
Sen. Nicole Mitchell, DFL-Woodbury, testifies at her burglary trial. Photo: Pool via The Forum of Fargo/Moorhead
A Becker County jury this afternoon found Sen. Nicole Mitchell, DFL-Woodbury, guilty of one count of felony burglary and one count of possession of burglary tools. The jury reached its verdict after deliberating for about three hours.
Mitchell admitted to breaking into her stepmother’s house in Detroit Lakes in the early morning of April 22, 2024. But she testified that she wasn’t committing a burglary but instead was checking on the welfare of the stepmother who has Alzheimer’s disease.
Becker County District Judge Michael Fritz told the jurors they needed to decide Mitchell’s intent was to commit a crime for her to be found guilty.
“Whether the crime was intended must be determined from all of the circumstances including the manner and time of entry or remaining in the dwelling, the nature of the dwelling and its contents, any items the defendant may have had in possession and all of the other evidence in this case,” Fritz read from his jury instructions.
Prosecutor Closing Argument
In his closing argument Friday, Becker County Attorney Brian McDonald, as he did in his opening statement, again quoted a statement Mitchell made to police at the home that morning: “I know I did something bad.”
McDonald interpreted that line: “Or rather the defendant knew she had done something bad but now she wants to lie about it.”
He reminded jurors Mitchell was dressed all in black and carrying a muted flashlight and prybar to supposedly conduct a welfare check. He also said on the police body cam video she says several times she drove from her home in Woodbury to retrieve some of her late father’s items. She did not mention she was there to check on her stepmother’s health at the house, in the squad car or at the jail.
“Her testimony was carefully crafted to protect the one person she cares about the most in this case – herself,” McDonald said, adding later, “What does your reason and common sense tell you?”
Defense Closing Argument
Defense attorney Bruce Ringstrom Jr. told jurors in his closing statement that his client told white lies to try to avoid upsetting her stepmother. He also said if Mitchell’s intent was to steal things she would never have left the basement where her late father’s belongings were.
Instead, she left the basement and entered her stepmother’s bedroom to check on her. “Going upstairs means welfare check,” Ringstrom said. “The moment you understand the real reason she was there, the welfare check, Nicole’s white lies make perfect sense.”
He added Mitchell did not mention the welfare check because law enforcement would tell her stepmother, who would become upset. To prevent that, Mitchell told a white lie, Ringstrom said. Mitchell also thought her stepmother, Carol Mitchell, could decide to drop the charges so she was avoiding escalating the situation.
“Unless the state can rule out that Nicole Mitchell entered just to check on Carol, then the verdict must be not guilty,” Ringstrom said..
Mitchell Testifies
Mitchell took the stand in her own defense Thursday, testifying that she broke into her stepmother’s home in Detroit Lakes last April to check on her health.
She said she lied when she told police after being arrested that she was there to gather items of her late father’s. She did that because she did not want to tell police about her stepmother’s Alzheimer’s disease because she was afraid she would enrage her.
“Sometimes to protect family members you have to lie,” she testified. She said she hoped to de-escalate the situation in hopes that her stepmother, Carol Mitchell, would not press charges.
“I understand that I did the wrong thing. To me, it felt different that it was my parents’ house, and I had a key, and I had been in and out of there for years.”
McDonald pointed out in cross examination that Mitchell was with police officers outside of her stepmother’s presence for much longer than she was in her presence, but never said she was checking on her stepmother. Mitchell later said under redirect by her attorney that Carol Mitchell was wandering around and she wasn’t sure where she was at all times so she was being careful not to upset her.
McDonald also asked: “It was necessary to dress clad in all black to check on Carol Mitchell?”
In her testimony, Mitchell said she considered Carol like a mother at one point in her life. But their relationship soured after her late father’s death and Carol’s Alzheimer’s worsened. Days before the break in, Mitchell accessed stepmother’s medical records without permission, and said what she saw made her decide to check on her welfare.
She also testified that a checklist found in her backpack said “cell” and “do not disturb.” She said she wanted to make sure her stepmother’s cell phone was not set on a mode where she could not be reached. She also said she wanted to make sure she wasn’t deleting contacts that her stepmother could need in an emergency. A note to “add tracking” referred to making sure the phone could be used to find her stepmother if needed.
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.
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