The prosecutor in the Nicole Mitchell burglary case is asking a judge to block lawyers from mentioning that she’s a state senator, according to a court filing this week.
Becker County Attorney Brian McDonald asked Judge Michael Fritz to restrict how Mitchell’s attorney talks about her role as a state senator — and how a conviction could impact her work as a lawmaker.
Sen. Nicole Mitchell. (John Autey / Pioneer Press)
In his request to the court, McDonald said the political title is irrelevant to the case and could lead jurors to feel improper sympathy for her.
Mitchell was charged with felony burglary stemming from an April arrest at her stepmother’s Detroit Lakes home. She says she was retrieving items that belonged to her late father.
The first-term DFLer represents a Woodbury district. Her arrest sparked calls from Republicans and some Democrats for her to leave office. She has rebuffed those calls. Senate Democrats have resisted efforts to expel her, which would require a two-thirds vote, and said she deserves her day in court.
In his filing, McDonald also asked the judge to block Mitchell’s attorneys from requesting a lesser charge of trespassing.
A settlement conference held on Tuesday, Dec. 31, didn’t yield any results, pushing the matter toward trial.
A motions hearing in the case is scheduled for Jan. 14 — the first day of the 2025 legislative session — and a jury trial is due to begin Jan. 27.
In an order on Tuesday, Fritz made clear there would be no audio or visual media coverage from proceedings ahead of trial under established judicial branch rules. He said he hasn’t ruled out allowing that type of coverage during the trial in response from multiple outlets, including MPR News.
When the Minnesota Legislature starts its 2025 session Republicans will have a 67-66 majority in the House and the Senate will be tied at 33-33. The close margins for both parties come in a year when they have to pass a state budget.
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