Nicole Mitchell, the Democratic Minnesota state senator accused of burglarizing her stepmother's Detroit Lakes home in April 2024, is seeking to have one of her criminal charges dismissed, citing "prosecutorial vindictiveness."

Mitchell was first charged in Becker County with first-degree burglary just hours after the alleged break-in on April 22, 2024. Her trial was set to start on January 27, but she successfully petitioned to delay proceedings until after the legislative session on June 16.

But in early February, prosecutors filed an amended complaint containing an additional charge of possession of burglary or theft tools. Court documents note a blue crowbar was found near an egress window in Mitchell's stepmother's basement, and Mitchell allegedly told authorities she entered the home through a basement window.

In Tuesday's filing, Mitchell's legal team claims the prosecution's move to add the tool charge soon after the trial's delay was retaliatory in nature and violates her right to due process.

They also seek an evidentiary hearing to question Becker County Attorney Brian McDonald, "as he is the only person who can speak to why the state included a new charge in its amended complaint," the filling states.

Her legal team also accuses McDonald's office of filing the second charge in order to give "the state two bites at the apple instead of one."

"The two charges are inextricably intertwined, meaning it's hard to envision a scenario where Nicole can be guilty of possessing burglary tools but not of committing burglary," her attorneys note in the filing.

Her attorneys also allege the added charge will force the jury to "play King Solomon, and split the baby," a reference to the Hebrew Bible story, asserting Mitchell will ultimately be found guilty of something.

"This is problematic because it's both legally inconsistent and unfair to Nicole," her attorneys wrote.

According to the criminal complaint, Mitchell's stepmother called 911 to report the 2024 burglary, and Detroit Lakes police arrived to see Mitchell fleeing to the basement.

Mitchell, who police say was dressed in black, allegedly told police she had entered the home to retrieve personal items connected to her recently deceased father after her stepmother cut off contact with her and other family members.

The complaint states officers found a backpack with two laptops inside, a cellphone, Tupperware, items identifying Mitchell and a sock-covered flashlight.

"Clearly I'm not good at this," Mitchell allegedly told officers, according to court documents. "I know I did something bad."

Since she was first charged last year, Mitchell, a former TV meteorologist and Air National Guard commander, has survived two attempts by her Republican Senate colleagues to expel her from the Capitol.

The DFL Party, however, expelled Mitchell from her committee assignments and caucus meetings days after her arrest.

NOTE: The original airdate of the video attached to this article is March 13, 2025.