Sen. Nicole Mitchell’s attorney is requesting Friday that her trial set to begin Jan. 27 be delayed until May 19, when the Minnesota legislative session is over.
Sen. Nicole Mitchell, DFL-Woodbury, at her desk in the State Senate chambers at the State Capitol building on Tuesday, May 7, 2024. (John Autey / Pioneer Press)
Mitchell, DFL-Woodbury, faces a first-degree felony burglary charge from April 2024 for allegedly breaking into her stepmother’s home in Detroit Lakes. The senator said she was retrieving sentimental items belonging to her late father, who died in 2022, including his cremated remains.
Mitchell pleaded not guilty to the charge in August and said she has no plans to resign.
Mitchell’s attorneys also requested that her Tuesday hearing in Becker County District Court be conducted remotely so she may attend the first day of the legislative session, a request the judge granted Friday.
The request cites Minnesota law, which states legal proceedings for legislators may be delayed until the legislative session is over.
The request to postpone the trial comes after Senate Majority Leader Erin Murphy, DFL-St. Paul, confirmed Tuesday that Mitchell would not be voting from her hearing or during her trial.
With the Senate tied 33-33 after the death of Sen. Kari Dziedzic, DFL-Minneapolis, Mitchell’s absence would give Republicans a momentary majority of 33-32 in the Senate.
Senate Minority Leader Mark Johnson, R-East Grand Forks, said in November that his caucus believes it is a “strategy” for Mitchell to delay her trial so she may continue voting on bills. The trial was originally set to occur in June 2024 and has since been postponed multiple times.
“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,” Johnson said. “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.”
A few Democrats called for Mitchell’s resignation following the end of the session last year, including Gov. Tim Walz and state DFL Party chairman Ken Martin.
Mitchell’s presence on the floor last session caused a stir. Republicans spent over six hours on the floor discussing Mitchell’s case, according to Senate DFL records, causing gridlock in legislative business.
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