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Crime, Law and Justice
Mathew Holding Eagle III and Annie Baxter

Prosecution and defense in Nicole Mitchell case diverge in how they think she should be sentenced

A woman in a courtroom
Nicole Mitchell listens to the closing arguments of the state during the fifth day of her felony burglary trial on July 18 at Becker County District Court in Detroit Lakes. To the right of Mitchell are her attorneys Matthew Keller, Dane DeKrey and Bruce Ringstrom Jr. Mitchell resigned from the Minnesota Senate a week after her conviction.
Anna Paige | The Forum

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The defense and prosecution in former state Sen. Nicole Mitchell's felony burglary case are offering competing visions of how they think Mitchell should be sentenced next week. 

A Becker County jury found Mitchell guilty on two felony burglary counts in July. Mitchell's sentencing is scheduled for Tuesday. 

In a court filing this week, the prosecution argued Mitchell must serve at least six months in a Becker County jail or a workhouse, based on state sentencing guidelines and legal precedents. 

Meanwhile, the defense is asking the Becker County judge to reduce Mitchell's felonies to misdemeanors.

It also asked the judge to suspend jail time for Mitchell while they challenge sentencing guidelines. Currently Mitchell is looking at serving a minimum of six months in jail or a workhouse.

Mitchell's attorney, Dane DeKrey, said if the judge doesn't allow the challenge,  Mitchell should be allowed to serve her time outside Becker County — against the prosecution's request.

"We are asking that she is allowed to do what the vast majority of other defendants who are just like her be able to do, which is to serve her sentence close to her family in Ramsey County,” he said.

The prosecution argues state sentencing guidelines and legal precedents must dictate the outcome. And it objects to the request that Mitchell serve her sentence anywhere other than Becker County, noting that the victim of the crime lives there and that’s where proceedings unfolded.

“It was the Becker County jury who devoted their time and attention to listening to the case, and who found the defendant guilty of these offenses,” wrote Becker County Attorney Brian McDonald in a court filing. “The Defendant’s debt to society is owed more to the people of Becker County than to any other county in Minnesota.”