Prosecutors and attorneys for former State Sen. Justin Eichorn are both objecting to a judge’s decision that allows the defense access to some identifying information about an undercover officer involved in his arrest.
U.S. Magistrate Judge Shannon G. Elkins ordered the government last month to provide the true date of birth of the officer, who posed for photographs in the underage sex sting operation led by the Bloomington Police Department.
Eichorn, 41, of Grand Rapids, was one of 15 people arrested in the operation last March. He was serving in the Minnesota Legislature at the time and resigned from his seat days later.
The defense argued that the officer’s true age was relevant to whether Eichorn reasonably believed he was communicating with a 17-year-old girl or an adult woman at the time, and knowing her full identity would allow them to call the officer as a witness.
Elkins sided with the defense on the age of the officer, saying the photos were a key part of the sting operation, but declined to rule on the admissibility of the officer’s age at trial.
The magistrate judge said other identifying information was not material to the defense, because the officer only posed for photographs, and did not communicate with Eichorn or participate in his arrest.
In dual filings on Jan. 2, prosecutors and the defense team are separately asking a federal district judge to overturn unfavorable parts of the earlier ruling.
The U.S. Attorney’s Office wrote that the officer’s age was not materially relevant, referencing federal law, which they say considers whether Eichorn believed he was communicating with a minor at the time.
Prosecutors also argue that ordering disclosure of identifying information will improperly weaken long-standing protections for undercover law enforcement.
The defense argues the court went too far in shielding the officer’s identity, and hinders Eichorn’s right to present a complete defense.
His attorneys are also asking the judge to reopen claims of selective prosecution, vindictive prosecution, and the legality of his arrest and vehicle search.
Elkins rejected the former senator’s previous claims and declined to dismiss his federal indictment.
A new hearing date has not been set.
