Sen. Mitchell won't go on trial for burglary charge before start of next legislative session

A Democratic state senator's burglary trial has been scheduled for late January, which is after the start of the 2025 legislative session.

Sen. Nicole Mitchell of Woodbury has pleaded not guilty to the felony charge that stems from an April arrest in Detroit Lakes. She's accused of breaking into her stepmother's home to take items belonging to her late father.

The trial is set to begin on Jan. 27. That's about two weeks after the start of the legislative session. The Senate is presently knotted at 33 seats for both the DFL and Republicans, with a special election in November determining which party will have the upper hand heading into the 2025 session.

Last week, the Becker County attorney and lawyers for Mitchell reached a stipulation that bars prosecutors from arguing that a laptop computer was stolen as part of the burglary charge. Mitchell had it in a backpack searched by police when they encountered her at the home in the early morning hours following a 911 call of a possible break-in.

Mitchell’s defense team has argued the incident was a misunderstanding.

Mitchell, a first-term lawmaker, has faced calls to resign and is the subject of an ethics investigation.

The ethics proceeding has been on hold as the criminal process plays out. Another hearing before the Senate ethics panel had been set for next week.

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