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A Becker County jury has found state Sen. Nicole Mitchell guilty of two counts of burglary for breaking into her stepmother’s home in Detroit Lakes last year, and the verdict could have big ramifications at the Capitol, as the conviction could cost the DFL control of Minnesota Senate.

The jury of nine men and three women deliberated for about three hours after getting the case at 12:38 p.m. Friday. 

MPR News reporter Mathew Holding Eagle III, who was in the courtroom, reports that Carol Mitchell sat in the courtroom flanked by her son and sister, who each held one of her hands, as the judge read the guilty verdicts. 

The defendant, Nicole Mitchell, appeared “pretty emotionless, maybe even poker faced” while listening to the verdict.

That was significant contrast to how she appeared on the witness stand, as she became emotional, her voice wavering, and she broke down in tears several times.

Mitchell did not talk to reporters and ducked out a back door of the courtroom after the verdict was read and the proceedings ended.

The first-term DFLer from Woodbury broke into her stepmother’s home in the early morning hours of April 22, 2024, dressed in black and equipped with a flashlight covered with a sock.

While on the stand testifying in her defense Thursday, Mitchell adamantly insisted that she had entered her stepmother’s house without permission in order to check on the welfare of her stepmother, Carol Mitchell, who has Alzheimer’s disease.

But that contradicted what Nicole Mitchell herself told police police officers who arrested her after Carol Mitchell called 911 to report an intruder. 

And Becker County Attorney Brian McDonald hammered away at that contradiction in his closing arguments Friday.

He began Friday morning by repeating a statement Mitchell made while in police custody, captured by body worn cameras: "I know I did something bad.”

He added, “Now she wants to lie about it.”

Continuing to suggest that Mitchell made up the story about a welfare check to cover up her crime, McDonald told the jury, “This is convenient testimony by an admitted liar. Ladies and gentlemen, do not buy it.”

In brief comments to reporters after the verdict, prosecutor McDonald told reporters, “body cameras definitely help(ed)” expose the contradictions between Mitchell’s statements to police and testimony. 

“I’m pleased for Carol Mitchell for some justice,” McDonald also said.

Mitchell defense attorney Dane DeKrey expressed disappointment in the verdict, but praised his client and her poise.

“Senator Mitchell is one of the strongest people I know,” DeKrey said. “Very few people get up in their defense and testify for that many hours, subject themselves to cross examination, are willing to have their lives looked at, peered into that way. I’m proud of her. She will be fine.”  

The guilty verdict’s impact extends beyond Sen. Mitchell. While a conviction wouldn’t automatically cost her the legislative seat, it would be difficult for her to carry on with a felony on her record.

Almost immediately following the announcement of the verdict, Senate Majority Leader Erin Murphy announced that Mitchell told colleagues that she would resign her Senate seat if she was found guilty. Both Murphy and Senate Minority Leader Mark Johnson said they expected Mitchell to step down given the outcome. Johnson said if Mitchell didn’t, he would call for her expulsion.

When asked if Mitchell would resign, her attorney DeKrey told reporters, “I have no idea,” adding, “This is not about politics. It was never supposed to be about politics.”

“That’s a personal decision that she and her party have to make,” DeKrey said.

She has resisted calls to resign and efforts to expel her have fallen short since spring of 2024.

It would take a two-thirds vote to remove her if the Senate took that vote when lawmakers reconvene in February 2026 or sooner in a potential special session.

Many fellow DFLers have defended her right to take the case to trial and held off on siding with Republicans in trying to push her out until then.

The DFL has a slim 34 to 33 majority over Republicans. The parties would be tied if Mitchell steps down until a special election for her seat would be held.

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A jury found state Sen. Nicole Mitchell guilty of two felony burglary charges for breaking into her stepmother’s home in April of 2024. The conviction could cost the DFL control of the Minnesota Senate.

A jury found state Sen. Nicole Mitchell guilty of two felony burglary charges for breaking into her stepmother's home in April of 2024. The conviction could cost the DFL control of the Minnesota Senate.

Sen. Nicole Mitchell guilty of two counts of burglary after multi-day trial

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