Lancaster County judges recused from Jere Bagenstose homicide trial

A judge from another county will oversee the homicide trial of Jere Bagenstose, who is charged in the presumed death of his wife nearly 40 years ago.

Bagenstose’s attorneys last month asked that all Lancaster County judges be recused in the case because two former county judges might testify at trial and that could present the appearance of a conflict of interest were any current judge to have to rule on their credibility.

On Thursday, Judge Merrill Spahn granted the defense request. The Administrative Office of Pennsylvania Courts, the administrative arm of the state Supreme Court, will appoint a senior judge.

At the time Maryann Bagenstose disappeared, one of the former judges, James Cullen, was an attorney who represented Jere Bagenstose in a custody case with her. Bagenstose’s attorneys contend Cullen violated attorney-client privilege by speaking to a state trooper investigating Maryann’s disappearance. The other former judge, Howard Knisely, had represented Maryann.

Bagenstose, 69, of Pequea Township, was long the main suspect in the presumed death of Maryann. She was last seen June 5, 1984, and her body has never been found. However, it wasn’t until December 2022 that District Attorney Heather Adams announced his arrest on one count of homicide.

At the time of Jere Bagenstose’s arrest, District Attorney Heather Adams said that while there was little new evidence in the case, there have been advances in training and the law regarding no-body homicide investigations since the 1980s.

Bagenstose spent about five months in Lancaster County Prison after his arrest, and he was released May 24 after posting $925,000 cash bail through a bail bond agent.

Being granted bail when charged with first- or second-degree murder in Pennsylvania is extremely rare and has not happened in recent history in the county.

Bagenstose’s trial is scheduled for April 22.

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