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Sen. Nicole Mitchell's defense presents case, including her testimony, in burglary trial

Sen. Nicole Mitchell's testifies in her own defense in burglary trial
Sen. Nicole Mitchell's testifies in her own defense in burglary trial 04:28

The burglary trial of Minnesota state Sen. Nicole Mitchell entered its third day of testimony on Thursday and the case could soon be presented to the jury.

The Woodbury Democrat is accused of burglarizing the Detroit Lakes home of her stepmother, Carol Mitchell, on April 22, 2024, and is charged with felony first-degree burglary and possession of burglary or theft tools.

The senator pleaded not guilty and has said she was in the home to retrieve some of her late father's items, as well as check on her stepmother, who lives with Alzheimer's disease.

The prosecution wrapped up its case on Wednesday, and the defense continued to present its case on Thursday.

Nicole Mitchell takes the stand

The embattled senator herself took the stand around 9:40 a.m. on Thursday and spent the rest of the day in court testifying.

Nicole Mitchell discussed her relationship with Carol Mitchell and her stepmother's Alzheimer's diagnosis before recounting the night of the break-in. She maintained she was there to check on Carol Mitchell's condition.

"I regret what happened and maybe that I didn't do it the right way," she said. "I don't regret being worried. I think you should try to look out for your family."  

The prosecution, after asking Nicole Mitchell a series of questions about the facts of the case, asked what Nicole Mitchell's late father would think of the break-in.

"I think he would be very sad by this whole situation and that he would support me because he loved Carol and even if I did it the wrong way, he would've wanted me to do my best to take care of her," she said.  

Prosecution rests after 2 days of testimony

On Wednesday, Becker County Attorney Brian McDonald rested his case after showing new body camera video of the senator's stepmother, Carol Mitchell, telling officers what happened.

"I couldn't figure out what woke me, if it was a loud sound or if what," Carol Mitchell told an officer in the body camera video. "I stepped down and I stepped on a body."

Police say that body was Nicole Mitchell. Prosecutors claim she was caught "red handed" breaking into her stepmother's home last year.

The defense disagrees, claiming the senator went to the home early that morning, concerned about her stepmother. They showed text messages between Nicole Mitchell and other family members raising their concerns.

Nancy Lund, Nicole Mitchell's aunt, testified that Carol Mitchell was forgetting things.

"She was having a lot of trouble trying to keep things together and concern that she would be a vulnerable adult who could be taken advantage of," Lund said.

The trial saw two delays before finally beginning this week — one until after the legislative session at Nicole Mitchell's request and another following the June shootings of two Minnesota lawmakers and their spouses.  

Nicole Mitchell has survived multiple expulsion attempts by her Republican Senate colleagues, but the body's DFL Caucus did remove her from committee assignments and caucus meetings days after her arrest. 

WCCO will offer special, extended coverage of Mitchell's trial online and on CBS News Minnesota.

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