A Hamilton County judge will decide within the next two months whether to hear testimony from a key witness in a 37-year-old murder case.

        Prosecutors want the witness, Tom Schell, to testify before the murder trial of Michael Wehrung, who is accused of killing his girlfriend in 1963.

        The move is unusual because most witnesses testify during a trial, not months before.

        Mr. Schell, a former reporter for WCPO-TV (Channel 9), spoke often to Mr. Wehrung in 1963. Both he and prosecutors have refused to say what information he will provide.

        Prosecutors say they want Mr. Schell to testify early because his health and the distance he must travel from his California home may make it difficult for him to attend the trial.

        Common Pleas Judge Patrick Dinkelacker said Tuesday he would allow attorneys on both sides of the case to take a sworn statement from Mr. Schell on Nov. 28.

        Prosecutors want the judge to be present during the statement and have suggested that the court proceeding could be opened to the public. Mr. Wehrung's attorneys, however, have said the statement should not be made public until the trial.

Judge Dinkelacker will decide before Nov. 28 how the statement will be taken.

        Mr. Wehrung, now 53, was 15 when his girlfriend, 15-year-old Patricia Rebholz, was beaten to death while walking to his house after a teen dance in Greenhills.

        Mr. Wehrung's attorneys have said the case belongs in juvenile court because their client was only 15 at the time of Patricia's death. Prosecutors say the case should remain in adult court.

        The trial will not begin until the Ohio Supreme Court decides which court should hear the case.

        In court Tuesday, Mr. Wehrung's attorneys also suggested Judge Dinkelacker should step down from the case.

        They said the judge may have a conflict of interest because county prosecutors will argue on his behalf when the Supreme Court considers whether the judge should keep the case.

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