Sen. Mitchell’s attorney: ‘We’re going to look at all our options’

The attorney for Nicole Mitchell spoke Friday afternoon, after the Minnesota lawmaker was found guilty of two counts of burglary in a 2024 incident at her stepmother’s home in Detroit Lakes.

Nicole Mitchell found guilty

What we know:

Mitchell, a first-term DFL senator from Woodbury, was found guilty of first-degree burglary and possession of burglary tools. She was charged with breaking into the home to take belongings of her late father.

Other Minnesota lawmakers called for her resignation if she was found guilty.

Mitchell told state lawmakers before the trial if she were found guilty, she would resign from her Minnesota Senate seat.

Her attorney, Dane DeKrey, spoke after the verdict. Mitchell is not in custody leading up to her sentencing.

What they're saying:

"We just processed this. It was a tough conversation to have right after a verdict. We’re going to look at our options, I’m very pleased that she got to stay out of jail," DeKrey said.

Will Nicole Mitchell appeal?

Why you should care:

DeKrey was asked if they would appeal Friday’s verdict. She will be sentenced in the weeks ahead, and guidelines call for up to six months in jail.

"We’re going to keep all of our options open right now," DeKrey said.

Nicole Mitchell on the stand

Dig deeper:

Mitchell took the stand in her own defense on Thursday, attempting to explain why she was in the home when she was. 

The backstory:

Prosecutors allege Nicole Mitchell, dressed in all black, parked down the road from the home, brought a flashlight, and broke into the home. Jurors were also shown images of a crowbar discovered outside the home and a backpack lodged inside a window. During opening statements, prosecutors called it a well-planned, thought-out criminal act.

Mitchell's defense team painted her as a concerned stepdaughter trying to help a loved one. Mitchell has said she was trying to retrieve her father's ashes and clothing that her stepmom refused to give her after his recent death. She was seen on camera telling a police officer, "Clearly I'm not good at this."

Her attorney addressed the decision to put Mitchell on the stand.

"You don’t have any chance to win a case unless you put your client on the stand to explain that," DeKrey said. "If anyone believes differently, you’re not in tune with reality."

Crime and Public SafetyMinnesota