A new Arizona Court of Appeals decision paves the way for a suspect to face trial in the 2015 murder of Allison Feldman in Scottsdale.
At issue was whether police illegally obtained a suspect’s DNA profile using blood drawn for another reason.
Police reportedly kept an extra vial of Ian Mitcham’s blood they took with his consent during a DUI arrest, and then years later used the sample to create a DNA profile without a warrant or his permission.
Mitcham’s profile allegedly matches with an unknown DNA sample taken from the Feldman murder scene, officials said.
Still, a Superior Court judge quashed Mitcham’s DNA profile.
Now, the state Court of Appeals says suppressing that evidence was a mistake because police still had probable cause when Mitcham was arrested in 2018.
The case can now go to trial.
