Judge presiding over upcoming burglary trial of Sen. Nicole Mitchell denies motion to dismiss charge

The judge presiding over the upcoming burglary trial of state Sen. Nicole Mitchell denied motions to dismiss a second charge and compel the state to provide evidence from Mitchell’s stepmother.

Seventh Judicial District Chief Judge Michael Fritz issued the orders late Tuesday following Mitchell’s last virtual pretrial hearing Monday while she was in the midst of a special legislative session.

With the special session complete and last remaining motions denied, it clears the way for Mitchell’s return to Detroit Lakes to stand trial in Fritz’s Becker County courtroom. Jury selection begins Monday.

Fritz found that the evidence was sufficient to support the charge of possession of burglary tools.

Mitchell’s attorneys argued that the second charge, filed 10 months after the case was lodged against her, amounted to “prosecutorial vindictiveness.” The charge came after Fritz allowed the trial to be postponed, which the state opposed. Dane DeKrey, one of Mitchell’s attorneys, said the burglary tool charge was filed in retaliation.

But Fritz disagreed.

“The defense’s argument is based on speculation, resting solely on the timing of the filing of the amended complaint. But there is simply no evidence which ‘prove[s] objectively that the prosecutor’s charging decision was motivated by a desire to punish’ the Defendant,” Fritz wrote in his order.

The defense also asked the judge to let them examine prosecutors on the stand to ask why the second charge was filed.

But Fritz wrote that the defense “produced no Minnesota authority, either statutory or in caselaw, that would permit such an unusual action. Absent any such authority, the Court will not grant such an unprecedented request.”

Becker County Attorney Brian McDonald in court on Monday questioned how the second charge could be vindictive “if I did it five to six months before a scheduled trial date?”

The defense also sought to force McDonald’s office into providing evidence they felt they were entitled to, including medical records and proof of residency of Mitchell’s stepmother, Carol Mitchell. Fritz also denied that motion.

Medical records were related to Carol Mitchell’s April 17, 2024, appointment at Sanford Medical Clinic in Fargo. She was diagnosed with Alzheimer’s and the defense claims that Nicole Mitchell went to her stepmother’s Detroit Lakes home on April 22 because she was concerned for her cognitive state.

The senator is accused of breaking into her stepmother’s home that morning. She admitted to police that she was trying to retrieve some of her late father’s things and his ashes. He died in 2023.

Defense attorneys wanted proof of Carol Mitchell’s residency after the state filed a notice of restitution. If the senator is found guilty, Carol Mitchell requests $12,000 to cover the apartment she moved into because she’s too afraid to live in her house after the break-in.