Sen. Mitchell’s defense requests to move trial to after the legislative session; judge holds off on decision

Sen. Mitchell’s defense requests to move trial to after the legislative session; judge holds off on decision

Sen. Mitchell's defense requests to move trial to after the legislative session; judge holds off on decision

Defense for Woodbury DFL State Senator Nicole Mitchell on Tuesday argued before a Becker County Judge that her burglary trial should be delayed until after the 2025 legislative session ends in May.

The judge did not make a decision on whether or not to delay the trial. He’s taken the arguments under advisement and said he will make a decision when he is prepared.

As of now, Mitchell’s trial is scheduled for the end of the month.

Mitchell attended the hearing remotely as the legislative session began in St. Paul.

She was charged with burglary after allegedly breaking into her stepmother’s home in Detroit Lakes in April. She pleaded not guilty.

The motion requesting a later trial date was filed on Friday, citing a state statute authorizing postponing judicial proceedings in which a lawmaker is involved while the legislature is in session.

Her defense argued on Tuesday that state law allows a lawmaker to delay a legal proceeding until after the session. They also told the judge that there are outside political landscapes that could influence the case — like a deadlock in the State Senate after the recent death of Sen. Kari Dziedzic. Mitchell won’t be able to report to the Capitol during any potential trial.

A special election will soon be held for an open seat where voters typically vote Democrat.

Meanwhile, Becker County Attorney Brian McDonald said that serving in the legislature “shouldn’t be a safe haven” for people charged with crimes, adding, “Justice delayed is justice denied.”

RELATED: Becker County attorney objects to Sen. Mitchell’s request to delay burglary trial

CLICK HERE for complete coverage of the Nicole Mitchell case from 5 EYEWITNESS NEWS.