State Sen. Nicole Mitchell seeks delay in burglary trial until after legislative session
DETROIT LAKES, Minn. — Attorneys for a Minnesota state senator charged with burglarizing her estranged stepmother's home have filed a motion to delay the trial until after the upcoming legislative session.
The trial for DFL Sen. Nicole Mitchell is currently scheduled to begin Jan. 27, but in a filing on Friday, her attorneys asked to continue proceedings until after May 19, 2025. The motion cites state law authorizing such a delay.
A judge has not yet ruled on the motion.
Mitchell pleaded not guilty to first-degree burglary in August. According to a criminal complaint, Mitchell admitted to police she broke into her stepmother's home in Detroit Lakes because the woman refused to give her items belonging to Mitchell's late father, including his ashes.
Following her charging in April, Mitchell was removed from her committees and caucus meetings at the legislature, though she still participated in Senate votes. Several Democratic leaders, including DFL Chair Ken Martin and Gov. Tim Walz, called for her resignation. A motion to expel her from the Senate failed, in part thanks to her own vote against it.
A hearing in Mitchell's case was previously scheduled for Jan. 14, the first day of the legislative session. Her attorneys have asked the judge to hear oral arguments over the delay on that date, as well as to allow Mitchell to attend the hearing remotely so she can see to her lawmaking duties.
Minnesota Senate Republican Leader Mark Johnson responded to the filing, saying it "delays justice for her victim and further delays an orderly Senate session as she continues to bring the reputation of the Senate into disrepute."