UPDATE: Ostrem gives insight into Rochester prostitution sting prosecution

Updates in prostitution sting case

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(ABC 6 News) Seven men were arrested in a prostitution sting case by the Rochester Police Department back in April, and Olmsted County Attorney Mark Ostrem gave a statement to ABC 6 News on what the prosecution could look like.

The seven men allegedly believed they were meeting with a 16-year-old girl, but instead were talking to the police.

The men are facing one count of felony solicitation of a minor under 18, but at least 16 years of age in Olmsted County Court, and are as follows:

  • Russell Jay Hodge, 48, of Hayfield. Hodge was arrested in a similar RPD prostitution sting in November of 2022. He pleaded guilty and received one year of probation in January of 2023.
  • Nicholas Bain, 24, of Rochester
  • Antonio Cruz Hernandez, 22, of Rochester
  • Benjamin Kinyon, 21, of Rochester
  • Nathan Robertson, 39, of Rochester
  • Andrew O’Neil, 50, of Kasson
  • Hilario Zenil, 48, of Rochester

They face a maximum sentence of five years in prison, a ten thousand dollar fine, or both.

The sentences could be higher for those who have faced similar charges in the past, like Hodge, who was charged in a similar sting in November 2022.

He pleaded guilty and was sentenced to one year of probation.

In a statement to ABC 6 News, Ostrem said a prior conviction could be used in a case against someone who is being charged with the same or similar crime.

“Such evidence can be useful to combat a defense of ‘I didn’t realize what I was doing was wrong,” Ostrem said.

However, the men are unlikely to face the maximum sentence, as sentencing guidelines for a person with no prior convictions are recommended a one-year and one-day sentence with up to five years supervised probation.