Serious criminal charges against a DFL state lawmaker after her arrest this week have put the power dynamic and prospects in question for the last four weeks of the legislative session.

Sen. Nicole Mitchell was arrested early Monday for allegedly breaking into the Detroit Lakes home of her stepmother. Police at the scene said the Woodbury legislator told them she wanted to retrieve her late father’s ashes, photos, a flannel shirt and other items of sentimental value from the home but her stepmother wouldn’t speak with her, according to a criminal complaint.

Following the release of the complaint, Senate leaders split over the path forward and whether Mitchell, the 34th Senate DFL vote in a one-seat majority, should keep her seat.

DFL Senate Majority Leader Erin Murphy called for due process for Mitchell while calling the allegations “upsetting.” Meanwhile, GOP Minority Leader Mark Johnson said she should resign immediately.

Other lawmakers, particularly DFLers, could be put on record soon over Mitchell and her ability to participate in the session’s finale.

Mitchell’s vote is, on paper, the deciding factor in what makes it through the DFL-led Capitol and what doesn’t when matters break along party lines.

With a potential 33-33 tie in the chamber — and no tiebreaker from any other official as is the case with the vice president in the U.S. Senate — DFL priorities like gun restrictions, an equal rights amendment with protections for abortion and gender care and several budget revisions could stall.

As lawmakers return from their Passover break on Wednesday, here’s a recap of what is known and what might develop.

What happened?

In a criminal complaint released Tuesday, authorities allege that Mitchell engaged in first-degree burglary. According to the complaint, Mitchell entered her stepmother’s house in Detroit Lakes early on Monday morning through a window. She wore all black and carried a flashlight covered in a sock.

She is alleged to have entered the basement where she was looking for items of her deceased father’s — including his ashes. When her stepmother heard noise in the basement, she called the police.

Detroit Lakes police officers arrested Mitchell at the scene and she told them she wanted to grab the items because her stepmother wasn’t talking to her anymore. 

A Becker County District Court judge granted Mitchell’s release from jail on Tuesday with conditions that she abide by conditions including having no contact with the victim, and not leaving the state without written court approval. The judge also said a restraining order was issued Tuesday. Bail without conditions was set at $40,000.

Upon her release, Mitchell posted on Facebook that a “private matter” became very public and it didn’t play out in the fashion alleged. Mitchell wrote that her stepmother was dealing with memory problems and paranoia. She said she drove there 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,” Mitchell said. “Unfortunately, I startled this close relative, exacerbating paranoia and I was accused of stealing, which I absolutely deny.”

No one was home at the house when an MPR News reporter stopped in earlier Tuesday.

What does this mean for Senate operations?

It’s not entirely clear. 

Lawmakers had been on Passover break. So when the gavel strikes at noon on Wednesday, the political ramifications could become apparent.

The Minnesota Senate retained a COVID-19 rule that allows for remote voting, which has been used by senators dealing with family or health situations. It has never been tested around a criminal proceeding and could lead to clashes if Mitchell tries to steer clear of the Capitol while still acting on bills.

Murphy issued a statement following the hearing that said these actions were “out of character” for Mitchell. She said that while Mitchell would have decisions to make, she should get due process.

“The allegations against Senator Mitchell are upsetting, for me and for anyone who has gotten to know and work with her,” Murphy said in a news release. “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.”

Johnson said the charges were disturbing and suggest that Mitchell’s decision to break into the home was premeditated. He called on Mitchell to resign immediately.

“I understand the difficult situation her family is facing, however the actions taken by Sen. Mitchell are disturbing. 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,” Johnson said. “This behavior is unbecoming of a member of the Legislature and she needs to resign from the Senate immediately.”

The Minnesota Republican Party and other conservative groups have also called on Mitchell to resign her seat.

What do Senate rules say?

Senate rules state that members must “adhere to the highest level of ethical conduct as embodied in the Minnesota Constitution, state law and Senate rules.”

The rules also set up a process to call for a subcommittee on ethical conduct to launch an investigation and provide an advisory opinion about what consequences should be. That would take some time. But it could result in a call for Mitchell to be stripped of committee assignments or tougher penalties.

The rules also say that an ethics probe can be deferred if criminal proceedings are still ongoing, which is the case here. Mitchell’s next court hearing isn’t until June 10 — three weeks after the deadline for adjournment.

Ethics actions typically take weeks or months so a swift resolution would be unusual. Expulsion would take a two-thirds vote, which would be unlikely. It’s so rare that some of the last guidance around it comes from 1986.

What hangs in the balance?

A number of policy and finance bills could get detoured, and particularly anything with a more partisan slant.

A set of gun restrictions could be off the table this year if Mitchell is barred from voting or resigns. Gun owners groups have been urging her resignation following the arrest.

Efforts that would require insurance plans to cover the cost of abortion or gender affirming care could also face a tougher path forward, as could an effort to put an equal rights constitutional amendment before voters in a future election.

Several budget bills would likely have to be ditched or dramatically reshaped. Republicans would have far greater leverage to negotiate deals. Or DFL leaders could significantly curtail the agenda as they wind up the session early. Adjournment date is May 20.

It’s not just the Senate either. House members have begun to weigh in. Veteran Rep. Pat Garofalo, R-Farmington, said on the social media site “X” that this changes the endgame equation for his party.

“We can have an orderly end of session,” he wrote on Tuesday. “This requires the final month of session be limited to items w/ bipartisan support. That way we don’t drag Sen. Mitchell back into the public eye. Instead we let her focus on her health and family.”

What else is still on the table?

The Legislature returns from its last recess with a pile of touch up spending bills and a public construction project yet to finish.

Lawmakers cleared their final committee deadline to move bills with a spending component through committee last week. That means that the last four weeks of session will center on workshopping budget priorities that can clear both chambers and moving them off the House and Senate floors.

Even before the Mitchell trouble, some big DFL priorities were at risk of getting pushed off board as lawmakers aim to keep the state afloat financially. While the state has a $3.7 billion projected budget surplus for the budget that ends in 2025, a potential deficit lies on the horizon.

Technically, lawmakers don’t have to do anything this year. They passed a two-year budget last year that will run through next summer so they won’t risk a budget shutdown by running out the clock without adopting more proposals. 

After funneling budget bills through committees over the last several months, lawmakers will now get a last chance to tweak them before they get final seals of approval from the Senate Finance Committee or House Ways and Means Committee and come to a floor vote.

Republicans have said they hope that DFL leaders would put up more funding to aid emergency medical services. GOP lawmakers argue the $16 million budget target that DFL leaders put forward wouldn’t resolve issues that rural providers face.

The issue could become central to a deal around a capital investment bill in the final weeks of the legislative session. Republicans have unique leverage in the negotiations since their votes are needed to pass a bill and let the state take on debt to fund the projects.

MPR News Moorhead correspondent Dan Gunderson contributed to this report from Detroit Lakes.

3rd Quarter Report

Down one at the end of the second quarter, the Timberwolves now have the lead. They have jumped out to a 78-71 lead against the Suns.

If the Timberwolves keep playing like this, they’ll bump their record up to 2-0 in no time. On the other hand, the Suns will have to make due with an 0-2 record unless they turn things around (and fast).

Who’s Playing

Phoenix Suns @ Minnesota Timberwolves

Regular Season Records: Phoenix 49-33, Minnesota 56-26

Current Series Standings: Minnesota 1, Phoenix 0

How To Watch

• When: Tuesday, April 23, 2024 at 7:30 p.m. ET
• Where: Target Center — Minneapolis, Minnesota
• TV: TNT
• Follow: CBS Sports App
• Ticket Cost: $87.35

What to Know

The Timberwolves are 2-8 against the Suns since January of 2022 but they’ll have a chance to close the gap a little bit on Tuesday. The Minnesota Timberwolves will fight it out against the Phoenix Suns in a Western Conference playoff contest at 7:30 p.m. ET at Target Center. The matchup is expected to be a close one, with the Timberwolves going off at just a three-point favorite.

The Timberwolves will bounce into Tuesday’s game after (finally) beating the Suns, who they hadn’t topped in nine consecutive meetings. The Timberwolves put the hurt on the Suns with a sharp 120-95 victory on Saturday. The match was all but wrapped up at the end of the third, by which point Minnesota had established a 20 point advantage.

Despite their defeat, the Suns saw several players rise to the challenge and make noteworthy plays. Kevin Durant, who scored 31 points along with seven rebounds, was perhaps the best of all. Durant’s performance made up for a slower contest against the Timberwolves last Sunday.

The Timberwolves are sitting pretty at the moment, as they lead the series with the Suns 1-0. Check back on CBS Sports after the game to see if the Timberwolves can extend their lead or if the Suns can make up some ground.

Odds

Minnesota is a 3-point favorite against Phoenix, according to the latest NBA odds.

The oddsmakers had a good feel for the line for this one, as the game opened with the Timberwolves as a 4-point favorite.

The oddsmakers are predicting a defensive showdown and set the over/under low at 211.5 points.

See NBA picks for every single game, including this one, from SportsLine’s advanced computer model. Get picks now.

Series History

Phoenix has won 8 out of their last 10 games against Minnesota.

• Apr 20, 2024 – Minnesota 120 vs. Phoenix 95
• Apr 14, 2024 – Phoenix 125 vs. Minnesota 106
• Apr 05, 2024 – Phoenix 97 vs. Minnesota 87
• Nov 15, 2023 – Phoenix 133 vs. Minnesota 115
• Mar 29, 2023 – Phoenix 107 vs. Minnesota 100
• Jan 13, 2023 – Minnesota 121 vs. Phoenix 116
• Nov 09, 2022 – Phoenix 129 vs. Minnesota 117
• Nov 01, 2022 – Phoenix 116 vs. Minnesota 107
• Mar 23, 2022 – Phoenix 125 vs. Minnesota 116
• Jan 28, 2022 – Phoenix 134 vs. Minnesota 124

The Minnesota Attorney General Tuesday sued a Fridley used car dealership for violating consumer protection laws, alleging it fraudulently sold more than 3,000 vehicles and targeted Spanish-speaking customers.

Midwest Car Search and its owner, Scott Spiczka, misrepresented cars as “certified” when they were not and illegally tacked on expensive service contracts without buyers’ consent, Attorney General Keith Ellison claims in the suit.

“This is a long-term systemic pattern of deception targeting customers with — though not always — limited English skills,” Ellison said at a Tuesday press conference.

Midwest Car Search marketed cars to Spanish-speaking consumers through advertising campaigns in that language. Sales negotiations were conducted in Spanish, but sales documents were in English “and bore no relation to promises” made in Spanish, Ellison’s office claims.

Spiczka, who is named in the suit, could not immediately be reached for comment.

The suit covers used car sales made from 2017 through 2022. The Attorney General’s office said it investigated the company after receiving many consumer complaints.

In some cases, the suit claims, consumers “quickly encountered fundamental problems with [Midwest Car Search’s] vehicles, sometimes on the same day of their purchase, rendering their investment worthless. “

Midwest said in online advertisements — and directly to customers — that its cars were all “certified” as mechanically sound, the suit said.

Under state law, a car must meet several conditions to be certified, including that it be inspected by a third party for deficiencies — and come with a warranty. The Attorney General’s Office claims Midwest Car Search routinely sold vehicles as “certified” that came with no warranties and no inspection reports.

“In many cases, [car buyers] were stuck with lemons,” Ellison said.

Manuela Enriquez of Burnsville said at the press conference that she bought a lemon from Midwest Car Search in 2019. Soon after purchasing it, she said, she found the brakes didn’t work.

“I took it to a mechanic, and he asked why I bought this thing — it didn’t work, and I shouldn’t be driving it,” Enriquez said. She asked Midwest Car Search to fix the brakes, she said, but the company refused.

Enriquez said in an interview that she asked to test drive the car before buying it, but was told she could only ride along as a passenger; a dealership employee drove.

Midwest Car Search also allegedly added expensive service contracts to its car sales without telling consumers. The average service contract cost more than $1,500, according to the lawsuit.

The Attorney General’s Office said it reviewed 200 individual car purchases from Midwest Car Search, and all of them failed to properly disclose a service contract.

The suit filed in Anoka County District Court alleges several consumer law violations, including deceptive trade practices, false advertising and fraud. The suit also claims Midwest Car Search used the moniker “Coches MN” to market to Spanish-speakers without registering the business name with the state.

Ellison is seeking an injunction against the company’s allegedly illegal practices, restitution to customers and civil penalties.