
Minnesota legislator to resign after conviction for burglary at stepmom's home
A jury on Friday found Democratic state Sen. Nicole Mitchell guilty of first-degree burglary and possession of burglary tools after her April 2024 arrest when police found her in her stepmother's basement.
In a press release published by Minnesota Public Radio, Mitchell's attorneys said that she needed two weeks to wrap up legislative projects, complete ongoing constituent services, transition her staff and obtain health insurance gap coverage for her son, who is insured through her job in the state Senate.
'Once these tasks are completed, Senator Mitchell will tender her resignation,' the statement said, adding that it would come 'no later' than the end of Aug. 4.
'It was the honor of her lifetime to serve her District and the State of Minnesota,' it added.
Republican members of the closely divided Minnesota Senate had been calling for Mitchell's resignation since her arrest last year. Mitchell often cast the deciding vote, including on motions put forth by Senate Republicans to prohibit her from voting after her arrest, according to the Minnesota Star Tribune.
According to a probable cause complaint published by the Minneapolis Star Tribune, police found Mitchell, now 50, in her stepmother's basement, dressed in black and carrying a flashlight that she had darkened with a black sock. She told officers that she entered the home through the basement window to retrieve some items that belonged to her father, who had recently died, the complaint said.
She said she had gotten into an argument with her stepmother and they were no longer speaking, the complaint said. 'I know I did something bad,' Mitchell said during her arrest, which was captured on body camera.
However, Mitchell later denied that she had entered the home with the intention of stealing and said she had only wanted to check in on the well-being of her stepmother, who has Alzheimer's disease. She maintained that position when she testified during her trial and said that she trespassed but did not steal anything.
Under Minnesota law, burglary in the first degree holds a minimum sentence of six months and a maximum sentence of 20 years in prison; Mitchell has not yet been sentenced.
Her resignation comes during a turbulent year for the Minnesota state Senate.
The Democrats held a narrow majority in the legislature at the time of Mitchell's arrest. The state Senate convened in January with a tied legislative body. The Democrats regained the majority following a special election and the resignation of Republican state Sen. Justin Eichorn, who had stepped down after he was arrested and charged with soliciting a minor.
Shortly after Mitchell's attorneys stated her plan to resign, Republicans had announced the death of Republican state Sen. Bruce Anderson, which means Democrats will continue to hold a narrow majority.
Mark Johnson, the Republican leader of Minnesota state Senate who had called for Mitchell's 'immediate' resignation following the verdict in her trial, objected to her plan to resign by Aug. 4.
'Senator Mitchell was convicted of two felonies; she doesn't get to give the Senate two weeks' notice,' he said in a statement.
Johnson noted that Senate Republicans had attempted to expel Mitchell several times since her arrest, but their attempts were blocked by Senate Democrats each time. 'The only reason Mitchell is still in office is because Democrats needed her vote to pass their agenda and refused to hold her accountable during session,' he said. 'They put political power ahead of Minnesotans, and Mitchell continues to put her personal interests ahead of institutional integrity.'
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