The burglary trial for Minnesota state Sen. Nicole Mitchell got underway Tuesday as the jury viewed police body cam footage — made public for the first time — of her arrest.
Mitchell was charged with two felony burglary counts after officers responding to a 911 call found her in the basement of her stepmother’s home in Detroit Lakes around 5 a.m. on April 22, 2024, dressed head to toe in black. She had broken in, she said, to get some of her dad’s personal items. She pleaded not guilty in August 2024.
A jury of 10 men and five women, including three alternates, was seated Monday. On Tuesday, the prosecution and defense laid out similar versions of the pre-dawn events that led to the senator’s arrest, but diverged when it came to interpretation.
Becker County Attorney Brian McDonald argued in his opening statement that the trial was solely about whether Mitchell had broken into the home, and that she had been “caught red-handed.” He said he understood her quandary, “but grief and frustration don’t justify burglary.”
Defense attorney Bruce Ringstrom Jr., however, contended Mitchell had entered through the basement because Carol Mitchell had taken to barricading the doors.
“Nicole Mitchell’s intent was to check on her stepmother,” he told the court, saying his client hadn’t fled and had cooperated with police. “A burglar runs. A concerned child stays.”
The arresting officers took the stand, as did Carole Mitchell, who often appeared confused about the sequence of events, MPR noted. She testified that she felt “extremely violated” after the break-in, The Minnesota Star Tribune reported.
Police testified that Carol Mitchell had recounted waking up to find an intruder on the floor by her bed and grabbed a hammer for protection, then called police. The intruder fled to the basement as police arrived.
The 30-minute video showed officers found Mitchell in the home’s basement, standing meekly in a bathroom, hands up and eyes lowered. She whispered “Ok,” and complied when an officer told her to get on the ground.
As she was being cuffed, she called out, “Carol? It’s Nicole.”
“It’s Nicole?” the incredulous homeowner asked.
“I was just trying to get a couple of my dad’s things because you wouldn’t talk to me anymore,” Mitchell said.
“She’s stealing documents out of my house. She’s my stepdaughter,” Carol Mitchell said, amid the younger Mitchell’s denials.
Mitchell said her stepmother has “serious Alzheimer’s” and had cut off the family.
“She’s trying to get money,” Carol Mitchell said.
“Obviously, I’m not good at this,” Nicole Mitchell told police, adamant she had never stolen anything, but admitting, “I know — I did something bad.”
Outside at the car, an officer read her Miranda rights and asked if she wanted to talk.
“After the funeral, my family tried to help her,” Mitchell explained. “She thinks they stole from her, and they were just trying to get her affairs in order. She has progressively cut off the family.”
Carol Mitchell had promised them some of his ashes so they could bury him near other family, but later reneged. They had last spoken a month earlier, after fighting “over the ashes situation,” Mitchell told police. “It’s just gotten progressively worse.”
She seemed surprised to learn she’d be charged with burglary.
“Even if I didn’t take anything?” she asked. The officer said yes, since she had broken in with intent.
“I just wanted to get a couple of my dad’s mementos, and that’s all,” Mitchell said. “A couple of pictures, and maybe one of his shirts.”
“I understand your situation but you still can’t — there are other ways to try to go through it,” the cop replied.
As they were about to pull away, the first officer on scene walked up and said, “She’s a state senator.”
With News Wire Services
