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Detroit Lakes officer testifies Sen. Nicole Mitchell's stepmother feared for life during alleged burglary

Prosecution rests in Sen. Nicole Mitchell burglary trial
Prosecution rests in Sen. Nicole Mitchell burglary trial 04:43

The prosecution rested its case Wednesday afternoon in the trial for a Democratic Minnesota state senator accused of burglarizing her stepmother's Detroit Lakes home. 

Sen. Nicole Mitchell of Woodbury is charged with felony first-degree burglary and possession of burglary or theft tools for the alleged break-in on April 22, 2024. She 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 Carol Mitchell, who Nicole Mitchell said has a worsening case of Alzheimer's.

Prosecution rests its case 

The prosecution rested its case Wednesday afternoon after several hours of testimony, including from Detroit Lakes Police Chief Steven Todd.

Todd described meeting Carol Mitchell after the alleged burglary; he went to her home and had her walk through the events of the night. In the body camera video, Carol Mitchell shows Todd her bedroom and shows him the drawers underneath her bed, which she says holds underwear and socks.

Carol Mitchell said "something woke me," the night of the incident, and she "stepped on a body" when she got up from bed "and it moved." 

The defense then asked Todd if he was aware if Nicole Mitchell had any of her father's or stepmother's items in her possession during or after her detention.

"No," Todd told the defense.

Carol Mitchell thought stepdaughter broke in to kill her, officer testifies

The trial resumed at 9 a.m. Wednesday. The prosecution called several witnesses to the stand. 

One such witness, Detroit Lakes police officer Doug Vickmark, said Carol Mitchell "was still pretty scared of the incident that happened" in an interview three days after the alleged burglary happened.

"She was very concerned that Nicole's purpose wasn't there to necessarily get items; she was more concerned possibly that Nicole might be trying to end Carol's life," Vickmark said.

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WCCO

He said later, when the defense cross-examined him, that there was a gun that belonged to Rod Mitchell, Carol's late husband and Nicole's father, nearby in a dresser. So when Carol Mitchell awoke and found Nicole Mitchell on the ground next to her bed, she speculated that Nicole was attempting to find that gun, he explained.

The prosecution also walked through a series of investigative photos Vickmark took showing the window through which Nicole Mitchell allegedly entered her stepmother's home, as well as the pry bar found outside the window.

The state also asked about Vickmark's examination of Carol Mitchell's phone, which he said revealed no texts or calls between her and her stepdaughter. Later, the defense made the point that Vickmark did not forensically examine the phone, which would have revealed whether texts or call logs had been deleted from the phone. 

The defense also asked Vickmark if any fingerprints or DNA had been taken from the scene, to which Vickmark said no.

Next on the stand was Pam Muxfeldt, Carol Mitchell's niece whom she granted power of attorney after her husband's death.

She was asked about Carol Mitchell's condition and said she did not share the same concerns that the defense said Nicole Mitchell had about her Alzheimer's. Muxfeldt said Nicole Mitchell called her in the summer of 2023 and told her she was worried about Carol Mitchell's health.

She testified that she kept a close watch on Carol Mitchell since becoming her power of attorney.

"Were you aware of anything going on in her life on April 22, 2024 that would've required an emergent break-in to her home?" Becker County Attorney Brian McDonald asked.

"No," she replied.

Carol Mitchell's son testifies

After the prosecution rested its case, the defense called its first witness to the stand, Jonathan Kuehl, Carol Mitchell's biological son whom she gave up for adoption.

Defense attorneys showed texts between Kuehl and Nicole Mitchell discussing Carol Mitchell's state.

Kuehl testified that high stress and trauma can make her memory worse, but that she is "functional."

"She's very functional and the Alzheimer's is there, and it's slowly progressing," Kuehl said. "But if there's trauma, like the death of Rod was a huge hit, and then you see the short-term memory, it's so difficult for her to recall short term."

Nicole Mitchell's aunt takes witness stand

Nancy Lund, Nicole Mitchell's aunt and sister of Carol MItchell's late husband, also testified Carol Mitchell was forgetting things. The defense walked through text messages she and her sister-in-law exchanged.

The defense asked what effect that had on her.

"Concern for Carol. 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.  

Lund also told the jury that she believed Nicole Mitchell is a very "trustworthy, honest" person and that money did not motivate her.  

Later during cross examination, the prosecutor Brian McDonald said, "You understand that Carol Mitchell is not on trial here?" to which Lund replied, "yes."  

She also confirmed that she told Nicole Mitchell after her arrest that "I don't understand what you did. I don't understand it."  

The defense plans to call a handful of other witnesses on Thursday, which means they could wrap their case as soon as that day.  

The trial reconvenes Thursday at 9 a.m.

Bodycam shown, Carol Mitchell testifies she felt "extremely violated"

The first witnesses in the trial took the stand after opening statements on Tuesday, including the stepmother herself and the officers who responded to her 911 call. 

On the first day of testimony, jurors also saw bodycam footage of the night of the alleged burglary. The video showed police finding Nicole Mitchell in a basement bathroom. She then explains the familial dispute at the center of the case and alleges her stepmother has become "paranoid."

In the video, Nicole Mitchell also tells an officer, "I know I did something bad," though she asserts she "didn't take anything" from the home.

During her testimony, Carol Mitchell said she felt "extremely violated" when her home was broken into. She also said she doesn't believe her stepdaughter cared about her safety or well-being.

"Nicole never let me get close to her," Carol Mitchell 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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