ST PAUL, Minn. — Minnesota Senate Republicans filed an ethics complaint Wednesday following Sen. Nicole Mitchell's arrest early Monday morning in Detroit Lakes.
On Wednesday, a motion to immediately begin an ethics investigation failed after a 33-33 deadlock along straight party lines. Sen. Mitchell (D-Woodbury) wasn't at Wednesday's session, and didn't vote remotely.
Typically, the Ethics Subcommittee has 30 days to decide whether or not to launch an investigation after receiving a formal complaint. So, in theory, the panel could wait until May 24 -- after the session ends -- to act on the matter. And if there's an investigation, it could take months to investigate.
Republicans, who are seeking to expel Mitchell from the Senate, wanted to put the process on a fast track. They asserted that being charged with first degree burglary, a felony charge, should disqualify her from serving even before the courts have rendered a verdict.
"According to the criminal complaint, after being Mirandized, Senator Nicole Mitchell made the comment, quote, 'I know I did something bad,' unquote," Sen. Eric Lucero, a Dayton Republican, told his colleagues during Wednesday floor session.
Democrats defended the process laid out in Senate rules, to let the Ethics Subcommittee make the first move.
"As far as I can tell this is an unprecedented request to bypass the custom and usage of this body," Sen. Ron Latz, a St. Louis Park Democrat, remarked.
"We have an ethics complaint process in our rules. It’s there for a reason."
The Republicans are also anxious to resolve the issue because Mitchell gives Democrats a one-seat advantage in the body. If she were to resign or be ousted from the Senate, it would be difficult for Democrats to pass most of their policy bills in their current form.
“This is not something we take lightly,” Senator Minority Leader Mark Johnson said in a press release. “Given the lack of action by Senate Democrats to acknowledge the severity of Sen. Mitchell’s actions, we are compelled to protect the integrity of the work we do here, and to preserve the reputation of the legislature."
Senate Majority Leader Erin Murphy, a St. Paul Democrat, said she believed that Sen. Mitchell will serve her constituents as long as she can. Sen. Murphy cleared the Senate's calendar for Wednesday, postponing action on a cluster of bills.
"And while this is an issue that is heartbreaking and troubling, we do have work to do before we adjourn on May 20th, and I’ve asked my colleagues to make sure we’re doing everything we can to conduct that work for the state of Minnesota."
According to the Legislative Reference Library, no senator has ever been expelled. If the Ethics Subcommittee were to recommend expulsion, it would take a two-thirds majority vote in the Senate to make it happen.
The complaint was filed with Senate President Bobby Joe Champion (D-Minneapolis) before Wednesday's session. Senate Republicans were pushing to expedite the process because the session will end before the 30 days the subcommittee has to decide.
Sen. Mitchell was arrested early Monday morning and faces first-degree burglary charges 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 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 the 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. The officer 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, she 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.
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.
Sen. Johnson began calling for Mitchell's resignation Tuesday morning, saying her alleged behavior was "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."
The ethics complaint claims Sen. Mitchell broke three different rules:
Rule 56.1: Members shall adhere to the highest standard of ethical conduct as embodied in the Minnesota Constitution, state law, and these rules.
Rule 56.2: A member shall not publish or distribute written material if the member knows or has reason to know that the material includes any statement that is false or clearly misleading, concerning a public policy issue or concerning the member's or another member's voting record or position on a public policy issue.
Rule 56.3: Improper conduct includes conduct that violates a rule or administrative policy of the Senate, that violates accepted norms of Senate behavior, that betrays the public trust, or that tends to bring the Senate into dishonor or disrepute.
In a statement Tuesday morning, Democratic Majority Leader Erin Murphy said Mitchell's alleged actions were "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 court 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.
Mitchell's next court appearance will be an omnibus hearing on June 10.
Senator Mitchell's statement:
"While I cannot elaborate more at the advice of counsel, I can say I am extremely disappointed that the complaint lacks the complete information of the incident including important context, including that I have known the other person involved in this incident since I was four and care deeply about her.
It saddens me that some people are attempting to use a tragic family situation to score political points, and I am grateful to those who believe, as I always have, that everyone should be allowed the due process guaranteed in our Constitution.
I am confident that a much different picture will emerge when all of the facts are known. I am as committed to my constituents today as the day I was elected, including important work for veterans and children, and I do not intend to resign."
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