State Sen. Nicole Mitchell, a first-term Democrat from Woodbury, Minnesota, was arrested in Detroit Lakes on suspicion of burglary. (Aaron Lavinsky/Minneapolis Star Tribune/TNS)
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A somewhat uneventful 2024 legislative session was thrown into disarray last week when a Democratic-Farmer-Labor state senator was charged with felony burglary after allegedly breaking into her stepmother’s northern Minnesota home.
The arrest and charges against Sen. Nicole Mitchell, DFL-Woodbury, have been disruptive in the Senate, where her party controls a one-seat majority over Republicans. Already, votes have been delayed in the Senate, as without Mitchell’s presence, partisan legislation likely would fail in 33-33 tie votes.
With a felony charge looming and a Senate ethics complaint hearing scheduled for May 7, Mitchell has said she won’t resign. Her fellow Democrats say their colleague shouldn’t be ousted based on a charge and limited facts.
Republicans, on the other hand, want an expedited investigation into the senator, and are calling for her to resign. They say she’s violated public trust and accuse her of changing her story about the incident.
Here’s what we know:
Alleged break-in
It’s still not clear exactly what happened in the lead-up to Mitchell’s April 22 arrest in Detroit Lakes. But charges filed against the senator say police found her in her stepmother’s basement after receiving a 911 call about a burglary around 4:45 a.m.
Mitchell told police she had gotten into the home through a basement window, according to the charges, which said she was dressed in all black and told police she knew she “did something bad.”
She told police she had driven more than 200 miles from the Twin Cities that morning and was trying to retrieve her late father’s ashes and other items of sentimental value, charges said. It was difficult to retrieve items because her stepmother had stopped communicating with her, Mitchell allegedly told officers.
Police later found a laptop belonging to the stepmother in Mitchell’s bag, though in a statement posted to social media, Mitchell denied she was in the house to steal. In that same statement, she claimed she was checking on her stepmother and made no mention of the ashes.
Mitchell’s attorneys claim she has visited the Detroit Lakes home countless times over the years, and even had a key to the house.
Contradicting accounts
There are contradictions between Mitchell’s statements in the charges and the statements she’s made online and through her attorneys. But her stepmother also has a different account of what happened.
In an interview with the Associated Press, the stepmother said she is afraid of Mitchell. Most of her husband’s remains were buried, she told the AP, but she sent Mitchell a small container containing some ashes.
And in the 911 call, the stepmother said she tripped over someone who was lying on the floor of her room, who then ran into the basement. By that account, it’s unclear how an intruder got into the house.
The stepmother now has a restraining order against Mitchell. As part of the conditions of her release from her jail, the senator is not allowed to contact her stepmother.
Political consequences
The DFL has controlled state government since last year, but it hinges on a narrow majority in the Senate.
With 34 DFL seats to 33 GOP seats, Mitchell’s arrest may threaten their margin, making it impossible to pass partisan legislation.
Mitchell hasn’t been seen at the Capitol since her arrest, and she hasn’t participated in any Senate votes. Senate Majority Leader Erin Murphy, DFL-St. Paul, told reporters Wednesday that she’d consider allowing Mitchell to vote remotely for the rest of the session.
Votes have been delayed and committee hearings have been canceled due to Mitchell’s absence. Her attorneys say she plans to continue her work as a senator.
What’s next?
Mitchell, a first-term senator, was elected in 2022 and is in the second year of her four-year term. If she remains in office, she won’t face election again until 2026.
Republicans want to see her resign or removed from office, but for now at least, that’s unrealistic as there’s a two-thirds majority threshold to oust a senator.
Instead, Republicans have filed an ethics complaint against Mitchell, which will require the Senate Subcommittee on Ethical Conduct to investigate her conduct.
That panel is now scheduled to meet on May 7 to take up two ethics complaints, including Mitchell’s. But even if they find wrongdoing, it doesn’t mean Mitchell will be removed from office.
Republicans say Mitchell needs to be investigated not just for her charges, but for her contradicting statements on what occurred the night of the burglary.
Mitchell is next expected to appear in Becker County court on June 10.
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This story was originally published April 28, 2024, 6:44 PM.