DETROIT LAKES, MINN. – Former Minnesota State Senator Nicole Mitchell’s request challenging restitution in her case has been denied.
The ruling came down from District Judge Michael Fritz last week.
In his ruling, Fritz acknowledged that the restitution hearing was held on November 12, with Mitchell filing her sworn affidavit on November 11.
“The parties agree the affidavit was not served at least five business days before the restitution hearing,” Fritz wrote in his memorandum in the court file.
Mitchell’s attorney argued that the state waived the deadline ‘to provide the defense with C.M.’s apartment records.’
“The defense says they could not file the affidavit without those records, because the information from the records was needed for the defense to be able to make specific challenges to the restitution request,” Fritz wrote.
The state said it was not under ‘any obligation’ to provide the records to the defense.
“The absence of those records was not a bar to the defense serving the statutorily required affidavit,” Fritz wrote.
