DFL Sen. Mitchell fights burglary tools charge: ‘Prosecutorial vindictiveness’

Sen. Mitchell responds to burglary charges

A Minnesota Senator representing Woodbury is responding after being charged with breaking into a home early Monday morning in an attempt to steal items that she said have family connections.

BECKER CO., Minn. (FOX 9) - Attorneys for Sen. Nicole Mitchell have filed a motion to dismiss an added charge of possession of burglary tools following an incident in April 2024, during which she allegedly broke into her stepmother’s home and tried to steal some personal items.

Sen. Mitchell burglary tools possession charges

What we know:

In a legal battle that has now drawn out longer than a year, representatives of Sen. Mitchel filed a motion in Becker County on May 27 to dismiss charges of possession of burglary or theft tools, stemming from the April 22, 2024, incident during which she was also charged with first-degree burglary.

Sen. Mitchell’s lawyers argue adding the additional charge on Feb. 6, 2025, constitutes "prosecutorial vindictiveness" and violated her due process.

A trial date initially set for Jan. 27, 2025, was delayed until the week of June 16 in order to not interfere with Sen. Mitchell’s work in the Minnesota Legislature.

Sen. Mitchell’s lawyers further argue in the dismissal that the new charge amounts to "an attempt by the state to offer the jury a de facto lesser offense without identifying it as such."

The additional charge would not increase the length of a sentence if found guilty, the dismissal argues, saying, "So really all it’s doing is unfairly giving the state two bites at the apple instead of one."

GOP seeks investigation after Sen. Mitchell arrest

After Minnesota Senator Nicole Mitchell was charged with burglary earlier this week, Minnesota Republicans have filed an ethics complaint seeking an investigation into what happened and whether she should continue to serve in her position – a potentially majority-deciding seat.

Sen. Mitchell alleged burglary

Timeline:

A criminal complaint states Detroit Lakes police responded to a reported burglary at a home around 4:45 a.m. on April 22, 2024.
At the scene, police found Mitchell in the home's basement dressed in all black. Officers say they also found a flashlight covered with a black sock on Mitchell. 
Officers searched for a black backpack that was stuck in a window at the scene and recovered two laptops, a cellphone, a driver’s license, Senate identification, and miscellaneous Tupperware, according to the complaint.

Mitchell reportedly told investigators she was "just trying to get some of my dad's things" and added "clearly, I'm not good at this." 

The complaint states that Mitchell explained to police that her father had just died, and she wanted sentimental items her stepmother refused to give to her.

Mitchell said those include her father's ashes, pictures, clothes and other sentimental items.

Police later released a transcript of the 911 call initially placed around 4:45 a.m.