Attorneys for a 53-year-old man accused of killing his high school girlfriend in 1963 want the public excluded when a former reporter is questioned about what the suspect told him concerning the death.

        Michael Wehrung's attorneys fear that former reporter Tom Schell's testimony could sway public sentiment in the case.

Wehrung

        In documents filed Wednesday in Hamilton County Common Pleas Court, Mr. Wehrung's attor neys say Prosecutor Mike Allen wants to use a deposition by Mr. Schell to bring out evidence that should only be presented during Mr. Wehrung's trial.

        Messages seeking comment were left at Mr. Allen's office Friday.

        Prosecutors have said they need to take Mr. Schell's deposition now because of his health problems. They fear that the delay in the case caused by Mr. Wehrung's appeal to Ohio's Supreme Court may prevent Mr. Schell's testimony from being heard. Mr. Schell's deposition is set for Nov. 28.

        The case is likely to go to the Supreme Court to determine whether Mr. Wehrung should be tried as a juvenile or an adult.

        Mr. Wehrung, 53, thinks he should be tried as a juvenile because he was 15 at the time of Patricia Ann Rebholz's slaying.

        Prosecutors argue that an Ohio law that went into effect in 1997 allows the state to try Mr. Wehrung as an adult because he was not arrested as a juvenile.

        If Mr. Wehrung were tried in Juvenile Court, he could escape punishment because Ohio law does not allow the state to confine juveniles after their 21st birthday.

        If he is convicted as an adult of second-degree murder, Mr. Wehrung could be sentenced to 10 years to life in prison.

        The body of Ms. Rebholz, 15, was found next to a bloody fence post in a field across from Mr. Wehrung's home in August 1963. Mr. Wehrung was not indicted until May of this year. He is charged with second-degree murder.

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