Nicole Mitchell’s attorneys push back on effort to bar ‘senator’ mentions at burglary trial
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Would a Minnesota jury hear the word “senator” with sympathy or disdain?
That’s now a question for a judge weighing competing motions ahead of state Sen. Nicole Mitchell’s burglary trial this month.
Attorneys for Mitchell, DFL-Woodbury, filed a motion late Tuesday that challenges an earlier request from a Becker County prosecutor to restrict lawyers from mentioning Mitchell is a senator during a felony trial set to start on Jan. 27.
County Attorney Brian McDonald argued in a motion last week that her professional title is irrelevant to the case and could prompt sympathy if jurors consider how a conviction could impact her public service.
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In a response filing, Mitchell attorney Dane DeKrey objected to the request.
“Nicole’s trial team should be allowed to address her in any way that is true and not misleading,” he wrote, adding that the case has received significant attention and prospective jurors might already be aware of her political role.
DeKrey suggested there might be more risk involved in making the connection clear.
“Given the political makeup of Becker County, it’s unclear how much sympathy her title would engender her with the jury, as they will likely also know that Nicole’s political affiliation is different from the majority of Becker County residents," his filing says.
The Senate is presently tied 33 to 33 among Democrats and Republicans, with a special election planned for Jan. 28 in a heavily DFL district. Mitchell’s Senate standing could depend on how the criminal case plays out, with ethics proceedings on hold until it is over.
Mitchell was arrested in April at the home of her stepmother and charged with burglary. She has said she was retrieving items that belonged to her late father and has disputed characterizations of theft.
In the new filing, Mitchell’s defense team also requests that a judge reject a prosecution motion to prohibit mentions of misdemeanor trespassing as an alternative charge. The attorneys also asked for an order requiring lengthier segments of police body camera footage should be played if used as evidence to avoid “cherry picking” portions of the arrest.
Several other motions about what can be said or used as evidence during trial are on the docket for a motions hearing scheduled for Tuesday — the first day of the 2025 session.
Correction (Jan. 8, 2025): An earlier version of this story misspelled the names of Becker County Attorney Brian McDonald and defense attorney Dane DeKrey.