Allison Feldman murder case: AZ Supreme Court hears arguments on DNA evidence
Ian Mitcham and Allison Feldman
PHOENIX - The Arizona Supreme Court is taking up a case on Thursday which will have a major impact on a Valley murder investigation, and possibly many future cases.
During a hearing on Sept. 26, the supreme court heard arguments on evidence used in the Allison Feldman murder case, which was the first time familial DNA was used by police to link a suspect to a crime.
Feldman was found dead in her Scottsdale home in 2015. It took investigators three years to find the suspect.
Ian Mitcham, 31, was arrested for Feldman's murder after investigators say they matched DNA from the crime scene to Mitcham's brother, who was in prison.
Police then used a sample of Mitcham's DNA from a 2015 DUI arrest to put him at the murder scene.
Last year, just before the case was set to go to trial, a judge tossed out the DNA evidence. The defense argued that using the sample violated Mitcham's Fourth Amendment rights because he didn't consent to it being used, and it was supposed to have been destroyed.
The Arizona Court of Appeals later reversed that decision, which led to an appeal to the state supreme court.
Lawyers from both sides were given about 20 minutes to present their cases during the hearing on Sept. 26.
"I thought the strongest argument was DNA never changes in your body," said Allison's father, Harley Feldman. "It doesn’t matter when it was taken. It will always come up with the same result. So I thought that was a very strong argument."
"The arguments went the way we typically expected to go to the justices. The justices asked very incisive questions, looking for answers, and they’re trying to figure out how to decide the law. Not only for this case, but for all the hundreds of cases that will come after," said defense attorney David Euchner.
It's unknown when a ruling will be made.