DETROIT LAKES — The long-awaited felony burglary trial of Sen. Nicole Mitchell, DFL-Woodbury, begins Monday, July 14, 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.
Here’s a breakdown of what’s happened in the case against Mitchell since her arrest.
What happened on the day of the arrest, according to police
Mitchell told police she left her Woodbury home around 1 a.m. on April 22 — a Monday when the Legislature was still in session — and drove to her stepmother’s Detroit Lakes home, according to the amended criminal complaint.
The stepmother, Carol Mitchell, said she called 911 after finding a person on the floor next to her bed. Carol Mitchell later told the police she had stepped on the person, later identified as Nicole Mitchell, who then ran into the basement.
Officers found Mitchell in the basement dressed in black clothing and a black hat. During the arrest, Nicole Mitchell addressed her stepmother: “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,” the complaint states.
Roderick Mitchell, Nicole Mitchell’s father, died without a will in 2023, according to the complaint. A probate court awarded Carol Mitchell 100% of Roderick Mitchell’s estate.
Nicole Mitchell later told police that she hadn’t talked to Carol Mitchell in about a month.
“I have never done anything like this,” Mitchell told the officers. “You are going to find out I am a military commander for God’s sake.” Mitchell reiterated that “there were just a couple things of my dad’s I wanted to come get,” according to the complaint.
As an officer was reading Nicole Mitchell her Miranda rights, she said, “I’m just hoping, um, this mistake won’t completely f*ck up my life.” An officer told Mitchell she was being placed under arrest. Mitchell, according to the complaint, sat silently and became emotional. “My God, my military retirement. Shoot.”
Officers later found a backpack wedged into a sliding glass window in the basement. They found Mitchell’s driver’s license, Senate ID and a laptop inside the backpack, according to the complaint. Carol Mitchell later called law enforcement and said she found a blue crowbar next to an egress window that wasn’t hers. Police determined that the basement sliding glass window was too small for a person to fit into, so Mitchell likely entered the house through the egress window, according to the complaint.
What’s happened in the case since Mitchell’s arrest
Mitchell has pleaded not guilty to both felony charges.
Becker County Attorney Brian McDonald and Ringstrom, Mitchell’s attorney, last year agreed to a stipulation that the laptop found in Mitchell’s backpack was not stolen and the prosecution cannot argue that she tried to steal it.
The prosecution also asked Fritz, the judge, to order defense counsel to refrain from referring to Mitchell as “senator” in front of the jury, which Fritz denied.
The trial was initially scheduled to begin in January of this year, but the judge granted the defense’s motion to delay it until after the 2025 session finished, following a 2007 appellate ruling stating that legal proceedings involving legislators should be delayed until after the legislative session.
Last month, Fritz denied all pretrial motions from Mitchell’s defense. Mitchell’s attorneys asked Fritz to dismiss the possession of felony burglary tools charge, which was added 10 months after her arrest. The defense alleged this was “prosecutorial vindictiveness,” but the judge disagreed.
Fritz also denied the defense’s motion to access Carol Mitchell’s medical records related to an April 2024 doctor’s appointment at Sanford Medical Clinic in Fargo, which Mitchell’s attorneys say would reveal the extent of her stepmother’s decline.
Late last month, the prosecution asked the judge to preclude the defense from calling Mitchell’s stepfather and a man with whom Mitchell served in the military as witnesses. The judge has yet to rule on the prosecution’s motions.
The trial is expected to last five days.
Minnesota Reformer is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Minnesota Reformer maintains editorial independence. Contact Editor J. Patrick Coolican for questions: info@minnesotareformer.com.