DFL Sen. Mitchell trial delayed until after legislative session

BECKER CO., Minn./ (FOX 9) - The trial for Minnesota DFL State Senator Nicole Mitchell is now delayed until after the end of the Minnesota Legislative Session.

On Friday, Jan. 17, Becker County Judge Michael D. Fritz granted the motion to reschedule within 60 days of May 19, 2025.

Judge grants delay in trial 

What they're saying:

The jury trial was initially scheduled to start on Jan. 27, 2025. 

However, court documents show that Sen. Mitchell's attorney filed a motion to delay the trial until after the Minnesota Legislative Session.

That motion was then granted based on Minnesota Statute 3.16 MEMBERS, OFFICERS, AND ATTORNEYS EXCUSED FROM COURT DUTY.

That statute reads, in part, "No member or officer of, or attorney employed by, the legislature shall be compelled to attend as a witness in a court of this state during a session of the legislature, or while attending a meeting of a legislative committee or commission when the legislature is not in session unless the court in which the action is pending orders it, upon sufficient showing and with the consent of the presiding officer of the body of which the witness is an employee or the consent of the body of which the witness is a member."

The statute concludes by saying, "The member, officer, or attorney may, with the consent of the body of the legislature of which the person is a member, officer, or employee, waive this privilege. The cause or proceeding, motion, or hearing may then be tried or heard at a time that will not conflict with legislative duties."

The other side:

Minnesota Senator Republican Leader Mark Johnson released a statement on the ruling: 

"The Senate has a responsibility to hold itself to the highest standards. It’s been months of questions and speculation about Sen. Nicole Mitchell’s actions in April last year, and a bipartisan group of Senators have called for her resignation to stop the distraction.

"Sen. Mitchell’s last-minute decision to request trial delay this week is an abuse of her status as a Senator. She also has the right to waive her privilege to a delay to bring this entire matter to a swift conclusion. This is not a victimless crime; this delay revictimized those involved, and Senate Republicans will not stand idly by while Sen. Mitchell abuses her position to deny justice."

Sen. Mitchell alleged burglary

The backstory:

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 nearby.

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 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.

Not guilty plea

Dig deeper:

In August, Sen. Mitchell pleaded not guilty to the burglary charge.

Mitchell shared a Facebook post shortly after the incident in which she denied she had entered the home to steal anything.

The post reads:

"Like so many families, mine is dealing with the pain of watching a loved one decline due to Alzheimer's and associated paranoia.

"Over the weekend, I learned of medical information which caused me grave concern and prompted me to check on that family member. I entered a home I have come and gone from countless times in the past 20 years, where my son even once had his own room.

"Unfortunately, I startled this close relative, exacerbating paranoia, and I was accused of stealing, which I absolutely deny.

"Thank you to all my friends (and colleagues of both parties) for the kind words of support and for trusting my character even before I had a chance to respond.

"This has been a true tragedy for our family and my hope is it can return to being a private matter."

Mitchell is serving her first term as a DFL state senator who represents Woodbury after being elected in 2022. She is the vice chair of the State and Local Government and Veterans Committee. Before entering politics, Mitchell was a TV meteorologist in the Twin Cities. She also serves as a lieutenant commander in the Air National Guard.

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