DFL Sen. Mitchell seeks to delay burglary trial until after legislative session

BECKER CO., Minn. (FOX 9) - Minnesota DFL Sen. Nicole Mitchell has filed a motion to delay a trial stemming from burglary charges in Becker County until after the 2025 legislative session – an act that one GOP Senator says puts the chamber "in disrepute."

Sen. Mitchell alleged burglary

The backstory:

A criminal complaint states Detroit Lakes police responded to a reported burglary at a home around 4:45 a.m. on April 22, 2024.

At the scene, police found Mitchell in the home's basement dressed in all black. Officers say they also found a flashlight covered with a black sock nearby.

Mitchell reportedly told investigators she was "just trying to get some of my dad's things" and added "clearly, I'm not good at this." 

The complaint states Mitchell explained to police that her father had just died, and she wanted sentimental items her stepmother refused to give to her.

Mitchell said those include her father's ashes, pictures, clothes and other sentimental items.

Police later released a transcript of the 911 call initially placed around 4:45 a.m.

Motion to delay trial

What we know:

In a motion filed in Becker County, Sen. Mitchell sought to move her trial date until after May 19, 2025.

The motion cites a 2007 Court of Appeals decision that ruled, "No cause or proceeding in which a member of the Legislature is a party, attorney, or witness shall be tried or heard during a session of the Legislature, or while the member… is attending a meeting of a legislative committee or commission when the Legislature is not in session… The matter shall be continued until the Legislature or  the committee or commission meeting has adjourned."

As part of the motion, Sen. Mitchell also requested permission to appear remotely for a Jan. 14 court hearing – the first day the Legislature is set to convene in St. Paul.

Following the motion, Senate Republican Leader Mark Johnson (R-East Grand Forks) released the following statement:

"Sen. Mitchell’s motion today delays justice for her victim and further delays an orderly Senate session as she continues to bring the reputation of the Senate into disrepute. The Senate cannot tell the Judiciary what to do, but we can and should hold our own members accountable. Senate Republicans stand by our previous votes to not allow her to vote, to not count her vote, and to remove her from the body. We expect the Senate Democrats who called for her resignation will join us in our efforts this session."

Meanwhile, Senate Majority Leader Erin Murphy (DFL-St. Paul), released the following statement: "Senator Mitchell, by asking to continue her trial, is acting in her self-interest as an individual and a legislator, and that is her right. However, we saw last session how the Republicans used her pending court case as a way to disrupt the work of the Senate. I have been looking forward to the resolution of her case. The Senate DFL Caucus is ready to get back to the work of the people of Minnesota."

Not guilty plea

The other side:

In August, Sen. Mitchell pleaded not guilty to the burglary charge.

Mitchell shared a Facebook post shortly after the incident in which she denied she had entered the home to steal anything.

The post reads:

"Like so many families, mine is dealing with the pain of watching a loved one decline due to Alzheimer's and associated paranoia.

"Over the weekend, I learned of medical information which caused me grave concern and prompted me to check on that family member. I entered a home I have come and gone from countless times in the past 20 years, where my son even once had his own room.

"Unfortunately, I startled this close relative, exacerbating paranoia, and I was accused of stealing, which I absolutely deny.

"Thank you to all my friends (and colleagues of both parties) for the kind words of support and for trusting my character even before I had a chance to respond.

"This has been a true tragedy for our family and my hope is it can return to being a private matter."

Mitchell is serving her first term as a DFL state senator who represents Woodbury after being elected in 2022. She is the vice chair of the State and Local Government and Veterans Committee. Before entering politics, Mitchell was a TV meteorologist in the Twin Cities. She also serves as a lieutenant commander in the Air National Guard.