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MN Sen. Mitchell convicted of felony burglary

A Minnesota state senator was convicted of burglary Friday for breaking into her estranged stepmother’s home, and faced calls for her immediate resignation from a closely divided chamber where she holds a deciding vote.

After about three hours of deliberations, the jury found Democratic state Sen. Nicole Mitchell, 51, guilty of first-degree burglary and possession of burglary tools. She told police right after her arrest that she went there to search for her father’s ashes and other mementos, but tried to back away from that story on the witness stand.

Mitchell displayed little emotion as the verdicts were read.

Democratic Senate Majority Leader Erin Murphy was quick to issue a statement saying that Mitchell has told colleagues that she planned to resign if convicted, “and I expect her to follow through on that pledge.”

Republican Senate Minority Leader Mark Johnson reiterated the GOP’s long-standing demand for immediate resignation or face expulsion.

Gov. Tim Walz’s office said he expects her to resign. But one of Mitchell’s attorneys, Dane DeKrey, said in text messages that he didn’t know if she would heed the calls. He said they’re exploring their options for an appeal.

The Democrat from the St. Paul suburb of Woodbury maintained her innocence and refused to resign since her arrest in the early hours of April 22, 2024, at her stepmother’s home in the northwestern Minnesota city of Detroit Lakes.

Mitchell’s father died in 2023 at the age of 72. He had been married to Mitchell’s stepmother, Carol Mitchell, for nearly 40 years.

The jury saw bodycam video of Mitchell telling police repeatedly after her arrest that she broke into the home because her stepmother refused to give her items of sentimental value from her father, including some of his ashes, photos and a flannel shirt.

The first-term senator was dressed in all-black and had a flashlight covered with a black sock when she was arrested. The video showed her telling police, “Clearly, I’m not good at this,” and “I know I did something bad.”

But Mitchell testified Thursday that despite what she told police, she didn’t really intend to take anything. She said she had become increasingly concerned about her stepmother’s worsening memory problems and paranoia, and wanted to check on her well-being. She testified her stepmother was afraid of being put in a nursing home. Mitchell said she thought her stepmom would be less upset to hear she wanted some of her father’s items than to have her competency questioned.

The former broadcast meteorologist and now-retired Air National Guard officer was convicted of one count of first-degree burglary of an occupied dwelling, a felony that carries a mandatory minimum of six months in jail if there’s an intent to steal. She was also convicted on a count of possessing burglary tools, a lesser felony without a mandatory minimum.

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