DETROIT LAKES, MINN. — A former Minnesota senator, whom a jury found guilty of felony burglary charges after she broke into her stepmother’s home, is asking a Becker County judge to downgrade the felony charges to misdemeanors when she is sentenced next week.
Former Sen. Nicole Mitchell, DFL-Woodbury, was convicted of two felony burglary charges by a Becker County jury on July 18. She was found guilty of first-degree burglary and possession of burglary or theft tools following her arrest at her stepmother’s Detroit Lakes home in April 2024.
During her five-day trial, Mitchell claimed she was at her stepmother’s home for a welfare check.
On Sept. 17, Mitchell’s attorney Dane DeKrey filed a motion requesting that Judge Michael Fritz reduce the felony charges of first-degree burglary and possession of burglary tools to misdemeanor charges, and that she be allowed to serve the mandatory six months in jail on work release.
Mitchell takes responsibility for harming her stepmother with her actions, the motion said.
“While Nicole’s conduct didn’t hurt (her stepmother) Carol physically, there’s no doubt it hurt her mentally and emotionally,” the motion said.
Minnesota law allows for a judge to reduce Mitchell’s convictions at the time of sentencing, according to court documents.
A felony conviction means Mitchell will have a felony record for the rest of her life, which will impact future employment and financial opportunities. It would also likely prevent her from continuing to serve as a foster parent, which she has done for more than a decade, court documents said.
It may also prevent her from continuing to serve as an election judge and possibly impact her ability to volunteer during her children’s activities.
“Making Nicole a lifelong felon is unjust,” DeKrey argued.
According to court documents, a felony charge is akin to a “scarlet letter,” publicly identifying someone as a criminal. However, DeKrey writes that Mitchell has also been punished as she was forced to “involuntarily end her military career because of the break-in.” Mitchell retired from the Wisconsin Air National Guard as a lieutenant colonel after she was arrested.
After she was convicted, Mitchell resigned from her seat in the Minnesota Senate on July 25.
“It’s debatable whether Nicole deserved to lose both her military and political career because of this mistake,” DeKrey said in court documents. “It was a big mistake, no doubt, but there’s also something to be said about second chances.”
According to court documents, Mitchell’s attorney argues her offense is not as serious as other burglaries.
“Nicole’s conduct is far less serious than the typical theft-based first-degree burglary that makes statewide news,” DeKrey said in court documents. “Unlike these cases, Nicole stole nothing from Carol. Her conviction was based entirely on what she said she was doing in Carol’s home, not for what she took from Carol’s home.”
DeKrey said Mitchell plans to challenge the case law that sets a precedent for felony charge sentencing.
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“The only reason Nicole is facing a six-month jail sentence is because Minnesota law, as it’s been interpreted by the Minnesota Court of Appeals, requires it,” court documents said. “But if that interpretation changed, Nicole’s presumed sentence under the sentencing guidelines would be no period of incarceration.”
DeKrey said while appealing the case law decision, Mitchell will not “commit crimes, intimidate witnesses, or interfere with the administration of justice,” and she will show up for any future court hearings.
Mitchell is also asking that if she is sentenced to six months of jail time immediately, she be able to serve the sentence near her children, in Ramsey County, and participate in work release.
Mitchell’s sentencing is scheduled for Tuesday, Sept. 23, at the Becker County Courthouse in Detroit Lakes.
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