To the prosecutor, the case against Sen. Nicole Mitchell, DFL-Woodbury, is simple. She broke into her mother-in-law’s house intent on taking back items of her late father’s – actions that add up to felony burglary. To the defense, Mitchell’s intent was to check on her mother-in-law, adding that the context of her actions needs to be considered.
Their opening statements began day two of Mitchell’s criminal trial in Becker County District County in Detroit Lakes. Mitchell faces a count of felony burglary and a count of felony possession of burglary tools. She was arrested in her mother-in-law’s home in Detroit Lakes on the night of April 22, 2024.
Prosecutor’s Opening Statement
Becker County Attorney Brian McDonald said police body cam video recorded a telling statement from Mitchell: “I know I did something bad.” McDonald told the jurors to remember those words throughout the trial.
“This case won’t be about speculation. It won’t be about trying to read between any lines,” McDonald said. “This case will be about what the defendant did, what she admitted to, and what you will see and hear with your own eyes and ears.”
McDonald said Mitchell was in her mother-in-law’s house uninvited, after prying open a basement window with a crowbar to enter. She was dressed all in black, including a stocking cap. She removed her shoes in the basement to try to be stealthier, he added, but she woke Carol who called 911.
McDonald said on the video Nicole said: “I was just trying to get a few of my Dad’s things because you wouldn’t talk to me.”
After Roderick Mitchell, Nicole’s father and Carol’s husband, died a probate court awarded his entire estate to Carol.
McDonald added: “Her words make it clear she was there to take items and under law that is all that is required to prove burglary – unlawful entry with intent to commit a crime inside.”
Defense Opening Statement
Mitchell’s defense attorney Bruce Ringstrom Jr. said Nicole realized that Carol had Alzheimer’s disease, and it was worse than Carol understood. She was checking on her mother-in-law that night and resorted to breaking in through the basement window because Carol had started barricading her doors, he added.
“When you’re checking on a paranoid loved one and hoping they don’t notice, you take great pains to be unnoticed,” Ringstrom Jr. said.
He added that the clothes Mitchell was wearing, as well as any tools she had with her, are not evidence of burglary. “What matters for burglary is that they got in without permission and they intended to commit a crime inside the building. Nobody should be convicted of a burglary because what they did makes you feel icky.”
Ringstrom said Nicole did not tell police officers about her concerns about Carol’s health because if she did “Carol Mitchell is going to be truly outraged and fearful of being put in an assisted living facility.”
He added that the body cam video shows Nicole cooperated with the officers. “A burglar runs, a concerned child stays,” he said.
He said the prosecution must prove Nicole Mitchell’’s intent. “We’re not disputing that Nicole entered without consent. She did. There are two possibilities. Nicole entered to steal something or Nicole Mitchell entered to check on Carol. Unless the state’s evidence can rule out that Nicole Mitchell entered just to check on Carol Mitchell then the verdict must be not guilty.”
After the opening statements, testimony began from witnesses, including Carol Mitchell. The Minnesota Star Tribune reported that she struggled to answer questions and forgot key dates and family member’s names. Police body cam video also was played for the jury.
The trial began Monday and is expected to conclude this week.
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 may not be automatically expelled from the Senate. A majority vote in the Senate could expel her. If that happens, Gov. Tim Walz would call a special election to fill the seat.
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