Ian Mitcham jury restarts deliberations in sentencing phase | FOX 10 Phoenix

Added: 2026-05-28

[00:00:00]Turning to a story we have been following for years now. Jury deliberations starting over today for the sentencing of convicted murder Eyen Mitchum after a juror was excused yesterday.

[00:00:11]>> Yeah. Mitchum was found guilty in the 2015 murder and sexual assault of Allison Feldman. We have Fox 10's Brian Webb and Trenton Hooker joining us live in studio to just talk about these developments and what this means for the jury. M well the life or death decision back in the hands of the jury this morning, but this time it's with a twist. They'll have to start all over again.

[00:00:33]>> The one alternate juror will now be joining the 11 others. We're told this change came down to a comment from the exter excused juror. We don't know exactly what that was, but the jury had deliberated since last Thursday. Then after the holiday, something was said that landed them in hot water with the judge. All 12 were called in one at a time to answer questions yesterday.

[00:00:54]Apparently, the judge didn't like what they had to say. So, we spoke with a criminal defense attorney to find out more. Benjamin Taylor, he told us what he thinks about this change in the case.

[00:01:04]They can't do their own research on their phones. They can't ask their neighbors. They have to listen to the case and decide the case based on the facts they've heard in the courtroom. If a juror does something outside of that and does their own research, they can get disqualified from the jury.

[00:01:22]>> But now the clock starts over. The alternate juror has missed the prior two days of deliberations.

[00:01:30]>> Alternate jurors have been there for the very beginning. Even though they weren't there for the last couple of days during deliberations, they will be caught up to speed with the other jurors. And once the cop come up the speed that all the jurors would then deliberate on their own, >> all 12 jurors have to reach a unanimous decision in a or life in prison or death. If they don't, that's considered a hung jury.

[00:01:54]>> In that case, a brand new jury will do it again, go through the evidence. If they get a hung jury again, it's up to the judge.

[00:02:03]>> Okay. So, this isn't going to change the verdict. He has been found guilty.

[00:02:07]Correct. That's not going to go back.

[00:02:09]Um, but you're saying they would have to go back again, get a new jury, not a new trial in the murder, though.

[00:02:16]>> Correct. Yes. In this case, if they have the decision whether they want to have a life in prison for Mitchum or he's going to get the death penalty, they have to be unanimous across the board. Again, >> obviously, a lot of questions as to what this comment was. The other jurors most likely heard it. They're going in one-on-one. Um, we have the alternate juror who probably most likely since they missed two days of deliberations doesn't know what that comment is. Do we know? Can the judge order the other jury members not to talk about that comment?

[00:02:45]Not to influence or sway this person.

[00:02:47]>> And apparently Benjamin Taylor seemed to think it was more about doing your own research than it was saying, "Well, this guy's guilty or this guy's innocent."

[00:02:54]Influencing anybody that way. It was more about breaking the rules of the court that the judge set for this case. something was said that broke the rules and so here we are again but it's just the evidentiary the deliberation starts over not the whole trial.

[00:03:09]>> So that has already started then the deliberations correct as of this afternoon >> this morning. Yeah.

[00:03:14]>> And no word yet as to how long it may take them.

[00:03:17]>> Well, we're going to go till about 4:30 every day and we have Thursday and then they're off Friday. So at least we asked that question to Benjamin Taylor of does he feel like this is going to be a quick decision or are they going to, you know, they're going to have to start over with the evidence. He was saying that, you know, in certain cases where you have an alternate, they're extremely aware of the case, what's going on, there's going to be a process of like, okay, let's catch you up to speed real quick. Let's let's get it there. Let's get them let's get a move on because either, you know, the other other 11 have already really made up their minds on >> and you'll have more in later editions.

[00:03:49]>> Yes, ma'am.

[00:03:50]>> Okay. Fantastic. Thank Thank you.