Supreme Court examines DNA evidence in Scottsdale murder case

SCOTTSDALE, Ariz. (AP) — The Arizona Supreme Court heard oral arguments Thursday on a blood sample used to arrest the man police believe killed a Scottsdale woman nearly a decade ago.

Lawyers for Ian Mitcham, the suspect in the high-profile murder of Allison Feldman, appealed to the state's highest court, arguing that the way police used the blood sample to make a DNA match to the crime scene Violated Mitcham's Fourth Amendment rights.

In February 2015, 31-year-old Feldman was murdered in her Scottsdale home.

In 2018, Scottsdale police, along with DPS, announced they had identified Mitcham as a suspect.

Investigators said they were able to make the connection in part using familial DNA, matching DNA found at the crime scene with that of one of Mitcham's brothers, who was already in prison. Scottsdale police then used Ian Mitcham's DNA sample from a 2015 DUI to link the DNA at the crime scene to Mitcham.

However, in 2022, at the request of Mitcham's defense, the trial court judge threw out the DNA evidence.

The state appealed to the Arizona Court of Appeals, which then decided to allow the DNA evidence to be used at trial.

But then defense attorneys appealed again to the Arizona Supreme Court.

“Law enforcement should seek permission to conduct the search, not forgiveness after the fact,” said Maricopa County Public Defender Mikel Steinfeld.

Mitcham's lawyers argued the blood sample was not taken legally.

“This would be no different than if we all had our blood drawn immediately and then put it into tubes and then they tested all of us to see who might be at random crime scenes,” David Euchner, Arizona Attorneys for Criminal Judges, said 12News outside court.

But prosecutors argue the evidence was collected as part of a crime and evidence could be used.

“There is no reasonable expectation of privacy in an STR DNA profile created based on evidence lawfully possessed by police,” said Nick Klingerman, who prosecuted the case as an assistant district attorney for Maricopa County.

Some of the judges questioned the limits of the DNA samples collected.

“That we would agree or allow police to collect consent samples and then use them years later for identity purposes is extremely appalling to me. “So what are the limits?” said Judge Clint Bolick.

Klingerman said the prosecution is not claiming that there is anything to be done with the DNA evidence, but rather that this DNA sample is evidence of a crime.

“Once that blood sample comes back and is tested, it is evidence of a crime, retained by police like any other evidence and used in the trial, retested if necessary and available,” Klingerman said.

The state also argued that they would inevitably have gotten Mitcham's DNA after he was convicted of other, unrelated crimes in 2022.

“It is functionally different from other forms of evidence. If you go into a house without a search warrant and find evidence, you can't repeat it, but DNA is immutable. It's different. Whether I take a sample today, tomorrow or the day after, it will be the same. The result will be the same,” Klingerman said.

Still, Mitcham's lawyers argue that the ends do not justify the means.

“It may be evidence, but that doesn't mean the police can't break all the rules when they do it, just like they can't when they arrest someone and they can't break their legs in the process,” Euchner said.

The process for justice for Feldman's family continues nearly a decade later.

“I did this for Allison and will be here every day to ensure the case is properly adjudicated,” said Harley Feldman, Allison’s father.

Now the decision is in the hands of Arizona Supreme Court justices, which could come in weeks or months.

“We have the right person who murdered my daughter, I believe, and we want a conviction,” Feldman said.