Bodycam video shown, testimony underway in Sen. Nicole Mitchell's burglary trial
Testimony began Tuesday in the trial for a Democratic Minnesota state senator accused of burglarizing her stepmother's Detroit Lakes home.
The jury in Sen. Nicole Mitchell's trial was seated on Monday. She is charged with felony first-degree burglary and possession of burglary or theft tools for the alleged break-in on April 22, 2024.
Opening statements wrapped shortly before 10 a.m. and the first witness soon followed.
Mitchell's stepmother testifies
Nicole Mitchell's stepmother, Carol Mitchell, testified late Tuesday morning, although she opted not to be recorded on camera during her testimony.
During the testimony, Carol Mitchell said she felt "extremely violated," when her home was broken into.
"It was frightening," she said. "I didn't dare to stay there. I moved out."
She added that she was surprised to learn that Nicole Mitchell had broken in, and she had not given her stepdaughter permission to enter the home. She said she moved back into her home after a security system was installed.
The defense then asked Carol Mitchell if her stepdaughter cared about her safety or well-being.
"I don't believe so," she told the court. "Nicole never let me get close to her."
Carol Mitchell said she was given the estate after her husband died. According to her testimony, she had a son when she was 18 years old whom she gave up for adoption. Later in life, they reconnected, and her son would often come to visit her after her husband died. During the testimony, she said Nicole Mitchell had told her that she didn't believe her son should receive all of the family money.
The 911 dispatcher who took the call from Carol Mitchell also testified Tuesday.
"I don't know I'm just scared," she said on the call, which was played in court.
"Are you armed?" the dispatcher asked on the call.
"I have a little steak knife in my hand right now," she said in response.
Bodycam footage shows Nicole Mitchell's encounter with police
Bodycam video shown at Nicole Mitchell's trial on Tuesday offers the first actual look at the night she is alleged to have burglarized her stepmother's Detroit Lakes home.
The video shows an officer enter the basement, where he finds Nicole Mitchell in a bathroom, clad in black. Though she did not respond to the officer's initial announcement as he walked down the stairs, when he finds her in the bathroom and orders her to get on the ground and put her hands behind her back, she complies.
Nicole Mitchell then identifies herself to her stepmother and says she "was just trying to get some of my dad's things because you wouldn't talk to me anymore."
Carol Mitchell then accuses her of stealing documents.
"No one stole anything here," Nicole Mitchell says.
Nicole Mitchell tells police her stepmother is "paranoid" and has Alzheimer's.
As Nicole Mitchell explains the familial dispute at the center of the case, her stepmother accuses her of "trying to get money."
The officer then leads Nicole Mitchell out of the house and into his squad car, where he reads her Miranda rights before interviewing her.
"I know I did something bad," Nicole Mitchell begins by saying.
She then alleges her stepmother has "progressively cut off the family" due to paranoia caused by Alzheimer's.
Nicole Mitchell tells the officer she got into the house through the basement window and "just wanted to get a couple of my dad's mementos."
The officer then informs Nicole Mitchell she is under arrest for burglary, to which she asks, "Even if I didn't take anything?"
The officer explains the burglary charge and tells Nicole Mitchell, "You're definitely dressed for it." The video goes on to show her being escorted and processed into jail.
Prosecution tells jurors, "Don't get distracted"
The prosecution's opening statements began with a plea to jurors to remember Nicole Mitchell's words to police on the night of the alleged burglary: "I know I did something bad."
Attorney Brian McDonald said she "was caught red-handed."
"This case won't be about speculation. It won't be about trying to read between any lines," McDonald said. "It will be about what the defendant did, what she admitted to and what you will see and hear with your own eyes and ears."
The prosecutor said his team intended to call the responding officers to the witness stand and show their bodycam footage in court. He said the jury will see "clear confessions, clear expression of intent, all caught on high-definition body camera."
Finally, he urged jurors not to get distracted by discussions of family disputes or Carol Mitchell's health.
"No amount of grief or frustration can justify a home burglary," McDonald said. "Do not get distracted."
"A burglar runs. A concerned child stays," defense says
The defense's opening statements painted Nicole Mitchell as a "concerned child" who went to her stepmother's home in April 2024 to ascertain how serious the woman's Alzheimer's had become.
Defense attorney Bruce Ringstrom Jr. emphasized how long Carol Mitchell has been in her life and how close they had been previously.
Ringstrom said the stepmother's worsening condition, coupled with Nicole Mitchell's father's death, led to an untenable situation in which Nicole Mitchell felt she needed to take action.
"Nicole Mitchell is a person who always gets things done," Ringstrom said. "Her persistence can be counted on. So when problems come up in the family, she takes the initiative to fix those problems."
The defense mentioned a previous instance in which Nicole Mitchell's stepmother accused her of theft, which the defense said was false. Ringstrom later connected this accusation to the case at hand.
McDonald said Nicole Mitchell doesn't deny entering the home without consent, but that the only thing that matters in this case is her intent, because the state charged her with burglary.
"A person can be not guilty of charges the government brings, even when they could be guilty of charges the government never brought," McDonald said. "What matters for burglary is that they got in without permission and they intended to commit a crime inside the building."
The defense's argument, in summation, is that Nicole Mitchell intended to check on her stepmother, not steal.
"A burglar runs," McDonald said. "A concerned child stays."
The charges against Mitchell
According to a criminal complaint, Nicole Mitchell's stepmother called 911 to report a burglary, and responding officers found Nicole Mitchell, dressed in black, fleeing to the basement. She allegedly told police she was there to retrieve personal items belonging to her recently deceased father after her stepmother cut off contact with her and other family members.
Charges say officers found a backpack with two laptops inside, a cellphone, Tupperware, items identifying Nicole Mitchell and a sock-covered flashlight.
"Clearly I'm not good at this," she allegedly told officers, according to court documents.
Nicole Mitchell pleaded not guilty and issued a statement following the arrest that she was helping a loved one with Alzheimer's.
The trial was scheduled to begin in January, but Nicole Mitchell successfully petitioned for a delay until after the legislative session wrapped. It was then delayed again after two Minnesota lawmakers and their spouses were targeted in what authorities called politically motivated shootings.
Nicole Mitchell's attorneys asked the judge in May to dismiss the burglary tool charge, which came via an amended complaint in February. Her defense argued the charge was retaliatory for the delay and violated her right to due process.
Two attorneys unaffiliated with the case said they expect Nicole Mitchell to take the stand during her trial. Twin Cities lawyer Mike Bryant said he expects the trial to wrap by the end of the week.
Criminal defense attorney Joe Tamburino said "it's going to be very difficult [for Nicole Mitchell] to win."
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.
Day 3 of the trial will resume at 9 a.m. on Wednesday.
WCCO will offer special, extended coverage of Mitchell's trial online and on CBS News Minnesota.
