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Tipsheet

Democrat State Senator Guilty of Burglary, DFL Faces Fallout Over One-Seat Majority

Democrat State Senator Guilty of Burglary, DFL Faces Fallout Over One-Seat Majority
AP Photo/David Zalubowski

Minnesota Democratic State Sen. and member of the Minnesota Democratic–Farmer–Labor Party (DFL), Nicole Mitchell, was found guilty this week of felony burglary and possessing burglary tools, after breaking into her stepmother’s home in the middle of the night. Mitchell, who claimed she was doing a “welfare check,” was caught with tools like gloves, a flashlight, and a lock-picking set, which clearly contradict her story. The jury convicted her in just three hours. With Democrats holding only a one-seat majority in the state Senate, the conviction is sparking growing calls for her resignation. 

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Becker County Attorney Brian McDonald said he is "pleased for Carol Mitchell, for some justice," while Defense attorney Dane DeKrey said his team said there are "arguments for mercy." 

In April 2024, Senator Nicole Mitchell was arrested after allegedly breaking into her stepmother’s home. Mitchell claimed she was trying to retrieve a few personal items that had belonged to her late father, and said her stepmother—who she said suffers from Alzheimer’s—had refused to communicate with her. Bodycam footage from the arrest showed Mitchell admitting, “I’m just trying to get some of my dad’s things,” followed by the telling remark, “Clearly, I’m not good at this.” She admitted to entering the home without permission because her stepmother wouldn’t speak to her.

Lawmakers in Minnesota are not automatically expelled following a felony conviction; however, the legislature does have the authority to vote on removing a senator. Despite that, both Gov. Tim Walz’s (D) office and Minnesota DFL Party Chair Richard Carlbom have publicly stated they expect her to step down. However, Senate Majority Leader Erin Murphy acknowledged the seriousness of the charges but argued that Mitchell was entitled to due process before any decisions about her political future are made.

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A judge overseeing the trial said that Mitchell could remain free pending sentencing. A date has not yet been set. She faces a mandatory minimum of 180 days in jail.

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