No plea deal expected as Sen. Nicole Mitchell appears today for burglary trial hearing

The long-awaited trial of Democratic Sen. Nicole Mitchell is closer than ever to hearing the crack of the gavel.

On Monday afternoon, Mitchell will appear remotely in Becker County District Court ahead of her upcoming burglary trial that begins next Monday with jury selection. The recent legislative session postponed Mitchell’s trial, and Judge Michael Fritz is allowing the senator to appear virtually this afternoon, given the special legislative session.

Mitchell can vote remotely if needed to juggle both the session and court hearing, scheduled for 3:45 p.m. It is possible that the special session is in recess at the time of her court hearing or she could be excused.

It’s the last virtual court hearing scheduled before Mitchell returns to Detroit Lakes, where the case originated in April 2024 when she allegedly broke into her late father’s home where her stepmother lives.

Mitchell, dressed in black, told police she was trying to get some of her dad’s things after her stepmother stopped talking to her. Mitchell’s dad died in 2023.

Officers responding to a burglary call around 4:45 a.m. on April 22 found Mitchell in the basement of the home. The first-term senator from Woodbury was charged with first-degree burglary.

In a jail interview after her arrest, Mitchell said she drove up from Woodbury that morning, according to charges. She left around 1 a.m. and said she’d had “a lot of sleepless nights.” She claimed she was there to retrieve her dad’s ashes.

Ten months later, prosecutors in February charged her with possession of burglary tools, a felony, for allegedly having a crowbar.

According to the amended criminal complaint, Mitchell’s stepmother told police she found a crowbar that wasn’t hers in a window well.

Mitchell’s attorneys are asking for the possession charge to be dismissed and accuse the Becker County Attorney’s Office of “prosecutorial vindictiveness.”

Fritz on Monday will hear arguments related to these remaining motions.

Dane DeKrey, one of Mitchell’s attorneys, said in a phone interview Friday that the secondary charge was lodged against Mitchell in retaliation.

Weeks after Fritz granted Mitchell a delayed trial start, which prosecutors opposed, prosecutors filed the second felony charge.

“They are only burglary tools if you’re committing a burglary with them. Otherwise, it’s just a crowbar that someone has in the back of their pickup truck. That’s not illegal to have that. And so that’s also why we don’t really understand the point of adding this charge. It’s not different conduct,” DeKrey said.

“It just makes it so there’s just more chances for the jury to convict on identical conduct.”

DeKrey is asking Fritz to allow the defense to examine the prosecution and ask why they filed the second felony charge. He said the judge could find there is an overarching due process challenge rather than weigh in on the vindictive allegation.

David Schultz, a Hamline University political science and legal studies professor, previously told the Minnesota Star Tribune that it’s unusual for the defense to “try to put the prosecutor on the witness stand.” He said the defense will have to meet an “enormously high” bar to prove vindictiveness.

DeKrey said his client will not be entering a plea at Monday’s settlement conference, which he said will be more like a motion or omnibus hearing. Mitchell has pleaded not guilty to both charges.

Both sides agreed that the laptop in her possession at the time of arrest was not stolen.

DeKrey said it’s unclear what, if anything, Mitchell allegedly stole.

“They are claiming that she entered to steal or take possessions of her father’s, so that’s as specific as they got,” he said of the prosecution.

Mitchell’s arrest embroiled the 2024 legislative session and spilled into the recent session. Republicans filed an ethics complaint and failed to oust her. The ethics subcommittee has delayed a decision on the complaint until after the trial.

Prosecutors did not respond to a request for comment.

This is a developing story. Check back later for updates.