DETROIT LAKES, Minn. — The jury has begun deliberations in the trial of a Minnesota senator accused of burglarizing her stepmother’s home following closing arguments in the case.
The Becker County jury must prove beyond a reasonable doubt that Sen. Nicole Mitchell entered her stepmother’s house with the intent to commit a crime.
Sen. Nicole Mitchell, DFL-Woodbury. (Courtesy of the Becker County Sheriff’s Office)
Mitchell, a DFL lawmaker from Woodbury, was charged with two felony burglary counts after she was arrested in her stepmother’s house in the early hours of April 22, 2024.
She was charged with first-degree burglary and possession of burglary or theft tools. If found guilty, Mitchell could face prison time. She has pleaded not guilty to the charges.
Prosecution’s closing arguments
State prosecutor Becker County Attorney Brian McDonald asked the jury to find Mitchell guilty on both counts, again citing words Mitchell said when she was arrested: “I know I did something bad.”
“Or rather the defendant knew she did something bad, but now she wants to lie about it,” McDonald said.
McDonald called out a dispute between Mitchell and her stepmother, Carol Mitchell, about her father, Rod Mitchell’s, ashes as the line in the sand for their relationship. At that point, it became Nicole Mitchell’s mission to take back her father’s possessions, McDonald said. She packed tools to help her in that mission, like an all-black outfit, prybar and flashlight covered by a black sock.
“Not even her own moral compass could deter her from her mission,” McDonald said.
He asked the jury to use common sense and good judgment when looking at the evidence presented by the state: items Nicole Mitchell carried with her, claims she made to law enforcement and her testimony that she lied to law enforcement.
The defense
Mitchell’s attorney Bruce Ringstrom Jr. has argued Mitchell broke into the home to check on her stepmother, who has Alzheimer’s disease. Ringstrom, on Friday, asked the jury to recall times when they may have told white lies. Nicole Mitchell told a white lie that she was there to take her father’s things as she was arrested in an attempt to keep her stepmother calm, he said.
“She’s not charged with lying,” Ringstrom said.
Ringstrom talked about possible sources of reasonable doubt he sees in the state’s claims that Mitchell intended to steal, like lapses in Carol Mitchell’s memory because of Alzheimer’s and the fact that Nicole Mitchell did not have any of her stepmother’s possessions when she was arrested in the house.
Ringstrom brought up law enforcement’s mishandling of evidence, saying police did not keep a backpack Nicole Mitchell brought with her or a note she had with her the night she was arrested.
“Unless the state can rule out that Nicole Mitchell entered just to check on Carol, then the verdict must be not guilty,” Ringstrom said.
Testimony this week
In more than three days of testimony, law enforcement officers recounted Nicole Mitchell’s arrest, including comments she made about entering to retrieve a couple of her father’s things.
Family members testified about Carol Mitchell’s fear of Nicole Mitchell, especially surrounding finances. Others told jurors they observed increasing paranoia and behavioral changes related to Carol Mitchell’s Alzheimer’s diagnosis.
Carol Mitchell’s own testimony was marked by memory lapses and inconsistencies with other testimony, and law enforcement body camera footage shown as evidence.
Nicole Mitchell testified for nearly five hours Thursday, talking about her concern about her stepmother as she experienced an Alzheimer’s-related mental decline, and intentions to check on her. In tearful testimony, she discussed the events leading to her arrest.
Two more witnesses
On Friday morning, the defense called its last two witnesses before resting its case.
The first was Cindy Markey, one of Nicole Mitchell’s aunts. She talked about Carol Mitchell’s relationship with the Mitchell side of the family. She was asked how Rod Mitchell, her brother, Carol Mitchell’s husband and Nicole Mitchell’s father, would have felt about Nicole Mitchell breaking into the house.
“He would not be happy about it, but he would also not be happy if we all gave up on Carol and didn’t check on her,” Markey said.
The defense also called in Jay Brody, who Nicole Mitchell supervised in the Wisconsin National Guard. He talked about conversations he had with Nicole Mitchell during which she expressed concern for her stepmother. He said Nicole Mitchell is a trustworthy and selfless person.
The felony burglary charge carries a mandatory minimum sentence of at least six months in jail or a county workhouse, and a maximum sentence of 20 years in prison and a $35,000 fine. Felony possession of burglary tools carries a maximum sentence of three years in prison and a $5,000 fine.
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