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State senator 'absolutely' denies theft allegations

The criminal charges filed against Nicole Mitchell say she broke into the home of her stepmother following her father's death to retrieve some of his belongings.

DETROIT LAKES, Minn. — A Minnesota state senator and former Twin Cities meteorologist is charged with first-degree burglary after prosecutors say she broke into the home of her stepmother following the recent death of her father. 

The criminal complaint filed in Becker County Tuesday details the allegations against 49-year-old Nicole Lynn Mitchell, who was arrested at 4:45 a.m. Monday after police say she broke into a home in Detroit Lakes. Squads responded to a 911 call at the home of Mitchell's stepmother, who called police and told them someone was in her home. Officers heard noises in the basement and found Mitchell dressed in all black and wearing a black cap. 

Officers ordered the defendant to the ground and placed her under arrest. Police say Mitchell stated something like "I was just trying to get a couple of my dad's things because [her stepmother] wouldn't talk to me anymore." One of the officers detaining Mitchell found a flashlight lying next to the suspect with a black sock covering it. He said the flashlight appeared to have been modified to control the amount of light it emitted.

A more detailed search of the basement turned up a backpack that was stuck in a small sliding window. Inside were two laptops, a cell phone, Mitchell's driver's license and state senate ID, and assorted pieces of Tupperware. Mitchell claimed all the items were hers, and reportedly told police she had just entered the house and stated "clearly I'm not good at this." 

Court documents say Mitchell was led outside to a squad car, and after being read her Miranda warning allegedly told the officer "I know I did something bad." Police say Mitchell explained that her father had recently passed away and that her stepmother had cut off all communication with her and other family members. 

Credit: Becker County

The defendant allegedly stated that she wanted various items of her late father's and that her stepmother refused to give them to her. Police say Mitchell admitted to leaving her home in Woodbury at 1 a.m. with the intention of driving to the home in Detroit Lake to retrieve pictures, a flannel shirt, ashes and other items of sentimental value. 

Mitchell insisted both laptops were hers, but police say when one of them was turned on the stepmother's name popped up. When asked, the defendant claimed her stepmother had given it to her "way back when" but the victim denied ever giving Mitchell a laptop. 

On Tuesday morning, Senate Minority Leader Mark Johnson (R-East Grand Forks) called for Mitchell's resignation, calling her alleged behavior "disturbing" in a written statement.

“I understand the difficult situation her family is facing, however the actions taken by Sen. Mitchell are disturbing," Johnson's statement read. "The complaint released by the Becker County Attorney lays out the case of a person who took extensive preparation to burglarize a family member’s home. This behavior is unbecoming of a member of the Legislature and she needs to resign from the Senate immediately."

Democratic Majority Leader Erin Murphy also responded to the allegations in a statement Tuesday morning, saying Mitchell's alleged actions are "upsetting" and "far outside" the senator's character.

“The allegations against Senator Mitchell are upsetting, for me and for anyone who has gotten to know and work with her," the statement read. "The behavior alleged is far outside the character she has established in the Senate and in her distinguished career in the military. We believe in due process, and Senator Mitchell has the right to a full defense of her case in court. In the coming days and weeks, Senator Mitchell must also have serious and difficult conversations with her colleagues, constituents and family.”

Mitchell made her first appearance in Becker County Court late Tuesday morning. Her application for a public defender was denied, but the judge ordered Mitchell released from jail. 

Following the hearing, Mitchell offered her own explanation on her Facebook page, saying she entered the home to check on "a loved one" she claimed is suffering from "Alzheimer's and associated paranoia." She went on to "absolutely deny" accusations of theft.

Her post reads:

Regarding the recent news:

Like so many families, mine is dealing with the pain of watching a loved one decline due to Alzheimer's and associated paranoia.

Over the weekend, I learned of medical information which caused me grave concern and prompted me to check on that family member. I entered a home I have come and gone from countless times in the past 20 years, where my son even once had his own room.

Unfortunately, I startled this close relative, exacerbating paranoia, and I was accused of stealing, which I absolutely deny.

Thank you to all my friends (and colleagues of both parties) for the kind words of support and for trusting my character even before I had a chance to respond.

This has been a true tragedy for our family and my hope is it can return to being a private matter.

Mitchell's next court appearance will be an omnibus hearing on June 10.

RELATED: State Sen. Nicole Mitchell arrested in Detroit Lakes on suspicion of burglary

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