State Sen. Nicole Mitchell will resign after guilty verdict in burglary trial
A Minnesota state senator will resign from office from her seat after she was found guilty Friday of burglarizing her stepmother's home, her attorney said in a statement.
Nicole Mitchell was convicted of felony first-degree burglary and possession of burglary or theft tools for breaking into her stepmother Carol Mitchell's Detroit Lakes, Minnesota, home on April 22, 2024. The jurors deliberated for just over three hours following four days of testimony.
Her defense attorneys announced Monday her resignation will come no later than 5 p.m. on Aug. 4. The announcement said she needs time to "wrap up outstanding legislative projects ... complete ongoing constituent services ... transition legislative staff ... [and] obtain health insurance for her son."
Nicole Mitchell, a Democrat, represents parts of Woodbury and Maplewood. Her resignation leaves the Minnesota Senate tied at 33-33 at least until a special election is held. If Republicans prevail in that contest, it would shift the balance of power in the chamber since Democrats have just a one-seat majority right now.
Leaders in the Minnesota Legislature and the governor's office previously said they expected Nicole Mitchell to resign.
Minnesota Senate Majority Leader Erin Murphy said Nicole Mitchell "has gotten the due process she is entitled to and was convicted by a jury of her peers."
"With the clarity brought by the resolution of this case, the Senate DFL Caucus will continue to focus on issues that improve the lives of Minnesota families and communities," Murphy said.
GOP Senate Minority Leader Mark Johnson criticized her decision to not resign immediately and blamed Democrats for "refusing to hold her accountable during session." His caucus tried and failed to expel Mitchell from the chamber in wake of the charges.
"Senator Mitchell was convicted of two felonies; she doesn't get to give the Senate two weeks' notice. Democrats shielded Mitchell for 15 months to protect their political power, but a jury needed just three hours to confirm what was already clear: she shouldn't be a senator," he said in a statement.
Gov. Tim Walz's office is expected to announce details about a special election after Nicole Mitchell's resignation. There is another special election set for September to fill a vacancy left by former DFL House Speaker Melissa Hortman's politically-motivated assassination.
Nicole Mitchell pleaded not guilty, and during the trial, her defense argued that she was at the home to check on her stepmother, who lives with Alzheimer's. Nicole Mitchell herself spent more than five hours on the witness stand, testifying about her relationship with her stepmother, which she said had become increasingly turbulent following her father's death and her stepmother's Alzheimer's diagnosis.
Nicole Mitchell's stepmother Carol Mitchell also took the stand, saying that she felt "extremely violated" after finding Nicole Mitchell in her home.
The judge overseeing the trial said Nicole Mitchell could remain free until her sentencing, which is scheduled for Sept. 10. She faces a mandatory minimum of 180 days in jail.
