Sen. Nicole Mitchell convicted on burglary charges
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Minnesota state Sen. Nicole Mitchell (DFL-Woodbury) was found guilty of felony burglary by a Detroit Lakes jury Friday.
The latest: The jury delivered the verdict — guilty on charges of first-degree burglary and possession of burglary tools — just hours after closing arguments.
- Mitchell did not speak to the press following the verdict, but defense attorney Dane DeKrey told reporters she plans to appeal, per the Star Tribune.
The big picture: The fallout over the verdict could upend the balance of power at the State Capitol, where Democrats have a one-seat Senate majority.
Catch up fast: Mitchell, a first-term Democrat, meteorologist and former lieutenant colonel in the Air National Guard, has faced pressure to resign since police arrested her on the morning of April 22, 2024, following a report of a burglary at her stepmother's Detroit Lakes home.
Mitchell, discovered in the basement dressed in black, told officers at the time that she was there to retrieve her late father's items, according to a criminal complaint and police body camera footage.
- But Mitchell later denied that her intent was to steal, saying she was attempting to check on her stepmother amid concerns about Alzheimer's and associated "paranoia."
What happened: In her trial testimony, Mitchell admitted to trespassing in the home and claimed she lied to police about her reasons for being there, but said she did both things out of concern for her ailing stepmother.
- In his closing argument, Mitchell's attorney had argued there was a distinction between trespassing and burglary, saying the state couldn't "rule out that Nicole Mitchell entered just to check on Carol."
The other side: Prosecutors argued Mitchell's explanations didn't add up to a daughter's concern, pointing out the tools she took with her, including latex gloves a small crowbar.
- "Who packs a freaking prybar just in case?" Becker County Attorney Brian McDonald said during his closing argument.
By the numbers: The felony burglary charge carries a minimum sentence of six months in jail, per Mitchell's attorney, and a maximum sentence of 20 years.
- A sentencing date has not been set.
Between the lines: Mitchell repeatedly rebuffed Republicans' calls to resign over the charges in the wake of her arrest.
- While some top Democrats, including Gov. Tim Walz, have said they thought she should step down, the Senate DFL Caucus repeatedly blocked GOP efforts to remove her from her seat.
- Defenders of Mitchell remaining in the Legislature, including Senate Majority Leader Erin Murphy, acknowledged the serious nature of the allegations, but said Mitchell had a right to due process.
Zoom in: As a result, Mitchell was able to continue to cast what was effectively the deciding vote whenever the narrowly divided chamber split on party lines.
- Those votes included major pieces of the DFL's agenda when Democrats held full control of the Capitol in 2024, budget-related bills and procedural fights and resolutions related to her own standing in the Senate.
What we're watching: What Mitchell — and top Senate Democrats — do next.
- In a statement issued minutes after the verdict, Murphy said 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."
- The governor's office told Axios that Walz expects Mitchell will resign and will have more information on a special election soon.
The bottom line: The Legislature is scheduled to reconvene in February. If she doesn't resign, Walz could call a special session for an expulsion vote.
- It would take a vote of two-thirds of the chamber to forcibly expel Mitchell from the chamber.
More coverage: Minnesota senator's guilty verdict could put Democrats' narrow majority in play
Editor's note: This story has been updated with additional details and reporting, including comment from Mitchell's defense attorney.