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 Monday at a conservative website’s request to review police body camera video in the arrest of DFL Sen. Nicole Mitchell last year. 

Alpha News sued for access to police body-worn and dash camera footage relating to the criminal investigation of Mitchell, a first-term legislator from Woodbury. She was arrested April 22, 2024, at her stepmother’s house in Detroit Lakes and 

Days after the arrest, Alpha News brought the action to compel law enforcement to release certain video related to the arrest. Attorneys for the website argue the public has a right to see the footage of a sitting senator on public accountability grounds. 

A Becker County judge denied access, determining it could affect Mitchell’s right to a fair trial, taint the jury pool or influence witnesses at a trial.

“In particular, in this era of social media, there is no control over the content. Alpha News and other media outlets could be relied upon to use this footage to report the news,” Judge Gretchen Thilmony wrote in a ruling last June. “There is no such reliability for the public at large, who have the capability to edit and manipulate imagery and post their own version on the internet.”

The appeals court reversed that ruling. 

In Monday’s opinion, Appeals Judge Elizabeth Bentley wrote that the three-judge panel takes “no position on the strength of the asserted public benefit” and “on whether the benefits of release outweigh the identified harms.” 

The matter was sent back to the lower court to apply a different balancing test. That means Alpha News can again argue for release. 

Mitchell's attorney Bruce Ringstrom said releasing the footage now would create a jury selection problem for both the state and the defense.

“The judge presiding over the criminal case has already ordered that video coverage of the trial is allowed,” Ringstrom said. “Release of the evidence before the criminal trial jeopardizes due process.”

In January, the judge in Mitchell’s case granted her request to 

 until after lawmakers adjourn in May. It is currently scheduled for June.

 against Mitchell is also on hold until the criminal proceedings are complete.

Mitchell denies wrongdoing and said it’s a misunderstanding related to her effort to retrieve belongings of her late father, including his ashes.

Democrats have a two-vote majority in the Senate but could go back to a one-vote majority pending a special election on April 29 that is historically a safe seat for Republicans. 

Alpha News is funded by donors on the political right and caters to a conservative audience.

Senate Minority Leader Mark Johnson, R-East Grand Forks, said the possible release of the Mitchell footage could “provide clarity” about her arrest last year.

“The public deserves transparency and accountability, and I hope the court will stand with them in that pursuit,” Johnson said in a written statement. “Legislators must be held to a higher standard, not shielded from consequences because of the office they hold.” 

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Alpha News sought to compel law enforcement to release certain video related to Sen. Nicole Mitchell’s arrest in April 2024. An appeals court ruling has reopened the possibility of body and dash camera footage being released ahead of her trial.

Conservative website‘s bid to access Sen. Mitchell body camera footage revived by appeals court

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