A Becker County judge has denied all of the pretrial motions raised by state Sen. Nicole Mitchell’s defense team in her upcoming criminal trial for burglary.
The DFL senator from Woodbury faces two felony charges for allegedly breaking into her stepmother’s home in Detroit Lakes in April of last year. According to court documents, Mitchell allegedly told police she was there to retrieve items that had belonged to her late father.
Mitchell’s attorneys filed a motion to dismiss one of the charges, a felony count of possessing burglary tools, which was added ten months after her arrest and just weeks after the judge granted Mitchell’s request to delay the trial until after the end of the legislative session. The defense contended that Becker County Attorney Brian McDonald added the charge out of “prosecutorial vindictiveness.” Judge Michael Fritz disagreed.
Mitchell’s defense team also filed a motion seeking access to the medical records of her stepmother, Carol Mitchell, related to Alzheimer's disease.
Judge Fritz denied that motion as well.
Mitchell defense attorney Dane DeKrey told MPR News he wasn’t surprised by district Judge Fritz’s ruling.
“Anytime that a motion doesn’t go your way, it’s disappointing. But you know, reading through Judge Fritz’s opinion, it’s obvious he took his time. It’s obvious it’s well-reasoned,” DeKrey said. “We know that sometimes you lose a battle, but the war wages on, and so we take it in stride and we’re going to continue to prepare for our day in court.”
DeKrey likened everything that’s been reported so far by the media about the case to the tip of an iceberg visible above the water.
“The point of a trial is to go under the water and show the giant piece of ice that hasn’t been seen, and people don’t know about,” DeKrey said. “Let’s not rush to judgment. Let’s not define what we know by that small tip poking out of the water, and let’s use this trial to see what’s underneath, to give Senator Mitchell the fair shake that she deserves.”
Mitchell’s trial, which was initially slated to begin in late January of this year, was delayed until the end of the 2025 legislative session. It is now scheduled to begin Monday, June 16 in Detroit Lakes.
Mitchell has pleaded not guilty to the charges. Becker County Attorney Brian McDonald could not be reached for comment.
