WOODBURY, MN (WNN) – The Minnesota Court of Appeals has instructed a lower court to reconsider its ruling that blocked the release of bodycam footage of the burglary arrest of Sen. Nicole Mitchell, DFL-Woodbury.

Alpha News, a conservative website, asked a Becker County judge to release the video, arguing the public had a right to see the footage since the case involves a public official. The state’s Data Practices Act states that bodycam video from active criminal investigations is usually not released to the public unless “the benefit to the person bringing the action or to the public outweighs any harm to the public, to the agency or to the person identified in the data.”

The Court of Appeals ruling states: “We have carefully reviewed the district court’s order, but we cannot discern whether the district court properly construed the meaning of the phrase “benefit . . . to the public”….. We therefore reverse the district court’s order and remand for the court to reconsider Alpha News’ request.”

Judge Gretchen Thilmony ruled last July that Mitchell’s rights outweigh the public’s interests in seeing the footage.

In a news release, Upper Midwest Law Center, the conservative advocacy group, that represents Alpha News, stated: “The ruling clarifies that releasing the footage would help Minnesotans hold elected officials accountable, which is a benefit to the public that the district court should have considered.”

Bruce Ringstrom, Mitchell’s attorney, told Minnesota Public Radio that releasing the video would cause a problem for jury selection. “The judge presiding over the criminal case has already ordered that video coverage of the trial is allowed,” Ringstrom said. “Release of the evidence before the criminal trial jeopardizes due process.”

Mitchell’s trial is scheduled for June after the legislative session ends. She faces two felony burglary counts for allegedly breaking into her mother-in-law’s house in Detroit Lakes. She denies the charges and has resisted calls to resign her office.