PHOENIX — The Arizona Court of Appeals decided to reverse the lower court's ruling that excluded DNA evidence from trial in the Allison Feldman murder case.
The appeal all stems from a battle over a blood sample and how Scottsdale police used it to close that 2015 murder case.
In a decision this week, the panel of three appellate judges who heard the case on appeal all agreed to reverse the Maricopa County Superior Court judge's decision that granted the defense's motion to throw out the DNA evidence and remand the case back to the lower court. The original motion to suppress evidence claimed Scottsdale police violated suspect Ian Mitcham's constitutional rights when the making the match.
"It finally felt like it was time to relax and move on with the case," said Harley Feldman, Allison's father.
For three years, Allison Feldman’s murder was unsolved. But in 2018, Scottsdale police announced they found their suspect and arrested Ian Mitcham after an initial familial DNA match.
Court records show Scottsdale police used familial DNA to connect DNA found at the crime scene to one of Mitcham’s brothers in prison, indicating a close relative could be the suspect in Allison’s murder.
Then police used a blood sample they already had in evidence, collected in an unrelated 2015 DUI case against Ian Mitcham, to confirm it was the same as the DNA found at the murder scene.
Weeks before Mitcham’s February 2023 trial, a Maricopa County Superior Court judge decided to throw out that key DNA evidence, siding with the defense’s argument that Scottsdale police violated Mitcham’s Fourth Amendment rights by using the old blood sample without a new warrant.
Prosecutors appealed the decision.
"I don’t think he had the same expectation of privacy," the arguing prosecutor said in court, referring to Scottsdale police collecting Mitcham's blood sample in 2015.
Judge Paul J McMurdie wrote the following in the opinion: "...the superior court erred by suppressing Mitcham’s DNA profile because (1) probable cause supported his arrest even without the impermissible DNA match that allowed the State to obtain a buccal swab and develop a DNA profile; and (2) once Mitcham pled guilty to other felony charges, the profile was properly in the State’s possession. Thus, we reverse the suppression order and remand for further proceedings.
“I was confident my attorneys would prevail," Maricopa County Attorney Rachel Mitchell commented over email. "This decision allows us to continue to seek justice for the victims.”
Each side in the case has thirty days to petition the decision to the Arizona Supreme Court.
"Mr. Mitcham and our team are carefully reviewing the Appeals Court decision and Mr. Mitcham's options," Mitcham's attorney, Jeff Kirchler shared in a message with 12News. "We have no further comment at this time."
The ACLU and Arizona Attorneys for Criminal Justice support Mitcham's defense in the appeal.
"AACJ is concerned that the Court of Appeals did not appreciate the privacy concerns related to extracting DNA profiles," AACJ's David Euchner wrote in a statement.
Mitcham has pleaded not guilty to all charges in Allison’s murder case. The appeal process has meant more painful delays for the Feldman family, now waiting more than eight years for justice.
Feldman's father is hoping the trial can move forward sooner rather than later.
"I’m going to make sure the judge knows I’m there," Feldman said. "The accused knows I’m there. The jury knows I’m there. Because I’m standing up for her."
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