Saying it would be impossible for James R. Cruz to have a fair trial in Centre County, First Assistant Public Defender Deborah Lux requested a change of venue or venire at a pretrial hearing yesterday.

Cruz, 36, of New Waterford, Ohio, is accused of kidnapping 17-year-old Dawn Marie Birnbaum, raping and killing her and then dumping her body in a snowbank near state Route 26 in Spring Township.

A change of venue would allow the case to be tried in a different county, and a change of venire would allow jurors to be brought in from another county.

Lux said Cruz's prior criminal record -- including speculation that he could be linked to a series of killings -- has circulated throughout local newspapers, television news programs and radio broadcasts, resulting in a prejudiced jury pool.

"To try Mr. Cruz in Centre County would not give him the right to a fair trial," Lux said. In order to select jurors, the county looks at driver's license records and voter registration, she said. About 60,300 Centre County residents -- including students -- are registered to vote.

Because of the nature of the case and its publicity, Lux said a change of venue would be necessary for Cruz to get a fair trial in Centre County. She submitted articles and scripts from local news media, noting that the Centre Daily Times named Cruz's arrest the top local news event of 1993.

Rockview State Police Trooper William Madden also testified that he discussed publicized information on the case with about 100 students in criminal justice classes.

But Centre County District Attorney Ray Gricar said because the case is about two months away, he doesn't see the need for a change of venue or venire. In the next few weeks, Lux will file her briefs for the judge to review, Gricar said, adding that he will file his briefs after Lux.

Lux also called for a gag order to be placed on "all parties involved" in order to limit case discussion. Gricar objected and the motion was overruled. Jury selection is scheduled to begin March 14, followed by a trial.

Lux asked the court to suppress evidence, including the search warrant for Cruz's blood and hair, as well as an interview conducted by Madden and State College FBI Agent Randy Cohick prior to Cruz's arrest.

Cohick said he did not force Cruz to speak to him but asked if he could question him at Century Industries, the trucking company where Cruz was employed at the time. He said Cruz was calm, cooperative and did not resist answering questions about the case.

After the interview, Cohick, Madden and FBI Agent Gordon Johnson of Youngstown, Ohio, took Cruz to a local hospital for blood samples, Cohick said. He added that because Cruz was not taken into custody, he was allowed to walk around "at his own free will" and was not read his rights.