PORTLAND, Maine (AP) Lawyers for a man convicted in a 38-year-old slaying want the Maine supreme court to throw out the conviction.

An attorney for Philip Scott Fournier said Wednesday the judge erred by excluding evidence of an alternative suspect, allowing Fournier’s statements to a pastor, and excluding testimony about why detectives didn’t arrest him when they first interviewed him.

Fournier was convicted and sentenced this year to 45 years for the killing 16-year-old Joyce McLain in East Millinocket. McLain disappeared while jogging in 1980, and her body was found two days later.

There was no physical evidence, including no DNA or fingerprints tying Fournier to the crime scene, but prosecutors say he confessed numerous times. Fournier’s attorneys say his memories were unreliable due to a brain injury.