Wehrung

Rebholz

        A man accused of killing his girlfriend 37 years ago failed again Friday to get his murder trial moved to juvenile court.

        An appeals court ruled that Michael Wehrung should face trial in adult court for the 1963 beating death of his 15-year-old girlfriend, Patricia Rebholz.

        Mr. Wehrung, now 53, contends his case belongs in juvenile court because he was only 15 when Patricia died.

        His attorneys say a trial in adult court is unfair because the possible penalty — up to life in prison — is far more severe than any sentence Mr. Wehrung would have received as a juvenile in 1963.

        But in a 2-1 decision, the Ohio 1st District Court of Appeals decided that a new state law gives the adult court the right to hear the case.

        Mr. Wehrung's attorneys disagree. They filed an appeal Friday with the Ohio Supreme Court, arguing that the new law is unfair.

        Mr. Wehrung is supposed to be back in Common Pleas Court next week so Judge Patrick Dinkelacker can set a date for his trial. But if the Supreme Court agrees to hear the case, the trial could be delayed again.

Wehrung (center), watches investigators at the murder scene. (1963 photo) | ZOOM |

        The appeals court decision is the latest twist in a case that began when Patricia was beaten with a fence post on her way home from a teen dance in Greenhills.

        Her body was found on a vacant lot about one block from Mr. Wehrung's house. He was a suspect in the slaying and was questioned by police, but he was not charged until last year.

        Hamilton County prosecutors sought charges based on the new state law, which allows adult charges in juvenile cases where the suspect was not “arrested or apprehended” until after age 18.

        In the appeals court decision, Judges Lee Hildebrandt Jr. and Ralph Winkler agreed the new law gives jurisdiction in the case to the adult court.

        But Judge Rupert Doan said the new law is unconstitutional in this case because it retroactively imposes penalties that Mr. Wehrung never would have faced in 1963.

        As a juvenile, Mr. Wehrung could be jailed only until age 21.

        “The statutes, as applied to Wehrung, are retroactive laws prohibited by ... the Ohio Constitution,” Judge Doan wrote in his dissenting opinion. “The Common Pleas Court patently and unambiguously lacks jurisdiction to proceed.”

        Prosecutors and defense attorneys would not comment on the appeals court decision.

        But in their appeal to the Supreme Court, Mr. Wehrung's attorneys again declared that Judge Dinkelacker should not be allowed to keep the case.

        Prosecutors, however, want the case to proceed quickly. They asked Judge Dinkelacker on Friday to allow a key witness in the case to testify before the trial.

        The witness, Tom Schell, is a former WCPO-TV (Channel 9) reporter who spoke often to Mr. Wehrung in 1963. Neither Mr. Schell nor prosecutors will discuss his testimony, but it is expected to be crucial to the prosecution's case.

        Judge Dinkelacker will rule on the request and set a new trial date Tuesday.

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