ST. PAUL — Prosecutors have asked to keep former state Sen. Justin Eichorn in jail until his trial after he allegedly lied in court and attempted to obstruct the investigation into his attempt to solicit a minor for paid sex.
In a motion filed Sunday, March 23, seeking to reopen his detention hearing, Acting U.S. Attorney Lisa D. Kirkpatrick said since his arrest, Eichorn lied about having a gun in his St. Paul apartment and sought help from a "close associate" to remove a laptop from that residence. The FBI also located a factory-reset cellphone after searching the apartment, which investigators said could indicate an attempt to erase digital evidence.
Eichorn was arrested March 17 after authorities say he attempted to buy sex from an undercover officer he believed to be a 17-year-old offering prostitution services in an online ad. The Grand Rapids Republican resigned from the Senate three days later under pressure from both state parties and the Senate Republican Caucus, which vowed to otherwise expel him.
Eichorn faces one felony federal charge of agreeing to hire a person under 18 years old for prostitution, which carries a maximum penalty of 15 years. He is set to appear again in court on Wednesday, at which time he was originally expected to be released to a halfway house once a bed became available. Prosecutors are arguing that instead, he should remain incarcerated because he poses a flight risk and a danger to the community.
"Eichorn’s post-arrest conduct, including his lie to pretrial services concerning his possession of a gun, make clear that he does not intend to be truthful or to respect legal process," the motion states. "Instead, his conduct strongly suggests a willingness — and actual steps taken — to frustrate the ongoing child-sex investigation into his conduct."
Those steps include — through jail phone calls — arranging for an unnamed female associate, or "Individual A," to travel from Grand Rapids to retrieve a laptop that the FBI later found inside a red bag on a counter in the apartment. A handgun and ammunition were also found inside the bag, along with the reset cellphone, $1,000 cash and an SD card.
One of Eichorn's conditions of release required he not possess firearms, and he told the pretrial services office he did not have a gun in the apartment he lives in during the legislative session, the motion states. He then suggested he could live in that apartment if he were to be released.
“This alone is enough to detain Eichorn. Permitting defendants released pending trial to retain access to firearms poses significant dangers to the community,” the motion stated.
According to the presented evidence, the female associate arrived at the apartment Friday morning as a search warrant was already being executed. She asked FBI agents to enter the apartment and when they told her no, she asked if she could retrieve the computer, "which she said was used for her business." The FBI agents again told her no.
After the woman left, agents contacted her and asked her to return for an interview. She asked whether she was "legally required to," the motion states, and when she was told she was not, she declined.
"In the midst of these seismic events in his life, one of his and Individual A’s top priorities was the retrieval of a laptop computer from Eichorn’s apartment, some three hours from his family home," the motion stated.
"To be clear, the government does not yet know what, if any, evidence may be found on that device. But these events seriously trouble the government and appear plainly to be obstructive. This conduct, too, is enough on its own to warrant detention."
In the recorded jail phone conversations between Eichorn and the woman, he also allegedly asked her to retrieve a ring. He said his ring was broken when "they got me" and told her he had an extra one in the apartment. He asked her if it was OK with her that she retrieve it.
"I will grab whatever you need me to grab," she replied, according to the transcript.
More on the case
The Bloomington Police Department arrested Eichorn on March 17 at the 6800 block of Normandale Avenue in Bloomington, after he arrived in a pickup truck to meet who he apparently believed was a sex worker. Uniformed officers searched Eichorn's vehicle and found two cellphones, a condom and $129 cash.
Charges were filed at both the state level and federal level against Eichorn. The Hennepin County Attorney's Office later announced it would drop its case because of the federal charge, describing the act as common practice.
Both complaints stated that between March 11-13 and again on March 17, Eichorn contacted the undercover officer through an online prostitution ad. He requested rates for "Qv or hhr," which according to police, stands for "quick visit" or a half-hour of time for sexual conduct. The officer told Eichorn she was 17 years old at least two separate times over the course of the conversations.
"The defendant [Eichorn] discussed 'age of consent' and asked for pictures ... to make him feel more comfortable," the complaint stated. "The defendant asked how much more it would cost for 'bare' which refers to sexual conduct without use of a condom."
According to the federal complaint, Eichorn stated that he thought the age of consent was 17 before later texting, "It's [sic] says age of consent is 16 ...... over 18 is in a position of authority over you like a teacher or friends parent."
He ultimately showed up at an agreed-upon address and was arrested.
