Prominent Democrat just hit with a felony charge

Minnesota State Senator Nicole Mitchell, a first-term Democrat representing Woodbury, was found guilty of felony burglary by a Detroit Lakes jury on Friday, a verdict that could have significant repercussions for the balance of power in the Minnesota Senate. The jury delivered its decision—guilty on charges of first-degree burglary and possession of burglary tools—just hours after the conclusion of closing arguments.

Mitchell did not speak to reporters immediately following the verdict. However, her defense attorney, Dane DeKrey, confirmed that she plans to appeal the ruling, emphasizing that the legal process is far from over. “We intend to challenge this verdict and pursue all available legal avenues,” DeKrey told the Star Tribune.

The verdict comes amid heightened scrutiny of Mitchell’s position in the State Capitol, where Democrats hold a slim one-seat majority. A guilty ruling could potentially upset that fragile balance, depending on her next steps. Senate Majority Leader Erin Murphy indicated that Mitchell had communicated an intention to resign if found guilty, a pledge that many expect she will now honor. Meanwhile, Governor Tim Walz’s office stated that the governor anticipates Mitchell’s resignation and noted that details regarding a special election would follow.

Background: The Arrest and Charges

Mitchell, a former meteorologist and lieutenant colonel in the Air National Guard, has faced pressure to step down since her arrest on the morning of April 22, 2024. Police apprehended her at her stepmother’s home in Detroit Lakes following a report of a burglary. According to the criminal complaint and body camera footage, Mitchell was found in the basement dressed in black. At the time, she told officers that she was there to retrieve items belonging to her late father.

However, Mitchell later clarified her intentions, denying that she had intended to steal anything. Instead, she claimed she entered the home to check on her stepmother, citing concerns over her stepmother’s Alzheimer’s disease and associated paranoia. During her trial, Mitchell admitted to trespassing in the home and acknowledged lying to the police about her reasons for being there. She maintained, however, that her actions were motivated by concern for her ailing stepmother rather than criminal intent.

In his closing arguments, Mitchell’s attorney emphasized the difference between burglary and trespassing, suggesting that the state could not definitively prove that she intended to commit theft. “The evidence does not rule out the possibility that Nicole Mitchell entered just to check on Carol,” he argued, highlighting her family obligations as context for her actions.

Prosecution’s Case

Prosecutors countered that Mitchell’s explanations did not align with her actions. They focused on the items she brought with her, including latex gloves and a small crowbar, arguing that these tools indicated preparation for theft rather than a simple visit. Becker County Attorney Brian McDonald questioned the plausibility of her defense in his closing statement: “Who packs a freaking prybar just in case?”

The jury ultimately sided with the prosecution, concluding that Mitchell had committed first-degree burglary and possessed burglary tools with the intent to commit a crime. The felony burglary conviction carries a minimum sentence of six months in jail and a maximum penalty of 20 years, though a formal sentencing date has not yet been scheduled.

Political Implications

Mitchell’s conviction carries potential ramifications beyond her personal legal situation. The Minnesota Senate’s narrow Democratic majority has been effectively bolstered by her presence, as she was able to cast pivotal votes on key legislation, budget measures, and procedural resolutions. In recent years, her vote often served as the deciding factor in party-line splits, influencing major components of the DFL’s legislative agenda in 2024.

Despite the arrest and subsequent charges, Mitchell resisted calls from Republican legislators to resign. While some Democratic leaders, including Governor Walz, expressed that stepping down might be appropriate, the Senate DFL Caucus repeatedly blocked GOP efforts to remove her from office. Advocates for due process, including Senate Majority Leader Murphy, highlighted the principle that elected officials are entitled to continue serving while legal proceedings are pending. “Nicole Mitchell has a right to due process, and that right has been upheld throughout this process,” Murphy said prior to the verdict.

Next Steps

With the guilty verdict in place, attention now turns to Mitchell’s immediate plans and the potential response from the Minnesota Legislature. Murphy issued a statement shortly after the verdict, indicating that she expects Mitchell to honor her pledge to resign if found guilty. If Mitchell does step down, Governor Walz would need to schedule a special election to fill her Senate seat, potentially reshaping the chamber’s balance of power.

If Mitchell chooses not to resign, the governor could convene a special session of the Legislature to consider an expulsion vote. Expelling a member of the Senate requires a two-thirds majority, a high threshold that would demand bipartisan agreement. The situation presents a complex political and procedural scenario, highlighting the intersection of legal accountability and legislative governance.

Public Reaction and Context

Public reaction to Mitchell’s verdict has been mixed. Some constituents view her actions as a serious breach of trust, particularly given her status as a first-term legislator with a responsibility to uphold the law. Others, however, have expressed sympathy for her claims that her intentions were rooted in concern for her stepmother’s well-being, emphasizing that her military service and professional background suggest a history of civic responsibility.

Mitchell’s case also underscores broader questions about the role of elected officials who face criminal charges while in office. The debate balances the principles of due process against the practical need for a functional legislative body. In Minnesota’s closely divided Senate, each seat carries amplified significance, making the outcome of Mitchell’s next steps critical for both parties.

Summary

In summary, Minnesota State Senator Nicole Mitchell’s guilty verdict for felony burglary and possession of burglary tools has brought her legal challenges and political career into sharp focus. Found guilty by a Detroit Lakes jury, Mitchell faces potential jail time ranging from six months to 20 years, though she has indicated plans to appeal the decision. The conviction also raises questions about her future in the Senate, where Democrats hold a slim one-seat majority.

While she has pledged to resign if found guilty, the timing and process of her departure could have far-reaching consequences for legislative dynamics in Minnesota. Governor Walz and Senate leadership are closely monitoring the situation, with the possibility of a special election or even an expulsion vote if Mitchell does not step down voluntarily.

As Minnesota lawmakers prepare to reconvene in February, all eyes are on Mitchell, Senate Democrats, and the potential political and procedural maneuvers that may follow. Her case serves as a stark reminder of the delicate balance between legal accountability, public trust, and legislative governance in a closely divided state government.

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