Sen. Nicole Mitchell testifies in her burglary trial

DETROIT LAKES, Minn. (FOX 9) - Sen. Nicole Mitchell took the stand on Thursday in her burglary trial, testifying for hours about her relationship with her family and why she went into her stepmother's home early in the morning in April 2024.

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. 

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.

However, 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."

On Thursday, Nicole Mitchell testified about her actions and intentions on the day of the burglary at Carol Mitchell's home, explaining she entered without permission but did not intend to harm or take anything from the home. The prosecution questioned Nicole Mitchell's comments the morning of her arrest, saying she told police she was there for her dad's belongings but not once mentioned she was there to check on Carol Mitchell's well-being. 

Live updates from Day 4 of the trial are below.

4:08 p.m. - Court is in recess

After hours of testimony from Sen. Mitchell, the court is in recess until 9 a.m. on Friday. 

3:57 p.m. - Defense's rebuttal 

Sen. Mitchell testified about why she didn't tell the police the truth about why she was in the home, saying she was trying to keep Carol Mitchell calm by not revealing she was there for a well-being check. 

3:30 p.m. - Prosecution questions Sen. Mitchell

The prosecution began its questioning of Nicole Mitchell, saying zero times did Nicole Mitchell say she was there out of concern for Carol Mitchell. 

Mitchell testified she did not have permission to access Carol Mitchell's medical information, but noted she learned something concerning Carol Mitchell, but Nicole did not tell other family members about this. 

The prosecution questioned Mitchell's story about why she was in the home, noting Nicole repeatedly told police she was there for her dad's things and told police she "did something bad." 

The prosecution asked why it was necessary to dress in all black with a stocking cap and bring a flashlight with a sock for a welfare check. Mitchell said she was trying not to be seen and it was cold. 

Mitchell stressed she went to the home for a welfare check despite telling police she was there to retrieve some of her dad's belongings. 

2:45 p.m. - Mitchell returns to the stand

After a brief recess, Nicole Mitchell returned to the stand to finish her testimony. Mitchell had left off with her testimony, saying her stepmother chased her into the basement but before the police arrived. 

The defense questioned Mitchell about the checklist Nicole Mitchell brought into Carol Mitchell's home. She detailed what the list meant, saying she wanted to check the cell phone of Carol Mitchell to make sure do not disturb wasn't turned on; make sure she wasn't deleting text messages or contacts; and make sure GPS tracking was enabled. 

Nicole Mitchell testified she tried to keep things calm by saying she was there for her dad's shirt, not that she was there to check on Carol Mitchell's well-being. Nicole Mitchell testified if she could keep Carol Mitchell's emotions in check, she would be able to deal with this as a family matter, not a criminal matter. 

When asked about lying to police and why the jury should believe her now, she said, "That's hard because I know what I said. I was struggling that morning … sometimes to protect family members you have to lie. I had had to lie to Carol a lot that year about things. I had to lie to my kids last month … so I know it might be hard to believe because when it comes to family and protecting them, sometimes I have to make a choice I wouldn't otherwise. But I am a person who acts with integrity. I am a person whose word means something and I'm not someone who would steal." 

The defense then ended its questioning of Mitchell. 

2:30 p.m. - Court is in recess

Court is in recess. Sen. Mitchell is expected to return to the stand when court resumes. 

2 p.m. - Sen. Mitchell details night of burglary 

Nicole Mitchell testified that on the day of the burglary, she left Woodbury around 1 a.m. and went in the night because she "didn't want confrontation," and it would have gotten Carol Mitchell agitated if someone was checking to see if she should still be living in her home. Nicole said she got to the Detroit Lakes home around 4:30 a.m. and wanted to be done before 5 a.m. so that "no one saw me." 

Nicole testified she had a key but did not use a key to get into Carol Mitchell's home, noting when she looked in the backdoor she saw a chair pushed against the door and wasn't sure if she could get the door open without creating a lot of noise. This is when she says she was more desperate to get into the house, so she went through the window in the basement of the home. 

When Nicole got inside, she said she took off her shoes because they were very dirty, and they don't wear shoes in the house. She then used the bathroom, and she put her backpack outside the bathroom. She then proceeded to check the basement, looking for anything "out of sort." She wanted to make sure the cat box was being maintained and nothing was being forgotten. 

She then went upstairs to check the fridge to make sure Carol had food and nothing was spoiled. She also was concerned about whether bills were getting paid, and she noted a stack of unopened mail in the house, she testified. 

Nicole was "relieved" the home wasn't so bad, but she did have some concerns. She then went to find Carol's phone, which wasn't on the counter in the kitchen like it typically was, so she went to check upstairs to see if it was with Carol, Nicole testified. 

When she got upstairs, Nicole could hear her breathing and sat and listened to her breathing. "At that moment it seemed peaceful," Nicole testified, adding it had been a hard year. That's when Carol started to stir, but then she got out of bed, went toward the door and bumped into where Nicole was standing. 

Carol asked what Nicole was doing there in her "mad voice," and then Nicole went into the hallway because she didn't want a confrontation, Nicole testified. Carol then chased Nicole, Nicole testified. Nicole went back into the basement to get a door between them, she testified. 

Nicole testified she did not go into the bedroom to harm Carol or get the gun that was allegedly there. 

"I regret what happened," Nicole said, noting maybe she didn't do it in the right way. 

When Nicole was in the basement, she waited to see what Carol would do. Carol said she had a knife and Nicole "freaked out," so then Nicole tried to shove her backpack out the window, but it was too small. Then Nicole said she "calmed down enough" and then opened the door again and realized Carol was calling the police. 

"I thought she knew it was me," Nicole said of Carol Mitchell seeing her, hoping the police would help calm the situation down. So Nicole waited in the basement. She was arrested when police arrived at the home, Nicole testified. 

Nicole testified she did not take anything from the home, nor did she go into the home to take anything, she testified. 

Nicole said going into the house felt different because she had a key, it was her parents' home, she went there frequently and her kids' toys were in the basement. She did say she did not have permission to be in the home. 

1:27 p.m. - Sen. Mitchell returns to the stand

Nicole Mitchell returns to the stand after the lunch break.

Nicole testified that Carol gave her a laptop after she said she no longer wanted technology. While clearing the computer, Nicole discovered Carol's email account was still active, despite Carol saying she deleted it. Nicole testified she then found medical appointments within the email, reset the health account password and accessed Carol's MyChart. The appointment had been for an Alzheimer's checkup. 

Noon - Court in recess 

Court is on a lunch break. Testimony will resume with Nicole Mitchell's testimony. 

11:11 a.m. - Sen. Nicole Mitchell returns to the stand 

Nicole Mitchell continued testifying after a brief break. 

The defense introduced text messages between Carol and Nicole about the internment of her father's ashes. Mitchell wrote that she could not attend the event in March 2024 due to a conflicting work schedule. However, she told Carol she could come up soon and suggested other dates that would work better. Carol pushed back about moving the date, saying others would have to change their schedules. 

As the conversation grew more intense, they argued about past issues. Nicole told Carol that she treated her "like an annoyance" as a child when she wanted a mother figure. Carol responded that Rod Mitchell was their only connection and that "now that he is gone… I guess there is nothing left," she wrote.  

The text messages between Nicole (in green) and Carol (in gray) can be viewed in the gallery below.

Nicole got emotional while continuing her testimony about the argument. "I was feeling so emotionally beat up by that point. And there was so much other stuff going on," she explained. "And I just, I just couldn't keep doing it. And I needed a break."

Mitchell said these conversations happened one month before the alleged burglary, and she didn't reach out to her again.

10:46 a.m. - Court in recess

The court is in the morning break.

9:50 a.m. - Sen. Nicole Mitchell

Sen. Nicole Mitchell is taking the stand in her own defense.

Mitchell began her testimony by talking about her life, family, and employment history. She explained that Carol Mitchell and her father, Rod Mitchell, married when she was a child, but Carol never adopted her. 

During her testimony, Mitchell talked about Carol's Alzheimer’s, explaining she first noticed her stepmom's symptoms in 2020, approximately two years before an official diagnosis. She recalled a time when Carol got confused after her dad went to the grocery store, and noticed other small events after that. She further explained that her family and Carol's family had a history of Alzheimer's.

Nicole testified that before her father's death the messages with Carol were "loving and cat memes" but after, there would be occasional messages of "something paranoid."

The defense introduced text messages between them following a visit in June 2023, where Carol shared how pleasant the visit was, and that her father was proud of her. Nicole became emotional on the stand while reading the text messages out loud. 

9:18 a.m. - Court in recess 

The court went into recess after the defense requested time to determine whether Nicole Mitchell would testify. 

9:14 a.m. - Corrections Officer Erick Scott 

Becker County Jail Corrections Officer Eric Scott was the first witness called to the stand on Thursday morning. 

Scott testified for the defense that he was assisting a female correction officer when Nicole Mitchell was booked into custody. He described Nicole as cooperative but "distracted" and "in her own mind," resulting in the correction officer telling her multiple times to go to the wall. 

Trial - Day 3 recap

The third day of trial on Wednesday consisted of additional witness testimony from the prosecution and defense.

The prosecution presented James Hedlund, a friend of Carol Mitchell, who shed light on the family dynamic. Pamela Muxfeldt, Carol’s niece and her power of attorney, detailed her relationship with Carol and Nicole Mitchell, and Carol’s Alzheimer’s diagnosis. 

Officer Douglas Vikmark of the Detroit Lakes Police Department testified about the alleged window entry point, Carol's phone, and photographic evidence from the scene. Jurors also viewed Police Chief Steven Todd’s bodycam footage, including Carol’s account of stepping on Nicole, who was reportedly lying on the floor by her bed. 

The state rested its case on Wednesday afternoon. The defense then called Jonathan Kuehl, Carol Mitchell's biological son, who stated Carol intended for Rod Mitchell’s shirt to go to Nicole. Nancy Lund, Nicole’s aunt, testified about Carol’s struggles with Alzheimer's and described Nicole as a "caretaker at heart." 

You can find a recap of the trial below: 

• Day 1 of trial – Jury selected
• Day 2 of trial – Opening statements and witness testimony
• Day 3 of trial – Witness testimony and state rest case

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