Nicole Mitchell asks for reduced sentence after felony burglary conviction

DETROIT LAKES, Minn. (FOX 9) - Nicole Mitchell is asking a Becker County judge for a reduced sentence for her felony burglary conviction after she was found guilty of breaking into her stepmother's home.

Her sentencing is set to happen on the morning of Tuesday, Sept. 23. 

READ MORE: Former Sen. Nicole Mitchell burglary sentencing delay approved by judge

Defense attorneys ask for felonies to be reduced to misdemeanors 

What they're saying:

Mitchell's attorneys acknowledged that she made a mistake by breaking into her stepmother's home, but asked the court to apply the sentencing guidelines "with fidelity" so that she does not pay a price greater than what she did. 

"A hallmark of this case is the almost comical nature of Nicole's burglar-like attire and behavior. It's so ‘on the nose’ that it was impossible for anyone who analyzed the case to set aside," part of the sentencing position says. "But the idea that she's more guilty, or should be punished more severely, because she looked and acted like a cartoon cat burglar is nonsense."

The filing also states that Mitchell "made no attempt to use her status as an elected official to get the charges reduced or dropped." 

The document concludes by asking the court for a downward durational departure to reduce her felony convictions to misdemeanors. It is also asking for jail time to be suspended while the sentencing guidelines are challenged. At a minimum, Mitchell is facing six months in a jail or workhouse.

However, if the court does not stay her sentence pending approval, the defense is recommending she qualify for the work release program. 

Mitchell support letters

Dig deeper:

The defense team also submitted constituent, professional and personal support letters to the court as exhibits of her character and "justification for reducing Nicole's felonies to misdemeanors." 

The letters advocating for Mitchell came from several people from different parts of her life, both in Minnesota and across the country. They include an air force reservist who served with her, a high school student who worked with her on education legislation, a co-worker of her late father, former colleagues from her time as a meteorologist and the mother of a child who Mitchell fostered.

The letters paint Mitchell as a dedicated public servant, a caring mother and a strong leader. 

Prosecution objects

The other side:

The state is emphasizing the "incriminating evidence" shown in the police body-worn camera footage, which shows Mitchell "making spontaneous confessions about her crimes to law enforcement." Prosecutors also noted that she "brazenly testified under oath" that she was initially lying to law enforcement, which was "unbelievable and completely rejected by the jury."

Prosecutors also noted she refused to resign while the case was pending, despite calls from the governor and leaders of both parties to do so. 

They also contradict the defense team's assessment that she did not use her political position to her advantage.

"The Defendent asserted and utilized a form of legislative privilege that has never been utilized by someone awaiting trial for a felony level crime in Minnesota," the prosecution states. "During this time the Defendant continued to vote on and craft laws for the people of Minnesota; all while collecting a paycheck from taxpayers and delaying her own date with accountability. 

The state also noted that Mitchell has not publicly acknowledged any wrongdoing and has not apologized to her stepmother, which "speaks volumes about her remorse, or her lack thereof." 

Nicole Mitchell's arrest

The backstory:

A criminal complaint states that 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.