Overview
- Jurors in the penalty phase were sent back to deliberate after one juror was excused for making a comment that raised concerns about outside influence and an alternate was seated to replace them.
- Prosecutors had urged the death penalty and the jury previously found aggravating factors, but the panel reported it was at an impasse and could not reach the unanimous vote required for a death or life sentence.
- After continued deadlock, the judge dismissed the jury for the murder sentencing, leaving Mitcham’s first-degree murder sentence unresolved and scheduling further proceedings for a later date.
- Separately, the judge imposed a combined 10.5-year term on Mitcham for sexual assault and second-degree burglary, credited with time served and requiring him to register as a sex offender.
- The case was delayed for more than a decade by a legal fight over familial DNA—the first such search used in Arizona—which the state Supreme Court ultimately allowed and which led investigators to Mitcham.