Sen. Nicole Mitchell's burglary trial: State rests case

DETROIT LAKES, Minn. (FOX 9) - The state rested its case against Sen. Nicole Mitchell in her burglary trial.

Mitchell, who represents Woodbury, faces a count of first-degree burglary and possession of burglary tools for allegedly breaking into her stepmother's home in Detroit Lakes in 2024. 

Watch live:

FOX 9 will live stream the trial on FOX LOCAL Mobile, YouTube and in the player above. The trial stream is on a 10-minute delay, per court rules. 

You can find updates on Day 3 of the trial below.

4:48 p.m. - Court is in recess

Court will resume at 9 a.m. on Thursday. 

3:35 p.m. - Nancy Lund 

Nancy Lund, Nicole Mitchell's aunt, is the third person to be called by the defense to testify. Lund said she has known Carol Mitchell for over 40 years. 

She testified about learning Carol Mitchell's Alzheimer's diagnosis in 2022, and helping Carol Mitchell after Rod Mitchell's death. She recalled Carol Mitchell having trouble remembering things and paranoia. During Lund's testimony, text messages with Carol Mitchell were shown in court as Lund discussed Carol's struggles with Alzheimer's disease. Text messages between Lund and a private investigator hired by Nicole Mitchell were also shared in court. 

While reading some of the text messages, Lund got emotional, remembering interactions with Carol Mitchell while she exhibited symptoms of Alzheimer's disease. 

Lund also talked about Nicole Mitchell, calling her a "caretaker at heart" who loves Carol, but testified that Carol and Nicole had a rocky relationship. 

3:25 p.m. - Defense recalls prosecution witness

The witness declined to be on camera. 

3 p.m. - Defense calls its first witness, Carol Mitchell's son

Jonathan Kuehl, Carol Mitchell's biological son, was the first witness to testify for the defense. Kuehl said he met his birth mother around 2003, and he met Nicole Mitchell years later, around 2008, he testified. 

Kuehl recalls around three times he was with Carol, Nicole and Rod Mitchell. He also recalls seeing Nicole Mitchell at her dad, Rod Mitchell's, funeral, noting he interacted with Nicole a few times at the funeral. 

Texts between Nicole Mitchell and Kuehl were shown in court. He also recalled how often he would see and speak with his biological mom. 

Kuehl testified that Carol Mitchell intended Rod Mitchell's flannel shirt to go to Nciole Mitchell, and she would perhaps make a comfort pillow with it. 

2:30 p.m. - State rests its case against Nicole Mitchell

The prosecution rested its case against Nicole Mitchell. Court is in recess until 2:50 p.m. 

The defense is up next. The defense has at least one witness who isn't available until Thursday, so testimony will continue into Thursday at the earliest. 

2 p.m. - Chief Steven Todd

Detroit Lakes Police Department Chief Steven Todd is the 11th person to testify for the prosecution. 

His body camera video from his conversation with Carol Mitchell was shown in court, including Carol describing the moments she woke up and stepped on Nicole Mitchell, who was lying on the floor by her bed. 

Todd testified Nicole Mitchell is aware of only having Carol Mitchell's laptop in her possession when she was arrested. 

12:15 p.m. - Lunch break until 1:30 p.m.

Court is on a lunch break until 1:30 p.m. Testimony will resume with the previous witness. Then the prosecution will call its last witness. 

11:36 a.m. - Witness testimony

The next witness opted not to testify on camera. 

11:08 a.m. - Pamela Muxfeldt's testimony resumes 

Muxfeldt resumed her testimony after a brief recess. 

During her testimony, Muxfeldt focused on her relationship with her aunt, and Carol Mitchell's concerns about Nicole Mitchell. Prosecutors presented text messages from Carol Mitchell to Muxfeldt, in which Carol talked about Rod Mitchell’s estate, saying "I am scared. She has gotten so greedy," in reference to Nicole Mitchell.

Muxfeldt testified she and Nicole Mitchell weren’t close, and they last spoke in May 2023 when Nicole voiced concerns about Carol Mitchell's health. Muxfeldt continued she didn’t have those same concerns. Muxfeldt stated she has access to Carol Mitchell’s medical records, and while she has not looked at them, she is aware of Carol’s Alzheimer’s diagnosis. 

11 a.m. - Court in recess

The court is in a brief recess due to a technical issue. 

10:50 a.m. - Pamela Muxfeldt

Pamela Muxfeldt, Carol Mitchell’s niece, took the stand to testify on Wednesday. She discussed her relationship with Nicole and Carol Mitchell, and being the power of attorney after Rod Mitchell’s death.  

Muxfeldt testified that Carol Mitchell expressed concerns about Nicole after talking with her, saying she felt threatened and scared. 

10:30 a.m. - Court in recess

Court is in a brief recess. 

9:30 a.m. - Officer Douglas Vikmark

Detroit Lakes Police Department Officer Douglas Vikmark took the stand to testify on Wednesday. He spoke about taking photos of evidence at Carol Mitchell's home and conversations he had with Carol Mitchell after the alleged burglary. 

Vikmark's testimony also focused on Carol Mitchell's phone. He testified he looked through the phone and didn't locate any texts or calls between Nicole Mitchell and Carol Mitchell. 

The testimony also included discussion of the size of the windows that Nicole Mitchell allegedly crawled through, and what windows she used to push the backpack with laptops through. 

9 a.m. - James Hedlund

James Hedlund, one of Carol Mitchell's friends who came to the home in the immediate aftermath of the alleged burglary, was the first to testify on Wednesday, shedding some light on the family dynamic leading up to the burglary.

He spoke about seeing a pry bar at Carol Mitchell's home. He also discussed Nicole Mitchell's father's ashes, and said Nicole Mitchell wasn't at her father's internment. He also spoke about Carol Mitchell's state of mind at the time of the burglary. 

Trial - Day 2 recap

Dig deeper:

The second day of the trial on Tuesday consisted of opening statements and testimony, including showing body camera video from responding officers when she was arrested. Carol Mitchell, Nicole Mitchell's stepmother, also testified, but opted not to testify on camera. 

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. But Nicole Mitchell's defense team paints her as a concerned stepdaughter trying to help a loved one. Nicole 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." 

You can find a recap of Tuesday's testimony here.

Sen. Nicole Mitchell charges 

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.

Crime and Public SafetyMinnesota