Sen. Nicole Mitchell (D-Woodbury) photo from Senate Media Services
DETROIT LAKES, Minn. (The Reformer) – The long-awaited felony burglary trial of Sen. Nicole Mitchell, DFL-Woodbury, begins Monday after multiple delays and the conclusion of two legislative sessions since her arrest.
Seventh Judicial District Chief Judge Michael Fritz last month delayed Mitchell’s trial, scheduled to begin on June 16, because of the assassination of Minnesota Rep. Melissa Hortman and the attempted assassination of Mitchell’s colleague, Sen. John Hoffman.
The trial, which is expected to play out like a messy family drama, will begin Monday in Detroit Lakes with jury selection; opening statements from the prosecution and defense are expected Monday afternoon or Tuesday.
Mitchell was arrested on April 22, 2024, in Detroit Lakes after police allege they found her in her stepmother’s basement around 4:45 a.m. She told police that she was attempting to retrieve some of her late father’s possessions, including his ashes, according to the amended criminal complaint.
In a Facebook statement shortly after her arrest, Mitchell denied stealing anything and said she drove to her stepmother’s Detroit Lakes home because she was concerned about the cognitive state of her stepmother, who she says suffers from Alzheimer’s.
“Unfortunately, I startled this close relative, exacerbating paranoia, and I was accused of stealing, which I absolutely deny,” Mitchell said in a Facebook statement.
Mitchell’s voluminous public statements and her interviews with police after the incident — without an attorney present, even though she herself is an attorney — have created a challenge for her at trial. In those comments, she admitted to being in a home that isn’t hers. Charging papers allege she said she was there to obtain disputed property. She will need to persuade the jury that the actions were justified.
This might be a tall feat in conservative Becker County, where the trial will be held. In 2024, Becker County voted for President Donald Trump over Kamala Harris by 33 percentage points, and jurors may not have a favorable opinion of a metro Democrat.
Mitchell has been charged with first-degree burglary and possession of burglary tools — police found a blue crowbar near an egress window where they say Mitchell broke into her stepmother’s home. If found guilty of first-degree burglary, Mitchell faces a maximum prison sentence of 20 years and if found guilty of possession of burglary tools she faces a maximum sentence of three years in prison.
Mitchell’s arrest set off a firestorm in the Minnesota Capitol, particularly in the Senate where Democrats hold a one-seat, 34-33 majority. Mitchell’s own vote has been the tie-breaker for multiple Democratic-Farmer-Labor-backed bills, especially last year. Senate Republicans have tried to oust her and prevent her from casting her crucial vote multiple times since her arrest.
The first-term senator has resisted calls to resign from her own party, including then Democratic-Farmer-Labor Party Chair Ken Martin and Gov. Tim Walz. Senate Majority Leader Erin Murphy expelled Mitchell from caucus meetings and stripped her of her committee assignments.
Last year, Mitchell didn’t speak on the Senate floor after her arrest and kept a low profile. The Woodbury senator has been speaking up on the floor about various bills this year, however, and lately she’s been posting her way through the charges, sharing photos of herself with constituents and students on her government social media accounts.
Bruce Ringstrom Jr., Mitchell’s defense attorney, in a statement to the Reformer last month said the senator is confident that jurors will find reasonable doubt in the case against Mitchell and ultimately find her not guilty.
“Sen. Mitchell is confident that taking this case to trial is the correct decision. 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,” Ringstrom said.
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