MINNEAPOLIS — The burglary trial of Democratic Sen. Nicole Mitchell begins Monday morning with jury selection after a series of delays since she was first charged in April 2024.

Mitchell stands accused of breaking into her late father’s Detroit Lakes home to allegedly retrieve his ashes. Her stepmom called 911, and officers found Mitchell in the basement wearing all black. A crowbar was later discovered in an egress window.

Once a panel of Becker County residents is seated on the jury, they will decide whether Mitchell is guilty of first-degree burglary and felony possession of burglary tools. She has pleaded not guilty to the charges.

The trial is expected to take a week. It was rescheduled for June after the 2025 legislative session delayed Mitchell’s original January trial date.

Days before jury selection was to begin last month, a gunman assassinated Rep. Melissa Hortman and her husband in their home and wounded Sen. John Hoffman and his wife. Other Democratic lawmakers, including Mitchell, were on Vance Boelter’s hit list, her attorneys said.

They requested a new trial date for safety and security concerns. Chief Judge Michael Fritz shared those concerns and granted the request without objection from prosecutors. Fritz called it a “senseless and violent act” and offered prayers to the victims.

Mitchell’s attorney Bruce Ringstrom Jr. told the Minnesota Star Tribune that seating a jury “in the midst of a massive tragedy … would be an extremely uncomfortable experience for a juror to know that they may be rendering a verdict that could be seen as a political act.”

The state Senate can vote to remove Mitchell from office if she’s convicted of one or both felony charges. Legislators are not automatically expelled upon felony conviction. If they vote to remove Mitchell, the DFL will lose its one-vote majority control in the Senate, which is now split 34-33.

Party control would then be tied until Gov. Tim Walz called a special election to replace her.

Mitchell’s attorney says they never considered a plea deal because they believe jurors will hear and resonate with her story.

Mitchell, 50, a former meteorologist and Air Force veteran, was sworn into office in 2023. Family joined her in St. Paul for the swearing-in ceremony, including her dad, Roderick Mitchell. He died two months after the ceremony at age 72.

Upon arrest, Mitchell told officers she wanted her dad’s ashes.

But the defense wants to show that’s not the only reason Mitchell went to Detroit Lakes in the middle of the night. They say she was also concerned about the health and welfare of her stepmother, who has been in her family for 45 years.

Days before the break-in, Carol Mitchell went to a doctor’s appointment in Fargo where she was diagnosed with Alzheimer’s disease. The defense motioned to get a copy of this medical record to present as evidence, but the judge recently denied it.

Mitchell later took to Facebook to say she was conducting a welfare check on a family member who has declined “due to Alzheimer’s and associated paranoia.”

It’s unclear what if anything Mitchell stole, but she didn’t have to steal to face a first-degree burglary charge, which is defined as unlawfully entering with the intent to commit a crime. The charge is more severe because the dwelling was occupied by her stepmother, who called 911 at 4:45 a.m. to say an unknown man was in her bedroom and ran to the basement.

Since the break-in, Carol Mitchell has moved into an apartment. Prosecutors say she is too afraid to live in her home. If the first-term state senator is convicted, the state filed a notice of restitution for $12,000 to cover the apartment.

Carol Mitchell is expected to testify, but she has declined to be recorded on video or audio, which every victim in Minnesota courtrooms has a right to object or consent to.

The judge is allowing cameras in the courtroom, but the trial won’t be livestreamed.

Prosecutors list 13 witnesses, mostly law enforcement and family, whom they can call to the stand. The defense lists two of Mitchell’s aunts and two private investigators among its half-dozen witnesses.

Included in the 17 pieces of evidence the prosecution plans to present at trial are a blue crowbar found in the basement window, a flashlight covered in a black sock to dim the light and the obituary of Roderick Mitchell.

“If I was her lawyer,” said longtime defense attorney Robert Paule, “I’d basically concede she was there to recover property that belongs to her. She’s probably guilty of a trespass, because it doesn’t sound like she had consent to enter. Otherwise, why would you be there in the dark, hiding?”

Jury duty notices were sent to 80 residents of Becker County who showed up Monday morning. Only 15 will be seated on the panel, including three alternates.

Fritz asked seated jurors a series of questions to see if they knew Mitchell or any of the attorneys, witnesses or jurors. He said Becker is “not so big of a county” and people are bound to know somebody. Fritz joked that when he asks jurors that question in Wadena County, “the entire panel raises its hand.” The courtroom chuckled.

A few jurors were neighbors, some went to church together, many said they knew people in law enforcement or had a relative who was convicted of a crime.

Fritz reminded jurors that Mitchell is presumed innocent and the state must prove her guilt. “Jury duty is serious business,” he said. “It is not something to be avoided because it is inconvenient.”

Fritz asked jurors if they heard about the case. Fifteen people raised their hands.

Most said they just saw a headline or heard some highlights on the radio or television. Several didn’t even know Mitchell’s job title, and those who did said they didn’t know what party she was with. There were a few jurors who said they knew she was a state senator accused of breaking into her stepmom’s home.

Only one juror said they had a strong emotional response when they first heard about the case.

“I honestly kind of sympathized with her, understanding if she wanted some of her father’s things,” the juror said.

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