Judge grants motion to delay burglary trial for state Sen. Nicole Mitchell until after legislative session
DETROIT LAKES, Minn. — A Becker County judge has granted a motion to delay the trial of a Minnesota state senator charged with first-degree burglary.
According to court records filed Friday, the trial for Sen. Nicole Mitchell, DFL-Woodbury, will now happen within 60 days of May 19, 2025, which is the last day of the legislative session. She requested the delay last week, just before session began.
The trial was scheduled to begin Jan. 27, but Mitchell's attorneys cited a law that states a law that states "no cause or proceeding, civil or criminal…shall be tried or heard during a session of the legislature" if the member of legislature is an attorney, party or witness.
Prosecutors sought a speedy trial, but Judge Michael D. Fritz in his order said the statute is clear that there is a "privilege for legislators" to continue court proceedings when the session ends.
"The State requests this Court to deny a continuance based on the level of the offense alleged. However, the statute does not differentiate between types of offenses. By its plain language the statute applies to any criminal charge," Fritz wrote in the order. "The State calls into question the wisdom of this law and made policy arguments against the statute. This Court must follow the law as it is written."
Mitchell pleaded not guilty to first-degree burglary in August and has denied wrongdoing. According to the criminal complaint, Mitchell admitted to police she broke into her stepmother's home in Detroit Lakes last April to retrieve some of her late father's personal items, including his ashes.
"I was just trying to get a couple of my dad's things because you wouldn't talk to me anymore," Mitchell said to her stepmother during her arrest, according to the complaint.
Her arrest last year spilled over to the state capitol, where Mitchell was removed from her committees and caucus meetings after charges against her were filed, though she still participated in Senate votes. Some Democratic leaders, including DFL Chair Ken Martin and Gov. Tim Walz, called for her resignation.
Senate Republicans filed an ethics complaint against her, and also tried at one time to expel her from the chamber.
In a statement, GOP Senate Leader Mark Johnson signaled that Republicans could take similar actions now that her trial is delayed.
"Sen. Mitchell's last-minute decision to request trial delay this week is an abuse of her status as a Senator. She also has the right to waive her privilege to a delay to bring this entire matter to a swift conclusion," Johnson, R-East Grand Forks, said in a statement. "This is not a victimless crime; this delay revictimized those involved, and Senate Republicans will not stand idly by while Sen. Mitchell abuses her position to deny justice."
Note: The above video first aired on Jan. 10, 2025.
