Sen. Mitchell may testify in her own defense in burglary trial as soon as today

State Sen. Nicole Mitchell could take the stand in her own defense as soon as today in her criminal trial, though her attorneys say they have not yet made that decision.

Mitchell, a DFLer from Woodbury, is facing charges of first degree attempted burglary and possession of burglary tools for allegedly breaking into her stepmother’s Detroit Lakes home in April 2024.

The decision of whether a defendant should testify is never easy for both the defense team and the person on trial, said Thomas Plunkett, a defense attorney who has represented people in more than 100 trials. 

“The attorney can give all the input they want, but that is a client decision,” Plunkett said. “The things you want to tell your client are: what the risks are, what the benefits are. It's a very difficult decision. It's very intricate based on the individual facts of an individual case.”

Plunkett said given Mitchell’s experience as a state senator and meteorologist, she appears to be poised and able to handle the stress and spotlight on the stand.

“That's what you would want to see in a client as you're trying to advise them as to what to do,” he said. “It's not an easy thing to testify in court, the questions are shot at you in the most uncomfortable setting you could possibly find yourself. But those are certainly the sorts of things you would want to consider.”

Plunkett said criminal defendants can help themselves a lot by testifying, but in some cases, it could hurt them if they stumble or wither under cross examination, and could push a jury toward convicting them.

“I've seen it go both ways. I've seen people save themselves. I've seen people hang themselves,” he said.

“When I counsel clients about going to trial, you always want to tell them that 100 percent of the time someone will be looking at you, whether you're at counsel table or up testifying,” Plunkett added. “Of course, when you're testifying, you are the center of attention, so looking the wrong way at the wrong time or a twitch can cost you your freedom, but those are certainly the things that you want to look at and consider and help your client evaluate.”

But he says, it is the only opportunity for the person on trial to tell their story.

“One of the things that I think is important to discuss with a client is the idea that if they don't testify, no one has their side of the story, but if they do testify, they've got your side of the story,” he said.

In this case, Mitchell’s attorney said in his opening statement, it comes down to Nicole Mitchell’s intent. 

“A burglary charge requires that the state prove that someone had an intent to commit a crime inside the building,” he said. “The only real issue here is Nicole Mitchell's intent. We're not disputing that Nicole entered without consent. She did. There are two possibilities: Nicole entered to steal something, Nicole Mitchell entered to check on Carol. Unless the state's evidence can rule out that Nicole Mitchell entered just to check on Carol Mitchell, then the verdict must be not guilty.”

Wednesday, the jury heard from police investigators and from witnesses who described the family dynamics in the trial in Becker County, as the prosecution rested its case and the defense began calling witnesses.

Jurors heard testimony Wednesday from Pam Muxfeldt, Carol Mitchell’s niece and goddaughter, who would have power of attorney for Carol if needed.

Becker County Attorney Brian McDonald asked Muxfeldt about the relationship between Carol and Nicole.

“After either talking to her, or they had conversations through text messages, Carol would feel uncomfortable. She felt threatened, she was scared, and different things of that sort. So she would reach out,” Muxfeldt said.

Muxfeldt read aloud from a 2023 text message sent to her by Carol Mitchell expressing concern that Nicole was “greedy” and was going to try to take her “to the cleaners” after Rod Mitchell, Carol’s husband and Nicole’s father, died without a will.

Nicole Mitchell’s defense attorney, Bruce Ringstrom Jr., asked if Muxfeldt was aware of Carol’s Alzheimer’s diagnosis, which Nicole Mitchell has cited as playing a role in their deteriorating relationship.

“I mean, it's a disease that's not going to go away, and we know we're going to see progression as it comes. I think stress and different things like that can cause days more of it, then you see higher signs of it than the next day,” Muxfeldt said.

Muxfeldt noted that she and Mitchell had not had contact since 2023 and Mitchell did not reach out to her to inquire about her stepmother’s health.

One of the witnesses called by the defense, Nancy Lund, provided additional perspective on Carol Mitchell’s deteriorating mental acuity, which Nicole Mitchell’s attorneys say drove her to check in on stepmother.

Lund echoed some of Nicole Mitchell’s concerns, expressed in police body camera footage and on social media, about Carol’s alleged paranoia.

Lund recounted trying to help her sister-in-law get her financial documents in order following Rod Mitchell’s death. She read from text messages from Carol Mitchell showing confusion on several occasions, including where she had parked or where she had left notebooks.

And Lund read from a text exchange in which Carol Mitchell accused her of taking her documents, which hurt her feelings.

“I knew it was her disease that was talking there and not herself,” she said. 

Like Nicole Mitchell, Lund ultimately found her relationship with Carol Mitchell souring, but she said, “I believe Nicole loved Carol and still does.”

During cross-examination, Becker County Attorney Brian McDonald sought to reframe the stakes.

“Ms. Lund, there's no doubt you tried to help Carol Mitchell. Fair to say? And Alzheimer's is a very cruel disease,” he said, to which she responded affirmatively. 

“But you also understand that Carol Mitchell is not on trial here?” he asked.

Jurors for the case were picked Monday. On Tuesday, they heard opening statements, saw body camera video from responding officers, heard the 911 call made by Carol Mitchell, Nicole’s stepmother and heard directly from Carol Mitchell.

The body camera footage showed the arrest of Nicole Mitchell in the basement of the Detroit Lakes home. She was dressed in all black, including a stocking cap. She was cooperative with police and told them she was there to get a few mementos of her late father, including a flannel shirt and some photos.

Carol Mitchell also testified, though she had a hard time remembering specific details.

Becker County Attorney Brian McDonald said this is a clear case of burglary.

He called a family friend to the stand Wednesday morning, Jim Hedlund, who said Carol Mitchell called him to the house shortly after the incident had happened.

“She was pretty shook up,” he said.

Hedlund filled in gaps that Carol Mitchell had a hard time remembering on the stand. He remembered finding a pry bar near the basement egress window where Nicole Mitchell allegedly tried to break in.

Another witness, Chad Glander, an investigative sergeant with the Detroit Lakes Police Department, testified that Nicole Mitchell had used a tablet previously owned by Carol Mitchell to attempt to gain unauthorized access to her stepmother’s health records.

Glander would not permit the recording of his testimony.