Mitcham jury starts over: Criminal defense attorney explains | FOX 10 Talks

Jury deliberations are starting over for the sentencing phase of convicted murderer Ian Mitcham after a juror was excused. Criminal defense attorney Benjamin Taylor joins FOX 10 Talks to explain the legal implications of this sudden twist.  Mitcham was found guilty in the 2015 murder and sexual assault of Allison Feldman. The life-or-death decision is back in the hands of the jury, but they will have to start over completely. One alternate juror is now joining 11 others after a comment from the excused juror landed the panel in hot water with the judge. This jury had been deliberating since last Thursday, but after the holiday weekend, a comment was made that forced the judge to call in all 12 jurors one at a time to answer questions yesterday.  Because the alternate juror missed the prior two days of deliberations, the clock must now start over. Taylor explained that alternate jurors have been present for the entire trial, and all 12 members must now begin deliberating from scratch. The jury has to reach a unanimous decision of life in prison or death. If they fail to agree, it will result in a hung jury, forcing a brand-new panel to go through all the evidence again.