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Wednesday, May 16, 2001

Ohio court weighs jurisdiction in '63 beating death of teen girl




By Travis James Tritten
Enquirer Columbus Bureau

        COLUMBUS — The Ohio Supreme Court heard arguments Tuesday about whether a 53-year-old Springfield Township man should be tried as a juvenile for a slaying nearly four decades old.

        The court is expected to decide if the adult or juvenile court system should have jurisdiction over the case of Michael Wehrung, who is accused of killing his girlfriend when he was 15.

Wehrung
Wehrung
        Mr. Wehrung has pleaded not guilty to the 1963 beating death of girlfriend Patty Rebholz, who was also 15 years old. He was a suspect at the time but was not charged until last year.

        Attorneys for Mr. Wehrung are asking the Supreme Court to overturn a decision by Hamilton County Common Pleas Judge Patrick Dinkelacker that the case be heard in adult court.

        If convicted in adult court, Mr. Wehrung could face life in prison. If convicted in juvenile court, Mr. Wehrung would face a lesser punishment, the court said.

        “The range of penalty options would be significantly less” in juvenile court, said Justice Paul E. Pfeifer.

        Prosecutors argue that Mr. Wehrung should be tried as an adult because of his age when he was charged.

        “The juvenile court system is focused on taking those who are not able to take care of themselves and put them into a system whereby they can be rehabilitated. That same rationale does not apply once an individual is 53 years old,” said Carl J. Stich, chief assistant prosecuting attorney for Hamilton County.

        Mr. Wehrung's attorneys claim it would be unconstitutional for him to be tried in adult court.

        “You don't allow someone to sit through a trial with a judge that does not have jurisdiction,” said Earle Jay Maiman, defense attorney.

        His attorneys maintain that because Mr. Wehrung was 15 years old at the time of the killing he should be tried in juvenile court.

        Police questioned Mr. Wehrung on several occasions after the slaying but he was never charged as a juvenile.

        Mr. Wehrung was indicted after prosecutors reviewed DNA evidence and taped police interviews.

        Prosecutors say Mr. Wehrung bludgeoned Ms. Rebholz to death with a fence post in Greenhills after leaving a teen dance because she had planned to break off a relationship with him.

        The court is expected to reach a decision in three to six months.

       



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