Minnesota Sen. Nicole Mitchell trial delayed until after legislative session

The judge overseeing the trial of DFL state Sen. Nicole Mitchell delayed the case until after lawmakers adjourn in May, which has a bearing on party control of the Senate for most of the session.

Mitchell, a first-term legislator from Woodbury, faces a felony burglary charge in Becker County stemming from an arrest last spring at her stepmother’s home in Detroit Lakes. She denies wrongdoing and said it’s a misunderstanding related to her effort to retrieve belongings of her late father.

The trial was scheduled to start Jan. 27.

District Court Judge Michael D. Fritz ruled Friday the trial shall be rescheduled within 60 days of May 19, the end of the legislative session.

Mitchell’s lawyers recently filed for a delay citing a Minnesota statute that gives lawmakers the ability to avoid a trial while a session is underway.

In his opinion Fritz writes, “if a legislator is forced to stand trial during the legislative session, their constituents would be without a voice during that session” and this is what the law was enacted to avoid.

The Senate is currently tied 33 to 33 with a special election scheduled for later this month to fill a historically safe seat for Democrats. Mitchell’s presence would give the DFL a one-seat edge in the Senate if the Democrats win that special election.

Lawyers for the prosecution argued the victim of the alleged burglary, Mitchell’s stepmother, would be injured by the delay. However in his ruling Fritz states the delay did not seem unreasonable.

Response from Minnesota Republicans was quick. Senate Republican Leader Mark Johnson released a statement saying Mitchell’s request to delay her trial “is and abuse of her status as senator.”

Johnson said Mitchell had the right to waive her privilege to a trial to bring about a swift conclusion to the matter.

Had Mitchell been convicted in the coming weeks of a felony, it would have been tough for her to press on at the Capitol. Ethics proceedings have been on hold while the criminal case plays out.

Some Democrats have joined Republicans in asking Mitchell to step down. But expelling her would require a two-thirds vote, which is unlikely.