Sen. Nicole Mitchell's burglary trial - guilty on all charges

DETROIT LAKES, Minn. (FOX 9) - The jury in the burglary trial of Sen. Nicole Mitchell found her guilty on both charges. 

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. 

Updates on Day 5 of Sen. Mitchell's trial can be found below. 

4:14 p.m. - Republicans expect ‘immediate resignation’

Senate Republican Leader Mark Johnson (R-East Grand Forks) released the following statement: 

"I applaud the jury and the prosecution for their diligent work to deliver justice in this case. The verdict only confirms the fact that Sen. Mitchell’s actions the night of April 22, 2024, failed to meet the level of ethical behavior we expect from elected officials, and her continued participation in the Minnesota Senate leaves the body with a stain on its record for every time her vote was the deciding vote in passing legislation.  Senate Republicans have been clear since day one that this conduct is unbecoming of a Senator and we expect her immediate resignation from the Senate. If she is unwilling to resign, she must be expelled as soon as possible to protect the integrity of the Senate." 

4:10 p.m. - Democrats believe she'll resign

Senate Majority Leader Erin Murphy (DFL-St. Paul) released the following statement: 

"Sen. Mitchell has been afforded due process, a trial by a jury of her peers, and that jury has delivered a verdict. I am relieved to see the end of Sen. Mitchell’s trial. The case’s resolution brings clarity to the situation. Sen. Mitchell has told colleagues that she intended to resign if found guilty of this crime, and I expect her to follow through on that pledge. Our caucus remains focused on the issues that matter to Minnesotan families and communities."

4:05 p.m. - Sen. Nicole Mitchell found guilty

The jury found Sen. Nicole Mitchell guilty of first-degree burglary and guilty of possession of burglary tools. 

A sentencing date was not revealed when the verdict was read. 

3:41 p.m. - Jury reaches a verdict 

The jury reached a verdict after about three hours. FOX 9 will bring you live coverage in the player above. 

Nicole Mitchell faces two charges: 

• one count of first-degree burglary
• one count of possession of burglary tools

12:38 p.m. - Jury deliberations are underway

The case has been handed over to the jury. Deliberations are underway. The final jury is made up of nine men and three women. 

12:30 p.m. - Prosecution delivers rebuttal 

Becker County Attorney Brian McDonald delivered a rebuttal to the defense attorney's closing argument. 

12:10 p.m. - Court in recess

The court is in recess until the prosecution provides a rebuttal to the defense's closing argument. 

11:15 a.m. - Defense's closing argument

Nicole Mitchell's attorney, Bruce Ringstrom, Jr. delivered his closing argument, presenting his case for reasonable doubt and arguing against the prosecution's claims.  

He said, sometimes you say things that aren't true in order to not aggravate the situation. 

"We all know the difference between a white lie and a meaningful, damaging one. The problem is that this happened in the context of something that was a terrible mess, a mess that Nicole made. But it was a mess," Ringstrom said. 

Ringstrom said if Mitchell's intention was to steal, she never would have left the basement. 

10:50 a.m. - Prosecutor delivers closing argument

Becker County Attorney Brian McDonald delivered his closing argument, going through the evidence and arguments against Nicole Mitchell. 

McDonald said Nicole Mitchell is guilty of burglary. He said Nicole carefully crafted her testimony to protest herself. 

He said this began as a tragic family event "However, disputes are settled in court not with crowbars, ladies and gentlemen. Remember, Carol Mitchell is not on trial here. The defendant and the defendant alone is on trial," McDonald said. 

McDonald then discussed the "many lies of Nicole Mitchell." 

10:30 a.m. - Court resumes

The judge is giving some instructions to the jury ahead of closing arguments. 

10:02 a.m. - Court recess

The count is taking a break until about 10:22 a.m. The defense has rested its case. 

9:41 a.m. - Jay Brody

Jay Brody of the Wisconsin National Guard testified for the defense. He worked with Nicole Mitchell in the Guard and has known her for six years, he said. Brody testified that Nicole Mitchell told her about her concerns about Carol Mitchell's well-being. The concerns began after Rod Mitchell's death, Brody said. 

Brody testified Mitchell was her commanding officer but is no longer. 

9:08 a.m. - Sen. Mitchell's aunt takes the stand

Sen. Mitchell's aunt, Cindy Markey, was the first person to testify on Friday. Markey testified about Carol Mitchell's Alzheimer's disease and its progression, including Carol Mitchell introducing Markey's daughter to Markey at Nicole Mitchell's dad Rod Mitchell's funeral and being unable to find items. Markey said Carol Mitchell changed in recent years because she would cancel plans that she would make or not remember plans, and it made Markey "very worried" for her, she testified. 

Markey testified she got a text from Carol Mitchell that people were not allowed in her house anymore. Screenshots of the text messages were shown in court, where Carol Mitchell said "my house is off limits." 

During Markey's testimony, the defense showed text messages between Markey and Carol Mitchell about Rod Mitchell's ashes and spreading them along with other family members' ashes. Markey then testified that Carol Mitchell said Rod Mitchell couldn't have the ashes because the urn was sealed. Markey testified that she believes Carol was being mean, not that she forgot she said they could have some of the ashes. 

In regard to Rod Mitchell's internment, Markey testified that Nicole Mitchell couldn't attend due to the Minnesota Legislature being in session. Carol Mitchell said they couldn't change the date because others would have to change their plans, Markey testified. Five people attended the internment, Markey testified. 

Markey testified that she had gone into her daughter's home without permission to check on her. And Nicole Mitchell was aware of this. 

Markey testified about her sister's estate and what Nicole Mitchell was intended to get from the estate. If the sister had outlived Rod Mitchell, thousands of dollars would have gone to Nicole Mitchell, Markey testified. The money didn't go to Nicole Mitchell because Markey's sister died "very suddenly" and there were mistakes made in her will, so the money went to Carol Mitchell because legally she was Rod Mitchell's heir, Markey testified. 

During Markey's testimony, the defense showed a text message from Carol Mitchell that implies Nicole Mitchell should have gotten the money from Markey's sister's estate and Rod Mitchell's CD. 

Markey testified about Nicole Mitchell's love for Carol Mitchell. 

9:07 a.m. - Court resumes

At least two more people are expected to testify for the defense before closing arguments on Friday. Their testimony is expected to be brief. 

The jury will be able to deliberate late into the evening, as late as 9 p.m., but they will not deliberate on Saturday or Sunday. If the jury doesn't reach a verdict on Friday, the jury will return at 9 a.m. on Monday. 

Sen. Nicole Mitchell trial recap

The backstory:

Prosecutors allege Nicole Mitchell, dressed in all black, parked down the road from the house, 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 with Alzheimer's. Nicole Mitchell previously 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 alleged burglary at Carol Mitchell's home, explaining she entered without permission to check on her stepmother's well-being 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. 

Previous coverage of the trial can be found below:

• Day 1 of trial – Jury selection
• Day 2 of trial – Opening statements and witness testimony
• Day 3 of trial – Witness testimony and state rest case
• Day 4 of trial – Nicole Mitchell testifies

Sen. Nicole Mitchell charges 

Dig deeper:

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.

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