Senator Arrested For burglary

[Shekinah Brama]

A Minnesota state senator was convicted of burglary on Friday after breaking into her estranged stepmother’s home, prompting immediate calls for her resignation from a closely divided chamber where her vote has been pivotal.

After about three hours of deliberation, a jury found Democratic state Sen. Nicole Mitchell, 51, guilty of first-degree burglary and possession of burglary tools. Following her arrest, Mitchell told police she had entered the home to look for her late father’s ashes and other sentimental items, but she attempted to downplay that account when testifying in court.

Mitchell showed little emotion as the verdicts were read.

Democratic Senate Majority Leader Erin Murphy responded swiftly, stating that Mitchell had previously told her colleagues she would resign if convicted, and added, “I expect her to follow through on that pledge.”

Republican Senate Minority Leader Mark Johnson repeated the GOP’s longstanding demand that she resign immediately or be expelled.

Governor Tim Walz’s office said he also expects Mitchell to step down. However, one of Mitchell’s attorneys, Dane DeKrey, said via text that he wasn’t sure if she would comply, noting they are considering an appeal.

Since her arrest in the early hours of April 22, 2024, Mitchell has insisted on her innocence and refused to resign. She was found at her stepmother’s house in Detroit Lakes, a city in northwestern Minnesota. Her father had died in 2023 at the age of 72 after nearly 40 years of marriage to Carol Mitchell, Nicole’s stepmother.

Jurors viewed bodycam footage of Mitchell speaking with officers at the scene. In the video, she explained that she broke in because her stepmother refused to give her cherished belongings of her father — including his ashes, photographs, and a flannel shirt.

When arrested, Mitchell was dressed in all-black clothing and carrying a flashlight covered with a black sock. The footage captured her saying to police, “Clearly, I’m not good at this,” and “I know I did something bad.”

However, when she testified on Thursday, Mitchell said that despite what she told police, she had no real intention of taking anything. Instead, she claimed she had grown increasingly concerned about her stepmother’s mental state — particularly memory issues and paranoia — and went to the house to check on her well-being. She said her stepmother was afraid of being put in a nursing home and that it seemed less upsetting to pretend she wanted her father’s items than to suggest her stepmother might be mentally unfit.

Mitchell, a former broadcast meteorologist and now-retired Air National Guard officer, was convicted of one count of first-degree burglary of an occupied dwelling — a felony that carries a mandatory minimum of six months in jail if theft is proven to have been intended. She was also found guilty of possessing burglary tools, a lesser felony without a mandatory minimum sentence. The judge has yet to schedule sentencing.

Prosecutor Brian McDonald, the Becker County Attorney, urged jurors to pay close attention to what Mitchell said the night of her arrest.

“I submit to you she was telling the truth on April 22nd, 2024. And if you believe that she was telling the truth to the officers, then you know she had the intent to steal. She told you. She told the officers,” McDonald argued.

Mitchell’s defense attorney, Bruce Ringstrom Jr., acknowledged that Mitchell exercised poor judgment but insisted she never intended to steal anything. He said everyone has told “white lies,” and that Mitchell’s were an effort to avoid worsening her stepmother’s suspicion and distrust.

“We all know the difference between a white lie and a meaningful, damaging one,” Ringstrom told jurors. “The problem is that this happened in the context of something that was a terrible mess — a mess that Nicole made. But it was a mess.” He added, “Under those circumstances, Nicole’s white lies make perfect sense.”

Mitchell’s refusal to resign after her arrest strained relations in the narrowly split Minnesota Senate, where Democrats hold only a one-seat majority and have relied on her vote.

Republicans attempted to expel her but lacked the votes. Now that she has been convicted, the Senate could vote on expulsion — but not until it reconvenes, which isn’t scheduled to happen until February.

If Mitchell does resign, the governor would call a special election. His office said more details would be released soon. Although the district leans Democratic — the Harris-Walz ticket won there with 61% of the vote last year — the vacancy could still shift the dynamics in the Senate depending on timing and turnout.

For now, Mitchell’s next steps — and whether she chooses to resign or appeal — remain uncertain.

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