The use of DNA evidence in a nearly decade-old murder case has reached the Arizona Supreme Court, and its implications could reach far beyond a single trial. The legal contest hinges on whether Scottsdale police violated the 4th Amendment when they employed familial DNA to link Ian Mitcham to the 2015 murder of Allison Feldman in her home. As reported by FOX 10 Phoenix, the Arizona Supreme Court is set to hear arguments on the evidence used in Feldman’s case this Thursday. This will mark the first time such evidence was used by police to connect a suspect to a crime.
Feldman was found dead in February 2015, but it wasn't until 2018 that Mitcham was arrested. His capture was made possible by matching DNA from the crime scene to that of Mitcham's brother, who was already incarcerated. The match was achieved by using new technology to analyze familial DNA, a method that has not been without controversy. Scottsdale police also used Mitcham’s DNA from a prior 2015 DUI arrest to place him at the murder scene. In a turn before trial last year, a judge dismissed this DNA evidence citing Fourth Amendment concerns, a decision which was later overturned upon appeal by higher courts.
Last year’s ruling to toss out the DNA evidence has since been reversed by the Arizona Court of Appeals, but the defense team, sticking to their guns, took the argument up with the state supreme court. Arguments from both sides are due to be presented, as stated in an article by FOX 10 Phoenix, with each allotted 20 minutes—the ramifications of which could set a significant precedent in the use of DNA evidence in the future.
The defense has maintained its stance regarding the privacy implications. As they conveyed to 12News: "The Fourth Amendment and Article 2 Section 8 of Arizona Constitution cannot be chipped away. We all have the right to be free from government overreach into the most private areas of our lives. The Arizona Supreme Court’s decision in this case either will ensure our individual rights or deteriorate them." Meanwhile, Allison Feldman's father, Harley Feldman, struggling with the protracted process, has to continue to push for closure. He explained in a 12News interview, "It's very frustrating. My wife and I don't talk about it anymore. We can't control the pace, we can't control the timing... She won’t be coming to court this week. It’s too hard on her."
