
State Sen. Nicole Mitchell (DFL - Woodbury) on Minnesota Senate floor.
The trial for State Sen. Nicole Mitchell (DFL-Woodbury) on burglary charges begins Monday morning with jury selection. The outcome of the trial will have significant impact not only for Mitchell personally but for the voters of Woodbury and the narrow political balance in the Minnesota Senate.
Opening statements from prosecution and defense attorneys are expected Tuesday morning in front of Seventh Judicial District Chief Judge Michael Fritz in Detroit Lakes. Mitchell is charged with first-degree burglary and possession of burglary tools following her arrest on April 22, 2024, in Detroit Lakes after police allege they found her in her stepmother’s basement around 4:45 a.m. She denies both counts.
The criminal complaint states Mitchell was dressed in black and carrying a flashlight shaded with a black sock and made several statements at her stepmother’s home and on social media before consulting an attorney. According to the complaint, she spoke to her stepmother saying, “Carol, it’s Nicole. I was just trying to get a couple of my dad’s things because you wouldn’t talk to me anymore.” Her father, Roderick Mitchell, died without a will in 2023, and the probate court awarded his entire estate to his wife.
Minnesota burglary charges typically go to trial three to six months after arrest. This trial has been delayed for several reasons. The court granted a defense motion to delay the trial until the end of the legislative session, citing a 2007 appellate ruling stating that legal proceedings involving legislators should be delayed until after the legislative session. A further delay was granted after the shootings of Minnesota legislators last month.
Mitchell has resisted calls to resign from members of her own party, including Gov. Tim Waltz. In January, Democrats, who hold a one-seat margin in the Senate, all voted against taking up a motion to expel Mitchell that Republicans had brought forward. However, Senate Majority Leader Erin Murphy expelled Mitchell from caucus meetings and stripped her of her committee assignments.
“Sen. Mitchell is confident that taking this case to trial is the correct decision,” Bruce Ringstrom Jr., Mitchell’s defense attorney, told the Minnesota Reformer last month. “She understands that juries sometimes make decisions inconsistent with the evidence but is prepared to take that risk. Sen. Mitchell believes that if the jury holds the state to its burden of proof that she will be found not guilty.”
University of St. Thomas law professor Mark Osler, a former state and federal prosecutor, told MPR News the case presents challenges for the prosecution and the defense.
“The fact that it’s kind of an intra-family dispute underneath all of this does complicate it in terms of, you know, people can be conflicted about testifying,” Osler said. “You’ve got divided loyalties amongst other family members, and, you know, often mixed feelings all around and so it does complicate it in terms of the task of bringing forth testimony.”
If found guilty of first-degree burglary, Mitchell faces a maximum sentence of 20 years in prison, and if found guilty of possession of burglary tools, she faces a maximum sentence of three years in prison. However, Minnesota sentencing guidelines take multiple factors into account when imposing sentences and first-time offenders can have their sentences stayed so that they serve no jail time provided they don’t re-offend.
Even if convicted of a felony, Mitchell would not automatically be expelled from the Senate. It would require a majority vote in the Senate for that to happen. If it does, Walz would call a special election to fill the seat.
The trial is expected to last five days.
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