Eichorn seeks dismissal of sex sting charge over vindictive prosecution

ST. PAUL — Former state Sen. Justin Eichorn of Grand Rapids asked a federal court to dismiss the charge against him for soliciting a minor for prostitution.

Eichorn's attorneys argue the indictment must be dismissed on the grounds of vindictive and selective prosecution.

He was initially charged by Hennepin County for a state-level crime after his March arrest in Bloomington. The arrest led to Eichorn’s resignation from the state Senate and a special election to replace him before the end of the legislative session.

He is one of several men facing charges after he allegedly agreed to buy sex from an undercover officer he believed to be a 17-year-old girl. But just Eichorn and one other are charged at the federal level, which carries a tougher maximum sentence of 10 years compared to five years. If the case remained in state court, the motion argued Eichorn would have faced a presumptive probationary sentence based on his lack of criminal record.

The motion stated the prosecution is motivated to punish Eichorn with more prison time “simply because he is a public office holder.” Eichorn’s attorneys pointed to a news release from the U.S. Attorney’s Office that stated the office “has no tolerance for public officials who violate federal law — particularly those laws meant to protect children.”

"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 stated.

" ... There is no reason, other than personal animus, based upon his public office, that the government chose to remove Mr. Eichorn's prosecution from the other state court cases."

Eichorn also seeks to suppress evidence alleged to have been obtained through illegal search and seizure, claiming the arrest was warrantless without probable cause. The documents say Eichorn had “abandoned any attempt to engage in prostitution.”

According to the narrative of the events, on the day of the arrest, Eichorn exited his vehicle and walked around the parking lot looking at his phone before crossing a restaurant parking lot and an apartment complex parking lot through a treed area. He then stopped and retraced his steps back through the trees to his vehicle. He had shut off his phone and did not receive a confirmation text for the meeting, the motion stated.

A motion hearing is set for July 8.