Found Deceased AZ - Allison Feldman, 31, Scottsdale, 18 Feb 2015 #4 *Arrest*

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Now... Maricopa County's court site is really screwy....
Do you all think that his trial dates from 2/7 to 3/28/23 have been VACATED?? Since he has another Status conference hearing on 3/29 - meaning his trial will not start until 3/29/23 & go to 5/25/23??


Case Documents
Filing Date Description Docket Date Filing Party
2/3/2023 083 - ME: Conference Reset/Cont - Party (001) 2/3/2023


Case Calendar
Date Time Event
2/7/2023 10:00 Status Conference

2/7/2023 10:31 Trial

2/8/2023 10:31 Trial

to

3/28/2023 10:31 Trial

3/29/2023 9:30 Status Conference

3/29/2023 10:31 Trial

to

5/25/2023 10:31 Trial

link: Criminal Court Case Information - Case History
 
Tuesday, February 7th:
*Status Conference Hearing (@ 10am PT) - AZ - Allison M. Feldman (31) (Feb. 17, 2015, Scottsdale) - *Ian L. Mitcham (39 @ time of crime/42/now 47) indicted (4/11/18) & arraigned & charged (4/30/18) on 1st degree premeditated murder, 2nd degree burglary & 2nd degree sexual assault. Plead not guilty. $5M cash bond.
DNA matched with familial match in CODIS.
Trial was set to begin on 2/8/23 continued on 3/29/23. (thru 5/25) Most weeks Mondays thru Thursdays for trial. Jury selection: 3/29 & 3/30 & trial set to start: 4/3, 4/4, 4/5, 4/6, 4/10, 4/11, 4/12, 4/13, 4/17, 4/18, 4/19, 4/20, 4/24, 4/25, 4/26, 4/27, 5/1, 5/2, 5/3, 5/11, 5/15, 5/16, 5/17, 5/18, 5/22, 5/23, 5/24 & 5/25/23.
Court hearings from 6/28/18 thru 1/3/23 reference post #575 here:
https://www.websleuths.com/forums/t...cottsdale-18-feb-2015-4-arrest.305356/page-29
1/4/23 Update: Status conference hearing continues on 1/5/23. Trial has been changed from starting on 1/9/23 to start 2/8/23. Status conference hearing on 2/7/23.
1/5/23 Update: Status conference hearing continues on 1/6/23. State's Notice of Appeal. 1/9/23: Trial on 1/9/23 has been vacated. 1/18/23: Notice Court of Appeals Appellate Clerk Notice. Court of Appeals receipt. 1/26/23 Update: Judger Roy C. Whitehead has thrown out the DNA sample that led to the arrest of Mitchum accused of killing Allison in 2015. Mitcham's blood, according to the ruling was reportedly on file from a DUI arrest made by Scottsdale Police in 2015. "One vial was meant to be tested by the State in the course of its investigation, while the other vial was meant to be independently tested on Defendant’s behalf if he so elected," read a portion of the ruling. Mitcham, according to the ruling, signed a DUI Blood/Urine Results Destruction Notice, which stated that the second vial of blood would be destroyed after 90 days if a request for testing was not made. Judge Whitehead, in his ruling, wrote that since Mitchem agreed to the taking & analysis of his blood for drug & alcohol testing, the subsequent DNA analysis of his blood exceeded the scope of his consent. "This Court finds that, under these facts, [Mitcham] had an objectively reasonable expectation of privacy in his blood & that the State did not have a compelling interest to search his blood through a DNA analysis without first obtaining a warrant," read a portion of the ruling. In his ruling, the judge ruled that the extraction of the DNA profile, along with the DNA analysis & the DNA swabs collected from Mitchem are all suppressed as evidence, with the DNA analysis & DNA swabs being deemed as collected due to improper DNA extraction. Next status conference hearing on 2/7/23 @ 10am & jury selection begins at 10:30am.
2/4/23 Update: Motion to reset conference hearing. Added to court site status conference on 3/29/23. Trial was continued & will start on 3/29/23 & starts @ 10:30am with jury selection. Jury selection should take 2 days.
 
I see there is a motion to reset status conference hearing, but they still have it on 3/29/23 & trial also starting the same day. So I will go ahead & post this - and check it in the morning. HOPEFULLY the trial is still on.... 8 years waiting....


Case Documents:
Filing Date Description Docket Date Filing Party
3/23/2023 MOT - Motion - Party (001) 3/27/2023
NOTE: MOTION TO RESET STATUS CONFERENCE

3/6/2023 REC - Receipt - Party (001) 3/7/2023
NOTE: COUNTY ATTORNEY

2/27/2023 REC - Receipt - Party (001) 2/28/2023
NOTE: PUBLIC DEFENDER

2/22/2023 CAR - Court Of Appeals Receipt - Party (001) 2/23/2023
NOTE: C2C TRANSMISSION RECEIPT

2/22/2023 AIX - Appeals Index - Party (001) 2/23/2023
NOTE: ELECTRONIC INDEX OF RECORD

2/21/2023 CAR - Court Of Appeals Receipt - Party (001) 2/22/2023


Calendar:
Date Time Event
3/29/2023 9:30 Status Conference
3/29/2023 10:31 Trial

3/30/2023 10:31 Trial

4/3/2023 10:31 Trial

4/4/2023 10:31 Trial

4/5/2023 10:31 Trial

4/6/2023 10:31 Trial

4/10/2023 10:31 Trial

4/11/2023 10:31 Trial

4/12/2023 10:31 Trial

4/13/2023 10:31 Trial

4/17/2023 10:31 Trial

4/18/2023 10:31 Trial

4/19/2023 10:31 Trial

4/20/2023 10:31 Trial

4/24/2023 10:31 Trial

4/25/2023 10:31 Trial

4/26/2023 10:31 Trial

4/27/2023 10:31 Trial

5/1/2023 10:31 Trial

5/2/2023 10:31 Trial

5/3/2023 10:31 Trial

5/11/2023 10:31 Trial

5/15/2023 10:31 Trial

5/16/2023 10:31 Trial

5/17/2023 10:31 Trial

5/18/2023 10:31 Trial

5/22/2023 10:31 Trial

5/23/2023 10:31 Trial

5/24/2023 10:31 Trial

5/25/2023 10:31 Trial

link: Criminal Court Case Information - Case History
 
Wednesday, March 29th:
*Status Conference Hearing (@ 9:30am PT) & Trial set to begin with Jury Selection (@ 10:30am PT) - AZ - Allison M. Feldman (31) (Feb. 17, 2015, Scottsdale) - *Ian L. Mitcham (39 @ time of crime/42/now 47) indicted (4/11/18) & arraigned & charged (4/30/18) on 1st degree premeditated murder, 2nd degree burglary & 2nd degree sexual assault. Plead not guilty. $5M cash bond.
DNA matched with familial match in CODIS.
Trial set to begin on 3/29/23. (thru 5/25) Most weeks Mondays thru Thursdays for trial. Jury selection: 3/29 & 3/30 & trial set to start: 4/3, 4/4, 4/5, 4/6, 4/10, 4/11, 4/12, 4/13, 4/17, 4/18, 4/19, 4/20, 4/24, 4/25, 4/26, 4/27, 5/1, 5/2, 5/3, 5/11, 5/15, 5/16, 5/17, 5/18, 5/22, 5/23, 5/24 & 5/25/23.
Court hearings from 6/28/18 thru 1/5/23 reference post #583 here:
https://www.websleuths.com/forums/t...cottsdale-18-feb-2015-4-arrest.305356/page-30
2/4/23 Update: Motion to reset conference hearing. Added to court site status conference on 3/29/23. @ 9:30am Trial was continued & will start on 3/29/23 & starts @ 10:30am with jury selection. Jury selection should take 2 days. Next status conference hearing on 2/7/23.
2/7/23 Update: Next status conference hearing on 3/29/23 @ 9:30am & trial set to begin at 10:30am. 2/21/23: Court of Appeals receipt. 2/22/23: Appeals Index-electronic index of record. Court of appeals: C2C transmission receipt. 2/27/23: Receipt-Public defender. 3/6/23: Receipts: County attorney. 3/23/23 Motions to reset status conference hearing filed on 3/27/23.
 
Niner said:
I see there is a motion to reset status conference hearing, but they still have it on 3/29/23 & trial also starting the same day. So I will go ahead & post this - and check it in the morning. HOPEFULLY the trial is still on.... 8 years waiting....


Case Documents:
Filing Date Description Docket Date Filing Party
3/23/2023 MOT - Motion - Party (001) 3/27/2023
NOTE: MOTION TO RESET STATUS CONFERENCE

3/6/2023 REC - Receipt - Party (001) 3/7/2023
NOTE: COUNTY ATTORNEY

2/27/2023 REC - Receipt - Party (001) 2/28/2023
NOTE: PUBLIC DEFENDER

2/22/2023 CAR - Court Of Appeals Receipt - Party (001) 2/23/2023
NOTE: C2C TRANSMISSION RECEIPT

2/22/2023 AIX - Appeals Index - Party (001) 2/23/2023
NOTE: ELECTRONIC INDEX OF RECORD

2/21/2023 CAR - Court Of Appeals Receipt - Party (001) 2/22/2023


Calendar:
Date Time Event
3/29/2023 9:30 Status Conference
3/29/2023 10:31 Trial

3/30/2023 10:31 Trial

4/3/2023 10:31 Trial

4/4/2023 10:31 Trial

4/5/2023 10:31 Trial

4/6/2023 10:31 Trial

4/10/2023 10:31 Trial

4/11/2023 10:31 Trial

4/12/2023 10:31 Trial

4/13/2023 10:31 Trial

4/17/2023 10:31 Trial

4/18/2023 10:31 Trial

4/19/2023 10:31 Trial

4/20/2023 10:31 Trial

4/24/2023 10:31 Trial

4/25/2023 10:31 Trial

4/26/2023 10:31 Trial

4/27/2023 10:31 Trial

5/1/2023 10:31 Trial

5/2/2023 10:31 Trial

5/3/2023 10:31 Trial

5/11/2023 10:31 Trial

5/15/2023 10:31 Trial

5/16/2023 10:31 Trial

5/17/2023 10:31 Trial

5/18/2023 10:31 Trial

5/22/2023 10:31 Trial

5/23/2023 10:31 Trial

5/24/2023 10:31 Trial

5/25/2023 10:31 Trial

link: Criminal Court Case Information - Case History
Click to expand...

I truly hope for the family's sake this isn't delayed any further! I'm sure her Dad traveled here for it, too.
 
formerlyme said:
www.fox10phoenix.com

Allison Feldman murder case: Judge throws out DNA evidence that led to suspect's arrest

A judge in Maricopa County has thrown out the DNA sample that led to the arrest of a person in connection with the 2015 murder of Allison Feldman.
www.fox10phoenix.com www.fox10phoenix.com

How in the world can this be real, if they had utilized the first vial all would be good but since this was supposed to be destroyed, I cannot wrap my head around this complete horrific monster.
Click to expand...

I just saw this!!! How can he throw out the DNA evidence and how much of a case do they have without it?? I can't find any updates but I hope the DA can successfully appeal this decision.
 
Ssschu said:
I just saw this!!! How can he throw out the DNA evidence and how much of a case do they have without it?? I can't find any updates but I hope the DA can successfully appeal this decision.
Click to expand...

I see that the article is from Jan. 27, 2023.

and I see on the court docket this:

2/22/2023 CAR - Court Of Appeals Receipt - Party (001) 2/23/2023
NOTE: C2C TRANSMISSION RECEIPT

2/22/2023 AIX - Appeals Index - Party (001) 2/23/2023
NOTE: ELECTRONIC INDEX OF RECORD

2/21/2023 CAR - Court Of Appeals Receipt - Party (001) 2/22/2023


Now wondering if the State won their appeal on this DNA evidence & that is why they have trial scheduled after that date.

I shall stop posting until we can find something more current. I am only coming up with the same article that you did.
 
and his trial has been moved... at least I "think" it was! :)

Docket update;

Date Time Event
3/29/2023 9:30 Status Conference
3/29/2023 10:31 Trial - Vacated
to
5/1/2023 10:31 Trial - vacated

5/2/2023 9:30 Status Conference
5/2/2023 10:31 Trial - Jury selection

5/3/2023 10:31 Trial - Jury selection

5/11/2023 10:31 Trial

5/15/2023 10:31 Trial

5/16/2023 10:31 Trial

5/17/2023 10:31 Trial

5/18/2023 10:31 Trial

5/22/2023 10:31 Trial

5/23/2023 10:31 Trial

5/24/2023 10:31 Trial

5/25/2023 10:31 Trial

link: Criminal Court Case Information - Case History
 
Niner said:
and his trial has been moved... at least I "think" it was! :)

Docket update;

Date Time Event
3/29/2023 9:30 Status Conference
3/29/2023 10:31 Trial - Vacated
to
5/1/2023 10:31 Trial - vacated

5/2/2023 9:30 Status Conference
5/2/2023 10:31 Trial - Jury selection

5/3/2023 10:31 Trial - Jury selection

5/11/2023 10:31 Trial

5/15/2023 10:31 Trial

5/16/2023 10:31 Trial

5/17/2023 10:31 Trial

5/18/2023 10:31 Trial

5/22/2023 10:31 Trial

5/23/2023 10:31 Trial

5/24/2023 10:31 Trial

5/25/2023 10:31 Trial

link: Criminal Court Case Information - Case History
Click to expand...

Thank you for always keeping us updated!!
 
just a docket update.


Case Documents
Filing Date Description Docket Date Filing Party
4/17/2023 REC - Receipt - Party (001) 4/18/2023
NOTE: PUBLIC DEFENDER

4/12/2023 REC - Receipt - Party (001) 4/13/2023
NOTE: COUNTY ATTORNEY

4/11/2023 AIX - Appeals Index - Party (001) 4/12/2023
NOTE: (AMENDED) ELECTRONIC INDEX OF RECORD

4/11/2023 CAR - Court Of Appeals Receipt - Party (001) 4/12/2023
NOTE: C2C TRANSMISSION RECEIPT

4/10/2023 083 - ME: Conference Reset/Cont - Party (001) 4/10/2023

3/31/2023 MEM - Memorandum - Party (001) 4/3/2023

3/23/2023 MOT - Motion - Party (001) 3/27/2023
NOTE: MOTION TO RESET STATUS CONFERENCE

3/6/2023 REC - Receipt - Party (001) 3/7/2023
NOTE: COUNTY ATTORNEY

2/27/2023 REC - Receipt - Party (001) 2/28/2023
NOTE: PUBLIC DEFENDER


Case Calendar
Date Time Event
5/2/2023 9:30 Status Conference

5/2/2023 10:31 Trial - Jury selection

5/3/2023 10:31 Trial - Jury selection

5/11/2023 10:31 Trial begins

5/15/2023 10:31 Trial

5/16/2023 10:31 Trial

5/17/2023 10:31 Trial

5/18/2023 10:31 Trial

5/22/2023 10:31 Trial

5/23/2023 10:31 Trial

5/24/2023 10:31 Trial

5/25/2023 10:31 Trial


link: Criminal Court Case Information - Case History
 
Tuesday, May 2nd:
*Status Conference Hearing (@ 9:30am) & Jury Selection set to begin (@ 10:30am PT) - AZ - Allison M. Feldman (31) (Feb. 17, 2015, Scottsdale) - *Ian L. Mitcham (39 @ time of crime/42/now 47) indicted (4/11/18) & arraigned & charged (4/30/18) on 1st degree premeditated murder, 2nd degree burglary & 2nd degree sexual assault. Plead not guilty. $5M cash bond.
DNA matched with familial match in CODIS.
Trial was set to begin on 3/29/23 with jury selection was rescheduled on 5/2/23. Trial begins on 5/11/23. (thru 5/25) Most weeks Mondays thru Thursdays for trial.
Jury selection: 5/2, 5/3 & Trial begins on 5/11, 5/15, 5/16, 5/17, 5/18, 5/22, 5/23, 5/24 & 5/25/23.
Court hearings from 6/28/18 thru 3/23/23 reference post #586 here:
https://www.websleuths.com/forums/t...cottsdale-18-feb-2015-4-arrest.305356/page-30
Found new article: 1/27/23 Update: Allison was murdered in 2015 & three years after her murder, authorities arrested Mitcham in connection with the case. Now, a judge ruled that a DNA sample in the case came as a result of a vial of blood collected from Mitcham in an unrelated 2015 case & should not have been made available for testing. The judge in Maricopa County has thrown out the DNA sample that led to the arrest. Mitcham's blood, according to the ruling issued by Judge Roy C. Whitehead, was reportedly on file from a DUI arrest made by Scottsdale Police in 2015. Mitcham, according to the ruling, signed a DUI Blood/Urine Results Destruction Notice, which stated that the second vial of blood would be destroyed after 90 days if a request for testing was not made. "Defendant’s blood, however, was never destroyed. Instead, Scottsdale Police retained custody of the vials until late 2017, when Defendant became a suspect in the 2015 killing & sexual assault of Allison," read a portion of the ruling. "A subsequent analysis of the blood vials generated a DNA profile that matched the profile found at the scene of the crime. Police later obtained a search warrant to collect a buccal swap from Defendant & the evidence collected pursuant to that warrant matched as well." In his ruling, the judge ruled that the extraction of the DNA profile, along with the DNA analysis & the DNA swabs collected from Mitchem are all suppressed as evidence, with the DNA analysis & DNA swabs being deemed as collected due to improper DNA extraction. Prosecutors will reportedly appeal the ruling. 2/21/23: Prosecutors appeal Judge Roy C. Whitehead’s ruling.
2/27/23: Public defender receipt. 3/6/23: County attorney receipt. 3/23/23: Motion to reset status conference hearing. 3/29/23 Wednesday, Jury Selection Day 1: was cancelled. Status conference hearing on 5/2/23 @ 9:30am & jury selection starting at 10:30am & on 5/3/23. Trial will begin on 5/11 to 5/25/23.
4/10/23: Motion-conference reset-continued-granted. 4/11/23: Court of Appeals receipt: C2C transmission receipt. Appeals Index-amended electronic index of record. 4/12/23: County attorney receipt. 4/17/23: Public defender receipt.
 
I am thinking his trial has been continued... again...


Case Calendar
Date Time Event
5/2/2023 9:30 Status Conference
5/2/2023 10:31 Trial
5/3/2023 10:31 Trial
5/11/2023 10:31 Trial
5/15/2023 10:31 Trial
5/16/2023 10:31 Trial
5/17/2023 10:31 Trial
5/18/2023 10:31 Trial
5/22/2023 10:31 Trial
5/23/2023 10:31 Trial
5/24/2023 10:31 Trial
5/25/2023 10:31 Trial

7/6/2023 9:00 Complex / Capital Case

link: Criminal Court Case Information - Case History
 
www.azfamily.com

Court determining if crucial evidence will be used in 2015 Scottsdale murder trial

There’s no word on how long it will take for the appeals court to decide, but their ruling may be challenged in the state Supreme Court.
www.azfamily.com www.azfamily.com

This week, the state argued Mitcham’s DNA would have eventually been obtained after he was charged in a separate DUI in 2022, and his DNA would have been in the system. But, the defense argued police needed a separate search warrant because Mitcham only agreed to the original blood draw for the DUI arrest. Using it for anything else violates his 4th Amendment, officials say.

There’s no word on how long it will take for the appeals court to decide, but their ruling may be challenged in the state Supreme Court. If challenged, it could be even longer before the criminal trial occurs.
 
JerseyGirl said:
www.azfamily.com

Court determining if crucial evidence will be used in 2015 Scottsdale murder trial

There’s no word on how long it will take for the appeals court to decide, but their ruling may be challenged in the state Supreme Court.
www.azfamily.com www.azfamily.com

This week, the state argued Mitcham’s DNA would have eventually been obtained after he was charged in a separate DUI in 2022, and his DNA would have been in the system. But, the defense argued police needed a separate search warrant because Mitcham only agreed to the original blood draw for the DUI arrest. Using it for anything else violates his 4th Amendment, officials say.

There’s no word on how long it will take for the appeals court to decide, but their ruling may be challenged in the state Supreme Court. If challenged, it could be even longer before the criminal trial occurs.
Click to expand...

All of these BS delays just keep re-victimizing her family! So frustrating.
 
Thursday, July 6th:
*Complex/Capital Case Hearing (@ 9am PT) - AZ - Allison M. Feldman (31) (Feb. 17, 2015, Scottsdale) - *Ian L. Mitcham (39 @ time of crime/42/now 47) indicted (4/11/18) & arraigned & charged (4/30/18) on 1st degree premeditated murder, 2nd degree burglary & 2nd degree sexual assault. Plead not guilty. $5M cash bond.
DNA matched with familial match in CODIS.
Trial was set to begin on 5/11/23 was continued with no further dates.
Court hearings from 6/28/18 thru 4/17/23 reference post #593 here:
https://www.websleuths.com/forums/t...cottsdale-18-feb-2015-4-arrest.305356/page-30
5/2/23 Update: Jury selection & trial were cancelled. Defense has challenged the DNA begin taken. The State argued Mitcham’s DNA would have eventually been obtained after he was charged in a separate DUI in 2022 & his DNA would have been in the system. But, the defense argued police needed a separate search warrant because Mitcham only agreed to the original blood draw for the DUI arrest. Using it for anything else violates his 4th Amendment, officials say. There’s no word on how long it will take for the appeals court to decide, but their ruling may be challenged in the State Supreme Court. If challenged, it could be even longer before the criminal trial occurs.Next Complex/Capital case hearing on 7/6/23 @ 9am.
 
Case Documents
Filing Date Description Docket Date Filing Party
7/7/2023 083 - ME: Conference Reset/Cont - Party (001) 7/7/2023

5/3/2023 029 - ME: Status Conference - Party (001) 5/3/2023

5/1/2023 REP - Report - Party (001) 5/5/2023
NOTE: CAPITAL CASE MANAGEMENT REPORT FOR May 1, 2023


Case Calendar
Date Time Event
7/6/2023 9:00 Complex / Capital Case

8/7/2023 9:45 Complex / Capital Case

link: Criminal Court Case Information - Case History
 
Monday, August 7th:
*Complex/Capital Case Hearing (@ 9:45am PT) - AZ - Allison M. Feldman (31) (Feb. 17, 2015, Scottsdale) - *Ian L. Mitcham (39 @ time of crime/42/now 47) indicted (4/11/18) & arraigned & charged (4/30/18) on 1st degree premeditated murder, 2nd degree burglary & 2nd degree sexual assault. Plead not guilty. $5M cash bond.
DNA matched with familial match in CODIS.
Trial was set to begin on 5/11/23 was continued with no further dates.
Court case info from 6/28/18 thru 4/17/23 reference post #593 here:
https://www.websleuths.com/forums/t...cottsdale-18-feb-2015-4-arrest.305356/page-30
5/2/23 Update: Jury selection & trial were cancelled. Defense has challenged the DNA begin taken. The State argued Mitcham’s DNA would have eventually been obtained after he was charged in a separate DUI in 2022 & his DNA would have been in the system. But, the defense argued police needed a separate search warrant because Mitcham only agreed to the original blood draw for the DUI arrest. Using it for anything else violates his 4th Amendment, officials say. There’s no word on how long it will take for the appeals court to decide, but their ruling may be challenged in the State Supreme Court. If challenged, it could be even longer before the criminal trial occurs.Next Complex/Capital case hearing on 7/6/23 @ 9am.
7/6/23 Update: Complex/Capital case hearing reset for 8/7/23 @ 9:45am.
 
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