Oral hearing on key evidence in 2015 murder case scheduled for Thursday

This week, the Arizona Supreme Court will hear oral arguments about a key piece of DNA evidence in a 2015 murder case.

Allison Feldman was found murdered in her Scottsdale home over nine years ago. Her case was the first in Arizona in which family DNA was used to find a suspect. Yet all these years later, Ian Mitcham's trial is on hold as the battle for DNA evidence continues.

“When you lose a child, you lose your future and there is no way to get it back,” said Harley Feldman.

This is his reality: He is working to honor his daughter, whose life ended abruptly in February 2015.

“She was probably the nicest, most helpful person I know,” Harley said.

The 31-year-old's murder shocked the valley, but the case remained unsolved until 2018. In April of that year, authorities announced they had arrested Mitcham.

It was the first time Arizona used a family's DNA to lead police from the crime scene to the suspect.

“I remember thinking it was phenomenal that Arizona had gone this far and moved this forward,” said Troy Hillman, a former Phoenix Police Department homicide detective.

Hillman told ABC15 he acquired the tool while investigating the famous sewer murders. He did not work on Allison's case, but in recent years Hillman has gotten to know the Feldman family.

“I call it a turning point,” Hillman said. “It's critical to give families answers.”

But it is familial DNA that differs from investigative genetic genealogy.

“One is essentially searching the convict database,” Hillman said. “The other is searching the FIGG, the public genealogy websites like 23 and Me.”

In Mitcham's case, his brother, who was already behind bars, was considered a close relative.

Despite the arrest, investigators were unable to establish any connection between Allison and Mitcham, according to court documents.

Police found that he denied the allegations when questioned in 2018. All these years later, Mitcham's trial is on hold after a dispute began over that crucial piece of DNA evidence.

A judge rejected Mitcham's DNA sample on the grounds that it could not be used as evidence because it had been collected as part of another case related to the drink-driving incident.

But then an appeals court overturned that decision.

Now the Arizona Supreme Court will hear oral arguments on Thursday, with each side having 20 minutes of speaking time.

“We don't talk about it because it just doesn't do any good,” Harley said. “My wife is not going to go to court. She's having a very difficult time with these issues, but I'm going to be there for her.”

Mitcham's attorney Jeffrey Kirchler sent ABC15 a statement on Tuesday:

“The Fourth Amendment and Article 2, Section 8 of the Arizona Constitution cannot be repealed,” Kirchler wrote. “We all have the right to be free from government interference in the most private areas of our lives. The Arizona Supreme Court's decision in this case will either secure or degrade our individual rights.”

“Now we take the next step, the final step, I hope,” Harley said.

Allison's family hopes that a decision will be made before the end of the year.

Harley now works with parents of murdered children and told ABC15 that giving back helps him too. Harley said he does it all in memory of his daughter.

“She would like what we're doing,” Harley said. “She would tell us to keep going. I know how she thinks and she would be pleased with what I've done.”

ABC15 has reached out to the MCAO to learn more about what it would mean for the case if the evidence was thrown out again. Our team will also be in the courtroom on Thursday.