The attorney for Nicole Mitchell says the embattled Minnesota state Senator will step down from her post within the next two weeks.
Dane DeKrey made the announcement on Fargo, ND radio station KFGO on Monday.
He said Mitchell will resign by 5:00 p.m. on Aug. 4.
Last Friday, Mitchell was convicted of two felony counts of burglary for breaking into her stepmother's home in Detroit Lakes on April 22, 2024.
It took jurors three hours of deliberation to reach its verdict following a trial that began last Monday.
"She wants two weeks to finish her outstanding legislative out-of-session work, some constituent service stuff, she wants to help her staff find employment," DeKrey told KFGO.
Another issue noted by Mitchell's lawyer is finding health care, specifically for her son. In a press release (embedded in this story below) from Ringstrom DeKrey PLLP, they say:
"Obtain health insurance for her son. Senator Mitchell’s biological son receives his health insurance through her job in the Senate. She thus needs time to find gap coverage for her son as he will no longer be insured upon her resignation."
"It's not their fault that they are going to have to have new jobs because of a poor decision on her part," he said. "She has kept her word to the people of Minnesota, and I think that's something that's important."
"Senator Mitchell was convicted to two felonies; she doesn't' get to give the Senate two weeks' notice," Sen. Republican Leader Mark Johnson (East Grand Forks) announced in a statement. "Democrats shielded Mitchell for 15 months to protect their political power, but a jury needed just three hours to confirm what was already clear: she shouldn't be a senator. Not after March 22, 2024. Not in January 2025. And not today."
Mitchell testified in her own defense last week during the trial at the Becker County Courthouse.
When she was taken into custody the night of the break-in, Mitchell told police she was trying to gather personal belongings of her late father.
But during her testimony, she said she was there to check on her stepmother, who has Alzheimer's disease.
Initially, Mitchell told police she broke into the home to gather personal belongings of her late father, such as a t-shirt and his ashes. During her trial, Mitchell said she was there to check on her stepmother, who has Alzheimer’s disease.
When Mitchell does step down, the Minnesota Senate will be deadlocked at 33-33 between Republicans and Democrats.
DeKrey says there is a very good chance Mitchell will serve jailtime.
“Minnesota law says that this conviction, it is presumed that you almost certainly must spend at least six months in jail. Which, in Minnesota is four months. You do two-thirds of your sentence automatically. There’s no debate about that,” DeKrey says.
DeKrey added there are some “Hail Mary” arguments that could be made to keep Mitchell out of jail.