State Senator Nicole Mitchell’s criminal trial, originally set to begin Monday morning in the Becker County Courthouse in Detroit Lakes, has been delayed. The DFLer from Woodbury is charged with two felonies for allegedly breaking into the home of her stepmother.
As of Sunday afternoon, the court docket shows motion hearings set to begin Monday at 9 a.m. instead of a previously scheduled trial.
Police arrested Mitchell in the early morning hours of April 22, 2024, after finding her dressed in all black and hiding in the basement of the Detroit Lakes home of her stepmother, Carol Mitchell, who had called 911 to report an intruder.
The first-term state legislator is charged with one count of first-degree burglary and one count of possession of burglary tools. She allegedly used a crowbar to break into the house.
According to court documents, Mitchell told police she was there to retrieve items that belonged to her late father.
Mitchell, who is a former MPR News meteorologist, has pleaded not guilty. Despite the high profile nature of the case and much pretrial publicity, her defense team warns against jumping to conclusions.
“What we’ve heard so far in the media is the tip of the iceberg that is sticking out of the water,” said Dane DeKrey, one of Mitchell’s defense attorneys. “The point of a trial is to go under the water and show the giant piece of ice that hasn’t been seen and people don’t know about.”
“Let’s not rush to judgement,” DeKrey added. “Let’s not define what we know by that small tip poking out of the water, and let’s use this trial to see what's underneath, to give Senator Mitchell the fair shake that she deserves.”
Last week, Becker County Judge Michael Fritz rejected Mitchell’s motion to dismiss the possession of burglary tools charge and he denied the defense’s motion to gain access to Carroll Mitchell’s medical records related to Alzheimer’s disease.
University of St. Thomas law professor Mark Osler, a former state and federal prosecutor, told MPR News that the nature of the alleged crime makes this case unique among trials involving political figures.
“We have what, you know, often we regard as a street crime, as opposed to public corruption or a financial crime, which is much more common among politicians,” Osler said.
Even thought the case as charged may seem fairly straightforward, Osler said both the prosecution and the defense will have their work cut out for them.
“The fact that it’s kind of an intra family dispute underneath all of this does complicate it in terms of, you know, people can be conflicted about testifying,” Osler said. “You’ve got divided loyalties amongst other family members, and, you know, often mixed feelings all around and so it does complicate it in terms of the task of bringing forth testimony.”
The prosecution has indicated that Carol Mitchell will testify against her step-daughter. The two reportedly had not been speaking to each other. The media is being allowed to record audio and video of the trial, but Judge Fritz granted Carol Mitchell’s request to ban the news media from filming or recording her testimony.
Osler says one of the key things he’ll be watching for is to see if Mitchell testifies in her own defense. And even though the alleged crime didn’t have anything to do with Mitchell’s public office, he says there will likely be political fallout from the trial.
“It’s going to give the opposing party an opportunity to attack generally, their opponents, and that opens up a new area of examination amongst the public that we don’t have in run of the mill crimes," Osler said.
Becker County Attorney Brian McDonald did not respond to requests for comment. Jury selection is scheduled to begin Monday morning. Once the jury is selected, the prosecution and defense will make opening statements. Those could begin Monday afternoon or Tuesday. The entire trial is expected to last about five days.
