Judge allows defense to refer to Nicole Mitchell as ‘Senator’ at trial

The judge presiding over Sen. Nicole Mitchell’s burglary trial ruled on several motions Tuesday, granting a request to sequester witnesses while denying a motion to prohibit the defense from referring to Mitchell by her elected title.

The order issued by Becker County District Judge Michael Fritz gives a clearer picture of how the trial — now delayed until after the legislative session — will be conducted.

State prosecutors succeeded in prohibiting the defense from requesting a lesser-included trespassing charge and asking jurors to consider “if they have ever been blamed in life for something they did not do” or discussing Mitchell’s potential punishment.

However, the state’s motion asking to bar the defense from referring to Mitchell as “Senator” was denied. Prosecutors argued using the title “could lead to improper sympathy” for Mitchell, but Judge Fritz reasoned that this was “purely speculative.”

“Law enforcement officers are routinely addressed in court proceedings by their title, as are certain witnesses such as doctors and other witnesses having professional titles. The motion is denied,” Fritz’s order states.

Fritz also granted several motions brought by Mitchell’s defense team, including a request to prohibit the prosecution from eliciting testimony about the reliability of any statement taken from a witness over the course of the investigation.

The judge opted not to rule right away on issues regarding “cherry-picking” bodycam footage of Mitchell’s arrest — saying that both sides hope to resolve the issue before the trial — and restricting the defense from suggesting that jurors “exercise powers beyond their role as fact finder.”

You can read the full ruling on all of the motions in the court document below.

Mitchell, a Woodbury Democrat, faces one count of first-degree burglary in connection with an alleged break-in at her stepmother’s Detroit Lakes home in April.

Her criminal case has drawn ire from Republicans, who have tried unsuccessfully to remove her from the Senate. Last session, the Senate DFL caucus stripped Mitchell of her committee assignments and barred her from caucus meetings.

A recent KSTP/SurveyUSA poll found 43% of Minnesotans favor waiting until after Mitchell’s trial to decide on whether to expel her, while 41% said she should be expelled now.