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MORRISON: In July 2003, a year and eight months after their son's, murder, Andrew's friend, filmmaker Kurt Kuenne, who'd been making the, documentary film for Zachary about the father he'd never know, arrived in. Even during his stilted summaries of events, you can sometimes hear Kuenne choking up. After the shooting, according to Kate, Turner called her claiming she was trying to reach Andrew. It's. The reason we go through the lawyers is so that we. Well, you dont have to look far, said Dr. T. Clark Simpson, who worked with Bagby. (Photo of Shirley; Zachary; photo of Shears and Zachary), Mr. SHEARS: There was a conversation one time she had with me and Erica, in, regards to if something ever happened to her and she had to go to jail or. She would never go away. We don't--we don't gush very much. to live with his father in a tiny coastal village hundreds of miles away. At one point, one friend says that if he had one tenth of the people who cared about him half as much as they do about Bagby, he would be happy. Kate and David Bagby traveled to Ottawa last week to speak as witnesses for the bill before the House's Standing Committee on Justice & Human Rights. It wasn't just to monitor the, extradition process. MORRISON: When somebody tells you that your mother may have--was a suspect Mr. SHEARS: No, it has to be a mistake. In November 2002, when, Zachary was four months old, a Canadian judge ruled that a properly instructed, jury would likely find Shirley Turner guilty and ordered her incarceration, while awaiting a decision from justice officials to surrender her to the, United States. The memory of their son and grandson are never far.. The bill, if passed into law later this year, would justify detention in custody for those accused of a serious crime who are a potential danger to their own children under the age of 18. There won't be any question about, whether she can hurt him. KATE: You were always afraid that she was going to find something. flying; Canadian flag flying; Supreme Court of Newfoundland building exterior; photos of Shirley; court document; university building; man talking to, reporters; court documents; Kate and David). MORRISON: When T.J. heard about Andrew's murder Mr. SHEARS: I just figure, `OK, well, he was in America. Zachary, how's our baby today? "There, is no indication of a psychological disorder that would give concern about, potential harm to the public generally as her crime, while violent, was, specific in nature." But a few weeks later, she showed up in Pennsylvania, unexpected, for the wedding of one of his friends. If you were to dream up the perfect set of parents, it would be Kate and David Bagby. Its heartbreaking, said Kate, who recalls last seeing Zachary the evening before he was killed. https://www.saltwire.com//california-couple-want-as-many-/ saltwire.com California couple want as many people as possible to know their story | SaltWire Now that Zachary was starting to walk, he was free to make a beeline to. any problem at all with them spending time with him, unlike my mother, Mr. SHEARS: I guess I just thought, well, they're kind of accusing her of, murder. thoughts, his wife sees something that rocks her to the core. If a suitable candidate is not identified, the award will not be given for that year. -. Mr. SIMPSON: And he said, `I'm going to need to catch up with you, and we're going to have to do some serious talking.' Shirley. with a supervisor, and we had to be searched. Mommy loves you. Mr. KUENNE: He liked playing bad guys a lot. Mr. SIMPSON: You don't need to go out with a woman because you can't think you can do better. (Photo of Kate, Zachary and Shirley; photo of David, Zachary and Shirley; photo of Shirley and Zachary; photos of Zachary with Shirley and Kate), Mr. BAGBY: Our usual policy was just to let her go. Through a complicated series of delayed hearings and granted bails, Turner remained free for many months while the decision regarding her extradition was in process. KATE: I thought, `Well, he's got to get out of this.'. Wait, thats not true, Sophocles came up with it when he wrote Oedipus Rex about a king who unwittingly fulfills a prophecy that foretold he would kill his father and marry his mother, and then pokes out his own eyes because hes in despair and you cant outrun destiny. Kind of panic sets in, I guess, and that's when it all hit the fan, I guess. All rights reserved. She turns to talking of her son and calls him Gods blessing. Mr. BAGBY: Yes. Thought, you know, `Who would want to kill him?'. How the fuck do you live like that? They are warm. February 24, 2009: This is how Kuenne represents his emotion at hearing the news that the woman who killed his friend had also killed his friends son. She was deranged. Please check back for updates as the bill makes its way through the Senate in the coming weeks -- and if you are a Canadian Citizen, please write your Senator to voice your support of C-464 during this crucial time. Every last person who steps foot into a theater to see this will walk away changed. (Supreme Court building; Shirley being escorted from court; photos of Kate and. The first time we had contact with her was over the phone. Someone found a car that didn't belong. David Bagby will be signing copies of Dance with the Devil on Sunday, January 20th, from 3-4 P.M. at Dolly's Bookstore, 510 Main Street, Park City, Utah. KATE: I sat there and bit my lip and cried. This abridged version was prepared personally by Kurt Kuenne in order to comply with CBC Newsworld's time constraints but preserve the film's impact while reaching a wider audience in Canada. Click here for ticket information! Mr. SIMPSON: Things people should know about Andrew, he was never late. I thought if I do that, I go to prison, maybe Kate. This is a huge step forward in the mission Dear Zachary was created to accomplish. But they also contribute to the feeling of watching something urgent and unmediated. Kuenne is able to capture the true nature of love and dedication in a way I have never seen. This is what that fucking bitch didnt know, David Bagby fumes towards the end of Dear Zachary. His goal at first was simply to collect memories and tributes from people who were close to Bagby. I kind of. KATE: I knew exactly what my son looked at before he died. The good life started in earnest when Kate first laid eyes on Petty Officer David Bagby, who was serving on the USS Hornet, docked in Long Beach in 1967. The Bagbys prove it is possible for a woman to kill your child and for you to forge a civil relationship with that woman in order to protect another. How do you represent the fact that when you see a crime coming from a mile away you still cant do anything to stop it? And so, on August 18, 2003, Shirley Jane Turner kills Zachary. It's great. I said, `When do you think you'll be done?' If she had her way, we would not have had any visitation at, MORRISON: Coming up, fighting not just to see their grandson, but. However awkward Shirley Turner made it, they were sweet, cooperative. Shirley Turner had walked out to the end, of a pier with tiny Zachary strapped to her body with a sweater, then jumped, into the ocean. While that change felt good, David wanted more. -, "urgent, furiousadmirably well editedthis incredible, well-researched documentary demonstrates the vast gulf one life can leave behind." On Nov. 5, Kate, who is originally from England, pictures Turner sitting on top of a Guy Fawkes bonfire and her family all around it with fireworks. Blood red screen. This couple have endured more grief and pain that most people will endure in a lifetime. Dear Zachary was also a hit at Silverdocs, the AFI/Discovery Channel Documentary Film Festival over the weekend of June 21st & 22nd, where both screenings were once again met with standing ovations; Silverdocs nominated Dear Zachary for its inaugural Writers Guild of America Documentary Screenplay Award. MORRISON: But as Kurt made his way around the globe, his tribute materialized into something far bigger, and much darker, than anyone could have imagined. MORRISON: Shirley, meanwhile, seemed to be preparing for her, extradition, and perhaps she was looking for a way to exclude the Bagbys from. We're thrilled with MP Andrews' initiative and efforts, and support him 100% as he moves this bill forward. report that concluded the child protection system failed Zachary Turner. She has to veer away from the image and instead see him as a living being. I promise within the first five minutes you will be captured by it and you won't be able to tear yourself away. But that is what the Bagbys. One of the first to meet Zachary was, (Photo of Zachary Turner; wedding dance; photo of Shirley and Zachary; photo. Had the case played out in the U.S. court system, they believe Zachary would still be with them. Senior Writer and Project Manager. I'm just curious Ms. TURNER: (Audio recording) Yeah, and I wanted to know for safety. The pair planned to take care of the minutiae of dealing with a lost loved one, fly back to California and kill themselves. KEITH MORRISON reporting: He was everybody's idea of the perfect best man. MORRISON: I never know what to think about these feelings that people get. They held their breath. View Source Suggest Edits Memorial Photos Flowers Maintained by: Tracy Lane 1 suspect was his estranged girlfriend, Shirley Turner, also a medical doctor, who was raised in western Newfoundland and was then practicing in Iowa. KATE: People thought she was delicate, you know, and looked KATE: She couldn't kill. to the house and found a card from a police officer that we knew. Former Production Manager at Mountain Gospel Radio. IE 11 is not supported. Mr. BAGBY: We first got to see him personally in family court. The legal system helped her kill Zachary. They began a drawn-out court battle to protect their grandson from the woman who had almost certainly murdered their son. The psychotic bitch.) The bullets in Bagbys body were of the same type that Turner had used at a shooting range shortly before, in a gun she had recently purchased. He had returned to the US and had discovered a passion for family practice, where his love for people--and theirs for him--seemed as natural, as comfortable as the quiet town in Pennsylvania in which he'd chosen to live. Keith Morrison reports. Six-month-old Zachary was, returned to her. decision. So I gave her the. The tragedy here is that even if you do see it coming, that still doesnt mean you can stop it. In the, tribute documentary their son's best friend Kurt Kuenne was making to someday, give Zachary, the Bagbys' friends recount how difficult it was for David and. helped convince me that she would not hurt Zachary. Such choices make for a disorienting viewing experience, especially if youre accustomed to the conventions of slicker documentaries. They told us that they'd found the body. Mr. SIMPSON: He said, `You'll never guess who showed up on my doorstep at 5:30.' She was coming here to take care of me. (David and Kate; photo of Andrew by tape being put into recording device; Ms. TURNER: (Audio recording) Are you babysitting? GARDNER: (Audio recording) Is this Dr. Turner? Mr. BAGBY: And part of Andrew's problem was, I think, he was just too nice to say, you know, `Get the hell out of my life. I had a son I used, (Photo of young Kate; photo of Kate and David; photo of Kate and Andrew), KATE: And then suddenly you're in the pits, and then you have to learn that, MORRISON: Two weeks after Zachary's murder, the press covered a, Mr. BAGBY: (Press conference) We believe that the legal system helped her to, MORRISON: Charging the child protection authorities dropped the, ball, and that a disastrous bail system allowed a probable first-degree, (Zachary; court document; Shirley and Andrew). T.J. and his girlfriend went to bed. Ensure local journalism stays in your community by purchasing a membership today. iTunes | Amazon Prime Video | Google Play, DEAR ZACHARY ORIGINAL MOTION PICTURE SCORE ALBUM NOW AVAILABLE. It was all incorrect from the beginning, that all this, innocence and everything she's told you was a lie. GARDNER: (Audio recording) Would you be willing to turn the gun into your local police department so they could get it to us to let us look at it? See details above! He said, `Well, it's 4:30 now. The other, their grandson, Zachary Turner. Oh, my God. dropping Shirley and their grandboy off at her son T.J.'s home (Photo of Zachary sleeping in car seat; streets passing), KATE: She said, `Wake up, Zachary and say goodbye to your grandparents.'. I got to put on the record the fact that I would like a much stronger bill, said David. It also took 3rd place in the National Headliner Awards for Best Documentary of 2008, given by the Press Club of Atlantic City. They are the opposite of Shirley Jane Turner. Its hard to imagine a well-crafted rendition being as powerful.). And he'd be like(turns. -Drafted and finalized press releases, articles, annual reports, websites, earnings releases and investor . On December 4, 2009, Bill C-464 (our bail reform bill) was discussed on the floor of the House of Commons for a full hour, and MP Scott Andrews received unanimous support from all political parties in the House of Commons to advance the bill to the Standing Committee on Justice & Human Rights. KATE: I had a great childhood. . Only Kate and David, MORRISON: Perhaps the most irksome part of the deal with Shirley. David and Kate Bagby must have been saints to have had to tolerate personal dealings with their only child's murderess,and basically have to groval to her to even see their precious only-ever grandchild.Yet,they did whatever they could for the sake of Zachary.Most people (myself included) would have made away with Shirley Turner the first chance This movie is the kind of nightmare no one could dream up. How else do you represent almost virtually the same crime happening back to back despite the hindsight in between? Our 100 journalists strive to inform and improve our East Coast communities by delivering impartial, high-impact, local journalism that provokes thought and action. Still grieving the death of their son, the Bagbys moved to Newfoundland and fought for custody of Zachary. The private member's bill was introduced by MP Scott Andrews of Newfoundland last fall after he saw "Dear Zachary" at a March 2009 screening in Ottawa and decided to do something about what he saw. GARDNER: (Audio recording) I have to tell you that Andrew is dead. American authorities asked Canadian, authorities to send her back to the US, which would require an extradition, hearing. How do you represent anguish of that magnitude without turning it into a Greek tragedy? Welcome back toCold Comforts, a recurring column in which Soraya Roberts writes about the grim, harrowing, and downright bizarre movies and television shows that she nevertheless cant stop watching, over and over again. -, "Demonstrates independent film at its finest." MORRISON: Kurt and Andrew grew up together in Northern California, where the fledgling director gave Andrew starring roles in some of his earliest ventures. They could check cell towers then, but only manually. But their efforts to. MORRISON: Andrew was the only child of software engineer David Bagby and his wife, Kate, a nurse practitioner. After Zacharys death, the Bagbys began a quest to have Canadas bail laws changed. Andrew, despite his obvious abilities, was turned down by every medical school in the country. If I, just kill her, Zachary will be safe. Unidentified Man #25: I love them very much. And that's when it all hit the fan, I guess. Cpl. Mommy misses you. I dont know how else to say it except they are grown-ups: they are funny, but serious; playful, but organized. Bagbys wondered if there might ever be an extradition hearing. March 18, 2008: KATE: And she went over in the corner crying, and I gave him back. The Bagbys attended the hearing, of course, and, could not quite believe their ears when they heard the judge's ruling. Both screenings received sustained standing ovations, and the Toronto audience applauded yet again when director Kurt Kuenne announced that he had sent letters to every member of Parliament requesting the opportunity to screen the film for them. ', Mr. SHEARS: Things happen in America that don't seem to happen up here as. This was the situation with Andrews son Zachary. Mr. BAGBY: She told the court she was afraid we would harm the baby. At least he might have asleep when she went in. An autopsy report would show that an anti-anxiety drug, prescribed by the very psychiatrist who put up Shirley's bail money had been, mixed into Zachary's formula. in honor of his beloved friend Andrew, and then for Andrew's son, Zachary. (A number of his male friends say that they asked, or would have asked, him to be their best man.) You are born, you grow up, you make friends, you get a job, a partner, a house, maybe a car, maybe a kid, maybe more. They still have friends in the province, people Kate said they wouldnt have survived without. There won't be any question about whether she can hurt, MORRISON: Coming up, as David Bagby wrestles with these terrible. October 22, 2009: KATE: So this man said to me, `Do you know that Shirley Turner's pregnant with your son's child? Why would she say that if he wasn't? The news and opinions youll love for only $10 for 1 year. -, "This documentary will rip out your heart and leave you in the snow without a sweater. Is it OK? CONTRIBUTED BY DAVID AND KATE BAGBY Sixteen years have passed but for the Bagbys the story of the deaths of their only son and grandson resurfaces all the time. But he was accepted here, St. John's, Newfoundland, the easternmost point in North America. It would be kind of upsetting, I guess, to let your son spend time. December 4, 2008: Andrew, of all people, seemed to have no enemies at all. A 10th Anniversary Collector's Edition Blu-Ray and DVD with special artwork and packaging is available only from Oscilloscope Laboratories at the link below. I lay in--laid there in bed a couple of times and thought, If I just kill her, Zachary will be safe. And Turner had said he was a, MORRISON: But there were some caveats. Bill C-464 was introduced in the House of Commons on October 22, 2009, passed the House of Commons unanimously on March 22nd of this year and passed the Senate of Canada last Thursday, December 9th, where it was sponsored by Senator Tommy Banks of Alberta. Sometimes, if you are paying attentionclose attentionyou can see it coming, even if only barely. Turner, the daughter of a U.S. serviceman and a woman from St. Anthony, met Andrew while they were attending medical school at Memorial University in St. Johns. He was such a good baby. Dear Zachary had its Canadian premiere at the Hot Docs International Documentary Film Festival in Toronto, where it was welcomed by a line down the street and around the block to get in. Because this is where you need it. David Bagby David Russell Bagby, 64, of Statesville, passed away Wednesday, Jan. 5, 2022. When police interviewed the hospital staff Mr. SIMPSON: I said, `Well, you don't have to look far.' The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Cond Nast. I have to tell you that Andrew is dead. Ms. TURNER: (Audio recording) Are you sure? Mr. KUENNE: I vowed to collect every memory for you before they, MORRISON: As for Andrew's parents, David and Kate, they were, (Graduation photo of Andrew, Kate and David; Shirley with child). Memorial University Medical School. What a flaky person. Dance with the Devil is David Bagby's . MORRISON: Winter is capricious in Newfoundland; repeatedly, spring is briefly offered and then taken back again. Dear Zachary is now available on DVD! Turner - the son of Andrew Bagby whom she gave birth to after Bagby's death. So we called, and he came over and told us that Zachary and Shirley were. MORRISON: How did you find out what happened, how he had been killed?
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