Oral arguments over a key piece of DNA evidence in a 2015 murder case were in the Arizona Supreme Court this week.
Allison Feldman was found murdered in her Scottsdale home over nine years ago. Her case marked the first in Arizona where familial DNA was used to help track down a suspect. But all these years later, Ian Mitcham's trial is on hold as the battle over DNA evidence continues.
"When you lose a child you've lost your future, and there's no way to get that back," said Harley Feldman.
That's his reality, working to honor his daughter whose life was cut short in February 2015.
"She was probably the most kind, helpful person that I know," said Harley.
The 31-year-old's murder rocked the Valley, but the case went cold until 2018. In April of that year, law enforcement announced they had arrested Mitcham.
It was the first time Arizona used familial DNA to lead police from the crime scene to the suspect.
"I remember thinking it was phenomenal that Arizona had gone ahead and pushed this forward," said former Phoenix Police Cold Case Homicide Detective Troy Hillman.
Hillman told ABC15 he pushed for the tool while investigating the well-known canal murders. He didn't work on Allison's case, but in recent years Hillman met the Feldman family.
"I call it a game changer," said Hillman. "It's vital to give family's answers."
But it's familial DNA that is different from investigative genetic genealogy.
"One basically mines the arrestee convicted database," said Hillman. "The other mines the FIGG, the public genealogy websites, like 23 and Me."
In Mitcham's case his brother, who was already behind bars, matched as a close relative.
Despite the arrest, court documents said investigators couldn't find a connection between Allison and Mitcham.
Police noted he denied the accusations when questioned back in 2018. All these years later, Mitcham's trial is on hold after a battle over that key piece of DNA evidence began.
One judge tossed out Mitcham's DNA sample and said it couldn't be used as evidence because it was collected as part of an unrelated DUI case.
But then an appeals court reversed that decision.
The Arizona Supreme Court listened to oral arguments on Thursday, where each side got 20 minutes to speak.
"I do this for Allison," said Harley as he walked out of court Thursday.
He never thought the fight for justice would take him to the Arizona Supreme Court.
"I'm going to be here every day to make sure her case is adjudicated correctly," said Harley.
Both sides took rapid-fire questions from the Justices on Thursday.
"Inevitable discovery cannot rely on speculation, and that’s precisely why Judge Whitehead at trial court said that the state had not fulfilled its burden to prove the inevitable discovery," said Mitcham's attorney Mike Steinfeld.
"It's form over function to say they need to retake the sample to develop the profile that's in the database," said Criminal Division Chief for the State Attorney General's Office Nick Klingerman. "I can take another sample today and it will result in the same profile."
Arguing alongside Mitcham's attorney, David Euchner with Arizona Attorneys for Criminal Justice. Euchner spoke with ABC15 as he walked out.
"If they want to try and do this investigation properly, they can try to do that," said Euchner. "But they've done it poorly up until now, and the evidence is tainted."
Harley walked out still feeling positive, even though he said it wasn't what he expected.
"But I thought they did a good job, and I feel good about the outcome," said Harley.
Harley told ABC15 he's not expecting a decision from the court for weeks if not months.
ABC15 reached out to MCAO after oral arguments for a statement, but they had nothing additional to add. Our team did ask what the impact would be if the DNA sample was thrown out. MCAO said they can't share anything more since it's still an open case.
Mitcham's attorney, Jeffrey Kirchler, sent ABC15 a statement Tuesday:
"The Fourth Amendment and Article 2 Section 8 of Arizona Constitution cannot be chipped away," wrote Kirchler. "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."
"Now we're taking the next step, the last step I hope," said Harley.
Allison's family hopes a decision comes, before the end of the year.
Harley now serves with the Parents of Murdered Children, he told ABC15 that giving back helps him as well. Harley said he does it all in honor of his daughter.
"She would like what we were doing," said Harley. "She would tell us to carry on. I know the way she thinks, and she would be pleased with what I’ve done."
