It’s a high-stakes trial that could ultimately give Republicans and Democrats a 50-50 split in the Minnesota Senate.

“It has such political ramifications,” said Twin Cities attorney Mike Bryant. “I think a lot of people will be watching what happens.” 

It was April 2024, when the criminal complaint said Minnesota Sen. Nicole Mitchell‘s stepmother’s called 911 to report a burglary at her Detroit Lakes home. Mitchell allegedly told police she entered the home to retrieve personal items connected to her recently deceased father, because her stepmother had cut off contact.

In a social media post, Mitchell denied all allegations. Mitchell said she had gone to check on a family member with Alzheimer’s disease.

Bryant said he feels Mitchell will have to testify.

“Unless the state has a really super weak case that they can’t prove anything, I think it’s going to be one of those situations where the jury’s going to want to hear from her,” said Bryant. 

“I think it’s going to be very difficult to win,” said Minneapolis criminal defense attorney Joe Tamburino. “Let’s face it, according to what’s in the complaint and what we imagine the prosecutor will prove at trial, is that she was found in the house at the very early morning hours, she was dressed in black and she was discovered by her stepmother and then supposedly she ran down to the basement, and then when the police got there, she made a number of incriminating statements.”

Tamburino said Mitchell’s defense team will be calling on character witnesses.

“Those are witnesses who would say ‘look, the defendant is someone who’s honest, trustworthy, a good person,’” said Tamburino.

They will also try for something called jury nullification.

“Meaning you’re just telling the jury you never had the intent to do this, you’re a good person, so please find me not guilty,” said Tamburino. “Will there be witnesses, like factual witnesses, to say things that ‘well some of this property really was belonging to the defendant Ms. Mitchell’ or ‘some of this property was meant to go to her.’”

Bryant said he expects the longest part of the trial to be jury selection. If a jury can be picked in time, he expects the trial should wrap by the end of the week.