Minnesota state Sen. Nicole Mitchell's burglary trial goes to jury

DETROIT LAKES, Minn. — Minnesota state Sen. Nicole Mitchell’s burglary case is now in the hands of a jury.

Following three days of emotional testimony, a group of 15 jurors are deliberating on whether Mitchell, a first-term Democratic-Farmer-Labor Party senator, broke into her stepmother’s home last spring to steal mementos of her late father’s, such as a flannel shirt and photos.

But Mitchell testified that she was only there to check on her stepmother, Carol Mitchell, and had no intention of stealing anything on April, 22, 2024.

“Unless the state can rule out that Nicole Mitchell entered just to check on Carol, then the verdict must be not guilty,” said defense attorney Bruce Ringstrom Jr. in his nearly hourlong closing argument Friday.

Becker County Attorney Brian McDonald said in his 20-minute closing argument that Nicole Mitchell never placed a welfare call, but instead drove 220 miles in the middle of the night, dressed in all black and packed flashlights, latex gloves and a small pry crowbar device used to break into the basement window.

“Who packs a freaking prybar just in case?” McDonald said to the jury when urging them to use common sense and not fall for “the many lies of Nicole Mitchell.”

Mitchell, 50, has pleaded not guilty to first-degree burglary and felony possession of burglary tools. The case could threaten her career and the political balance of the Minnesota Senate, which her party controls by a single vote.

Legislators are not automatically expelled if convicted of a felony, but her colleagues in the Senate could vote to remove her from the chamber if the jury returns with a guilty verdict.

She already resigned as a commander in the National Guard, she said in testimony. In 2019, she was selected as Commander of the 126th Weather Flight. She had 32 years of service. Mitchell said she was asked to resign in light of this high-profile case.

“I was told it was a distraction,” she said on the witness stand Thursday.

Carol Mitchell took the witness stand Tuesday and said she felt “extremely violated” by the break-in. Police arrested her stepdaughter in the basement of her Detroit Lakes home.

But Carol Mitchell, who has been diagnosed with Alzheimer’s disease, struggled to answer questions by prosecutors and defense attorneys, forgetting key dates and family members’ names.

Defense attorneys said Nicole Mitchell’s concern over her stepmother’s paranoia and forgetfulness related to Alzheimer’s drove her to travel from her home in Woodbury to Detroit Lakes in the middle of the night.

They say she knew Carol Mitchell’s health was worsening. The relationship between the two reached a breaking point a month before the incident, after Nicole Mitchell said her dad’s ashes were buried without her there to say goodbye.

Nicole Mitchell, who took the stand for more than five hours on Thursday, admitted to lying to the police the night of the arrest, telling them at the time she wanted to get a few of her father’s things.

She maintained her position that she was checking in on her stepmother, who was suffering from paranoia and would have reacted poorly if she knew she was doing a welfare check. Carol Mitchell thought she was trying to put her in a nursing home, Nicole Mitchell said.

Nicole Mitchell acknowledged that she did not have permission to be in the home and said she regretted what she had done, but she was worried for her stepmother.

“I created this entire situation, so the only person I have to blame here is myself,” Nicole Mitchell acknowledged.

Defense attorneys briefly questioned two witnesses Friday morning and rested their case. Both sides delivered closing arguments before the court proceedings broke for jury deliberation.

The final witness called by defense was Sgt. Jay Brody, of Mauston, Wisconsin. Nicole Mitchell was Brody’s commander and they have known each other for six years. He testified that they frequently spoke about Carol Mitchell’s declining health.

“She expressed concern that Carol was displaying evidence of missing things and she was worried about her well-being, she was concerned for how she would take care of herself and she was missing certain things, appointments,” Brody said.

He said that Nicole Mitchell is trustworthy and selfless and that she was very upset about not being able to attend her father’s interment.

A theme emerged toward the end of the trial about inheritance. The defense attempted to portray to the jury that Carol Mitchell was a greedy stepmother awarded her husband’s estate, which included inheritance from his late sister that was intended for Nicole Mitchell.

Cindy Markey, one of Nicole Mitchell’s aunts and the sister of the late Roderick Mitchell, testified Friday that her late sister’s $250,000 estate ended up with Carol Mitchell because she was legally the heir after her husband’s sudden passing. Markey said her sister died unexpectedly without a will, like her brother.

McDonald, the prosecutor, asked Markey about her interview with defense investigators, during which Markey said the relationship between Carol and Nicole Mitchell “has never been good since day one,” and that they were “two very strong-willed women who butted heads on everything.”

Asked how her late brother would feel about the break-in, Markey said “he would not be happy.”

“But he would not be happy if we all gave up on Carol and did not check on her,” she said.

McDonald said Nicole Mitchell was “caught right away” and didn’t have time to steal anything, but that doesn’t mean she did intend on taking anything.

“Handcuffed and facing reality of her actions, the defendant made the following statement: ‘I’m just hoping this mistake wont completely **** up my life ... My god ... my military retirement,’” McDonald said, adding that she only cared about herself, not Carol Mitchell.

He said Carol Mitchell is a painful reminder that Alzheimer’s “moves a lot faster than our justice system.” But he told jurors their verdict can be swift.

“I ask for justice for Carol Mitchell,” he said. “Find her guilty."

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