, Hawkins held up his hands like swaying scales.

“Clearly there is an animus that goes to vindicate prosecution based on the charges brought here,” Hawkins said.

Bobier said there was no viable argument that this was selective prosecution and that Eichorn’s criminal history was irrelevant. He added that Hawkins was an expensive lawyer and earning his pay, something that drew an immediate rebuke from Judge Elkins. Bobier said the reason the government was pursuing charges against Eichorn was because of the crime he is charged with committing.

“I think Mr. Eichorn should have robbed a bank before he attempted to have sex with a minor,” Bobier said.

Hawkins argued that this was the rare instance where proving a defendant was being targeted for selective prosecution was relatively easy. He pointed to a press release from Acting U.S. Attorney Lisa D. Kirkpatrick in March after Eichorn was arrested.