DFL Sen. Mitchell faces new charge in alleged burglary

BECKER COUNTY, Minn. (FOX 9) - Sen. Nicole Mitchell (DFL-Woodbury) has been given an additional charge for the burglary of her stepmother's home with the goal of getting items that belonged to her late father. 

New charge against Sen. Nicole Mitchell

What's new:

According to an amended charging document, Mitchell is facing a second charge of possession of burglary or theft tools. 

Later the morning of the burglary, the victim, Mitchell's stepmother, called the police and said she had found an item in an egress window, court documents said. When officers arrived and investigated the area, they found a blue crowbar. Mitchell's stepmother said it did not belong to her, and she had not seen it before. 

Investigators returned to the home a few days after the burglary, and learned that the sliding basement window where Mitchell's backpack had gotten stuck during the alleged burglary, was too small for a human to fit through. 

The complaint says investigators found "faint" pry marks on the egress window where the crowbar was found, deeming it the "most probable" point of entry. They also found loose dirt around the window sill and on the desk right inside the window. 

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 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.

READ MORE: Sen. Nicole Mitchell burglary charges: 'I know I did something bad'

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.

Burlary trial delayed

Dig deeper:

The jury trial for Mitchell was initially set for Jan. 27, 2025. 

Mitchell's attorneys filed a motion to delay the trial until after the Minnesota Legislative Session. 

The motion was granted based on a Minnesota statute that states no member of the legislature can be "compelled to attend as a witness in a court of this state during a session of legislature, or while attending a meeting of a legislative committee or commission when the legislature is not in session" unless the court orders it with sufficient evidence and with the consent of the body which the witness is a member. 

Mitchell's trial is set to start on June 16. 

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

Minnesota state senators respond to additional charge

What they're saying:

"The circus surrounding the Senate needs to stop," Senate Minority Leader Mark Johnson (R-East Grand Forks) said. "We have real business to attend to: balancing a budget, addressing fraud, and putting Minnesotans First. Senate Democrats need to demonstrate that they are serious about solving problems in a bipartisan manner and do the right thing: end the sideshow and let the voters pick a new senator."

FOX 9 reached out to the Senate DFL for comment, and haven't heard back as of this writing.