On Tuesday, jurors in the homicide trial of Jere Bagenstose heard from Tom Whittington, the man Maryann Bagenstose was having an affair with at the time of her disappearance 40 years ago.Whittington was on the stand for hours.He answered many questions about his time spent living at the Bagenstose's home on West Willow Street, his relationship with Maryann and what happened after her disappearance. No question more blunt than when Lancaster County Assistant District Attorney Mark Fetterman asked Whittington if he killed Maryann. "No," Whittington answered. Whittington said he moved out of the Bagenstose's home in April of 1984, about two months before Maryann went missing. The defense questioned the move-out, asking Whittington if it had anything to do with him 'getting in trouble' for growing marijuana in the backyard. Whittington told the jury he moved back in with his parents after the couple received legal advice during Maryann's custody battle.Whittington said they still continued dating, until June 4th, the day before she disappeared. He said that's when he told Maryann they should cool things off until she gets a divorce, or settles the custody battle.Whittington said he believes he saw Maryann one more time that day, but she left after seeing him talking to another woman. Bagenstose's attorney, Samuel Encarnacion, then asked a series of questions about jealousy. He followed up with asking Whittington about his whereabouts the next day when Maryann went missing. Whittington testified that he was at his parents the morning of June 5th. Defense attorneys showed him a police report from after the disappearance that said he was at a friend's house in the morning; then he went to work on a car in the afternoon. They also referred Whittington to his testimony during the cases preliminary hearing when he said he went to work that day.Whittington said something to the effect of "it's hard to remember things from many years ago."Whittington said he remembered seeing something in the newspaper about Maryann's disappearance and how police were looking for a person of interest in a pickup truck. He said he called police because he drove a pickup.Encarnacion also referred to prior statements Whittington made about him seeing Maryann walk to the store before.Prosecutors redirected these comments, clarifying, Whittington said he never saw Maryann walk to Turkey Hill, but rather a smaller corner store closer to the house. Jere Bagenstose told investigators Maryann walked to Turkey Hill before she disappeared. Two former daycare workers from Ms. Hermans on Lemon Street also testified on Tuesday.Jeremy Bagenstose, Maryann and Jere's son, was 2 years old when he would attend Ms. Hermans daycare.Both former emp0loyees individually took the stand and referenced the last conversation they ever had with Maryann back in 1984. When asked about the conversation, one former daycare employee said Maryann told her, “Jere and I are having a custody battle over Jeremy. If I don’t come back to pick him up, Jeremy, Jere killed me.”The other former worker told jurors Maryann said, "She filed for custody of Jeremy, and if anything happens, Jere did it."During cross examination, the defense referred to a police report filed by Trooper Richard Johnson, the retired PSP Trooper and lead investigator of this case for the first 5 years. When reading the report, the former employee audibly gasped and said what is in Trooper Johnson's report is not true. Johnson's report was read aloud, it said she said, Maryann told her "he would get him one way or another," this is in reference to Jere getting Jeremy.
LANCASTER, Pa. —
On Tuesday, jurors in the homicide trial of Jere Bagenstose heard from Tom Whittington, the man Maryann Bagenstose was having an affair with at the time of her disappearance 40 years ago.
Whittington was on the stand for hours.
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He answered many questions about his time spent living at the Bagenstose's home on West Willow Street, his relationship with Maryann and what happened after her disappearance.
No question more blunt than when Lancaster County Assistant District Attorney Mark Fetterman asked Whittington if he killed Maryann.
"No," Whittington answered.
Whittington said he moved out of the Bagenstose's home in April of 1984, about two months before Maryann went missing.
The defense questioned the move-out, asking Whittington if it had anything to do with him 'getting in trouble' for growing marijuana in the backyard.
Whittington told the jury he moved back in with his parents after the couple received legal advice during Maryann's custody battle.
Whittington said they still continued dating, until June 4th, the day before she disappeared. He said that's when he told Maryann they should cool things off until she gets a divorce, or settles the custody battle.
Whittington said he believes he saw Maryann one more time that day, but she left after seeing him talking to another woman.
Bagenstose's attorney, Samuel Encarnacion, then asked a series of questions about jealousy. He followed up with asking Whittington about his whereabouts the next day when Maryann went missing.
Whittington testified that he was at his parents the morning of June 5th.
Defense attorneys showed him a police report from after the disappearance that said he was at a friend's house in the morning; then he went to work on a car in the afternoon. They also referred Whittington to his testimony during the cases preliminary hearing when he said he went to work that day.
Whittington said something to the effect of "it's hard to remember things from many years ago."
Whittington said he remembered seeing something in the newspaper about Maryann's disappearance and how police were looking for a person of interest in a pickup truck. He said he called police because he drove a pickup.
Encarnacion also referred to prior statements Whittington made about him seeing Maryann walk to the store before.
Prosecutors redirected these comments, clarifying, Whittington said he never saw Maryann walk to Turkey Hill, but rather a smaller corner store closer to the house.
Jere Bagenstose told investigators Maryann walked to Turkey Hill before she disappeared.
Two former daycare workers from Ms. Hermans on Lemon Street also testified on Tuesday.
Jeremy Bagenstose, Maryann and Jere's son, was 2 years old when he would attend Ms. Hermans daycare.
Both former emp0loyees individually took the stand and referenced the last conversation they ever had with Maryann back in 1984.
When asked about the conversation, one former daycare employee said Maryann told her, “Jere and I are having a custody battle over Jeremy. If I don’t come back to pick him up, Jeremy, Jere killed me.”
The other former worker told jurors Maryann said, "She filed for custody of Jeremy, and if anything happens, Jere did it."
During cross examination, the defense referred to a police report filed by Trooper Richard Johnson, the retired PSP Trooper and lead investigator of this case for the first 5 years.
When reading the report, the former employee audibly gasped and said what is in Trooper Johnson's report is not true.
Johnson's report was read aloud, it said she said, Maryann told her "he would get him one way or another," this is in reference to Jere getting Jeremy.
