Arizona Supreme Court hears case on DNA evidence in Valley murder

SCOTTSDALE, Arizona – A dispute over a blood sample will go before Arizona’s highest court Thursday morning.

This appeal comes from the suspect in the murder of Allison Feldman, a Scottsdale woman who was murdered nearly a decade ago. At the heart of the case is the question of how police obtained a DNA match.

This began in February 2015, when 31-year-old Allison Feldman was murdered in her Scottsdale home.

No arrests were made until 2018, when Scottsdale Police along with DPS announced they had caught their man: a man named Ian Mitcham.

Investigators said they were able to make that connection in part using familial DNA. New technology was able to match DNA found at the crime scene to that of one of Mitcham's brothers, who was already in prison. Then Scottsdale police used Ian Mitcham's DNA sample from a 2015 drunken driving case to link the DNA from the crime scene to Mitcham.

But in 2022, when the murder case was set to go to trial, Mitcham's defense asked that the DNA evidence be thrown out.

The defense argued that Scottsdale police violated Mitcham's Fourth Amendment rights by using the old blood sample from another case. Records showed that sample should have been destroyed, and Mitcham's defense argued that Mitcham did not consent to the blood sample being used for a DNA match.

The trial judge agreed and rejected the prosecution's key evidence.

The state appealed the lower court's decision last year and won, meaning the evidence is back. Then Mitcham's defense appealed that decision to the Arizona Supreme Court, where the trial is scheduled to begin this week. All of the appeals have further delayed the trial.

“This is the last place in the world I expected to be,” said Harley Feldman, Allison Feldman's father. “But you know, this is the job I have, the life I have, and I have to solve it for Allison.”

Mitcham's lawyer emailed the following statement regarding the upcoming negotiations: The Fourth Amendment and Article 2, Section 8 of the Arizona Constitution cannot be repealed. 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.

MCAO declined to comment on the case. Scottsdale police did not return a call with 12News by publication time.

Harley Feldman plans to appear in court on Thursday for oral arguments. He believes the decision in this case could be groundbreaking. But the numerous delays before the trial begins have put additional pressure on his family.

“It's very frustrating,” Feldman said. “In fact, my wife and I don't talk about it anymore. We can't control the pace, we can't control the timing … She's not going to be in court this week. It's too hard on her.”

Feldman spent years keeping his daughter's case in the spotlight and fighting for justice, becoming the leader of the local group for parents of murdered children.

“The way I talk about it is that when you lose your parents, which is usually the case, it's like losing your past,” Feldman explained. “But when you lose a child, you've lost your future. And that can never be undone.”

Oral arguments are scheduled to begin in the morning on Thursday, September 26. 12News plans to cover the proceedings, so check back later for updates.

Catch up on the latest news and stories on the 12News YouTube channel. Subscribe today.

>> Download the 12NewsApp for the latest local breaking news straight to your phone.

>> Live, local, current. Download the 12News app

You can now watch 12News content anytime, anywhere thanks to the 12News+ App!

The free 12News+ The 12News app allows users to stream live events – including daily newscasts like “Today in AZ” and “12 News” and our daily lifestyle program “Arizona Midday” – on Roku and Amazon Fire TV.

12News+ presents live video throughout the day with breaking news, local news, weather, and even the occasional zen moment with stunning sights from across Arizona.

Users can also watch on-demand video of major stories, local politics, I-Team investigations, Arizona-specific features and old videos from the 12News archives.

Roku: Add the channel from the Roku Store or search for “12 News KPNX.”

Amazon Fire TV: Search for “12 News KPNX” to access the free 12News+ App you want to add to your account, or 12News+ App delivered directly to your Amazon Fire TV via Amazon.com or the Amazon app.

Other ways to get 12News

On your phone: Download the 12News app to get the latest local breaking news delivered straight to your phone.

On your streaming device: Download 12News+ to your streaming device

12News' free 12News+ app allows users to stream live events – including daily newscasts like “Today in AZ” and “12 News” and our daily lifestyle program “Arizona Midday” – on Roku and Amazon Fire TV.

12News+ presents live video throughout the day with breaking news, local news, weather, and even the occasional zen moment with stunning sights from across Arizona.

On social media: Find us on Facebook, ÞjórsárdalurInstagram and YouTube.