On Wednesday, a three-judge panel with the Court of Appeals heard arguments about evidence in a high-profile Valley murder case.
Allison Feldman was found dead in her Scottsdale home in 2015.
It took years for police to make an arrest, but in 2018, Ian Mitcham was taken into custody.
Mitcham's arrest was the first time where familial DNA was used to solve a case in Arizona.
His brother, who is already behind bars, matched as a close relative of the suspect.
Ultimately, DNA from the murder scene was compared to a blood sample taken in 2015 when Ian Mitcham was arrested for a DUI.
Allison Feldman's dad, Harley Feldman, still remembers that phone call.
"So when he said, 'We’ve got 'em,' I just relaxed," said Harley. "I just thought now we are gonna make progress."
But nearly five years later, a judge tossed out the DNA sample in the case, saying it can't be used as evidence because it was collected as part of an unrelated case.
The judge in the case says the DNA should not have been made available for testing.
The decision came as a surprise to Feldman's family.
"To me, it was all set ready to go," said Harley. "So, it was a major hit when the judge ruled against the DNA."
The Maricopa County Attorney's office appealed that ruling and was able to argue their case on Wednesday.
MCAO told the judges that police would have gotten a search warrant if they thought one was required.
Police did get other search warrants involving Mitcham when they were investigating the case.
They also said Mitcham's DNA would have inevitably ended up in the CODIS system because he is now a twice-convicted felon, and the testing did not invade Mitcham in any way since the sample was already in possession.
Court documents say: "His DNA evidence must be entered into the Combined DNA Index System (“CODIS”). A.R.S. § 13–610(O)(1). That system will report a match today, and indefinitely in the future, between Mitcham’s DNA and a previously unknown DNA profile developed from biological material discovered at the scene of Allison Feldman’s murder."
The Public Defenders Office argued that officers needed a search warrant before testing the blood drawn in 2015. They also argued that the sample was supposed to be destroyed after 90 days.
The ACLU of Arizona also argued in court and filed a brief in support.
"It’s a tough day," Harley told ABC15 Wednesday. "Court case day and it’s also Allison’s birthday. It's been eight years since we lost her. We miss her a lot."
A day that should have been a celebration was just another day of waiting for the Feldman family.
Maricopa County Attorney Rachel Mitchell said little about the case at her bi-weekly press conference.
"We are waiting for a decision on that, and I don't have a timeline for you," said Mitchell.
The county told ABC15 back in January that Mitcham's case is on hold, pending a decision from the court of appeals.
"I felt good about what happened today," said Harley.
The Feldmans hold on to positivity, while they remember Allison each day. Harley told ABC15 he helps other families going through similar situations.
But with further appeals possible, Harley and his family feel this case may be far from over.
