WOODBURY, MN (WNN) – A judge has denied a motion by state Sen. Nicole Mitchell (DFL-Woodbury) to dismiss one of two felony burglary counts she faces. Becker County District Judge Michael Fritz’s ruling means the trial will proceed next week as scheduled with the jury considering both counts.

Attorneys for Mitchell argued that the prosecutor exhibited vindictiveness by adding a second charge of possessing burglary tools to her case in February.

“There is no presumption that the prosecutor was vindictive here because this claim relates to a pretrial prosecutorial decision: amending the complaint to add a second charge,” the judge’s ruling states. “Accordingly, the defense ‘retains the burden of proving prosecutorial vindictiveness.’ That burden has not been met.”

The judge also rejected Mitchell’s argument that the new charge violates her due process rights: “There is no evidence of any specific due process violation in this case. The defense cites no court rule, statute or law.”

After the second count was added, Republicans amended their ethics complaint against Mitchell, who they argue should be expelled from the Senate.

Mitchell allegedly broke into the home that her late father shared with her stepmother in Detroit Lakes. Mitchell denies the charges.

The jury trial is scheduled to begin Monday at 8:30 a.m.

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