The ongoing trial of Minnesota State Senator Nicole Mitchell (DFL-Woodbury) has brought to light several police mistakes in the investigation into an alleged break-in at her stepmother’s home on April 22, 2024.
Mitchell was found in the basement of the home belonging to her stepmother, Carol Mitchell, and was arrested at the scene. She has pleaded not guilty to charges of first-degree burglary and possession of burglary tools.
During the trial in Becker County District Court, police admitted to several missteps in handling key evidence. Among the most notable errors was their failure to collect and log into evidence a handwritten note found in Mitchell’s backpack. The note contained phrases like “delete texts,” “contacts,” “flashlight,” “ringer off,” and “add tracking Gmail.” Although the note was shown to the jury through bodycam footage, officers did not keep it as evidence, and it wasn’t discussed further in court.
Becker County Deputy Sheriff Ethan Wothe, who found the note, admitted under questioning that he didn’t recognize its potential significance at the time and confirmed it was not kept as evidence.
Another key piece of evidence — a pair of black gloves with built-in lights — was found on Mitchell when she was booked into jail. Officers gave the gloves back to her instead of logging them as evidence. Detroit Lakes Police Chief Steven Todd testified that this was a mistake he now regrets.
Additionally, police never searched Mitchell’s car for stolen items or applied for a warrant to search her phone — steps that could have provided more information about her intentions.
Hours after Mitchell’s arrest, Carol Mitchell called police again, saying she had found a prybar outside an egress window where Nicole may have entered. Bodycam footage showed Deputy Wothe retrieving the prybar with his bare hands, another break in standard procedure. Wothe admitted it was a mistake and said he was tired and at the end of his shift.
There was also confusion surrounding the prybar. When shown in court, Carol Mitchell said she didn’t recognize it and described a different object, raising questions about whether the tool shown was the one actually used.
Carol Mitchell, who is said to be battling Alzheimer’s disease, struggled during her testimony to recall important details about the incident and other events, weakening the prosecution’s case.
The prosecution has now rested, and the defense has started calling its witnesses. Mitchell’s lawyers argue that she went to the house out of concern for her stepmother’s well-being, as she hadn’t heard from her in weeks. They suggest Mitchell believed her stepmother might be in danger or in need of help.
Mitchell did make some statements after her arrest that could be damaging, such as saying, “I know I did something bad,” and claiming she only wanted to collect a few of her late father’s things. Her attorneys may choose to have her testify to explain these remarks. Her legal team says she has wanted to share her side of the story since her arrest.
If found guilty of first-degree burglary, Nicole Mitchell could face up to 20 years in prison. A conviction for possessing burglary tools carries a possible sentence of up to three years.
The trial continues, with the defense aiming to raise enough doubt about the state’s case and offer an explanation that could clear Mitchell of the charges.