Mr. BAGBY: She just kept coming back, and coming back and coming back. The Bagbys still hold a bitterness when they talk about how they were failed by a legal system that let Turner out on bail and allowed her to retain custody of Zachary. Only Kate and David, MORRISON: Perhaps the most irksome part of the deal with Shirley. I am a young director, producer, stage manager, communicator, and creative organizer for theatre and multimedia artistic endeavors. It's pretty easy to analyze what the, options are. will not hurt Zachary, period. 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: Zachary fell asleep in his car seat. 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. Mommy loves you. This film wasn't made to win awards, or, for that matter, even be criticized. I said, `This woman was in town. You can reach out to David Bagby-cantu via phone number 915-383-8358. "One of the best documentaries I have ever seen in my entire life a film that will rock you to your core. Mr. DAVID BAGBY: I threw the phone at the desk, and I jumped up and just screamed, `No! to let out hints that Shirley Turner was the prime suspect. (Newfoundland; Shears driving; photo of Shirley and Zachary; water at night; Mr. SHEARS: She said Zachary was being fussy and that just driving him, around would calm him down. especially long work day and dropped himself in front of the television. I can understand that. Except this story is worse. So he came straight for me. MORRISON: You're in turmoil at that point. (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. Woman #9: to make that journey was awful. 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. 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. Because this is where you need it. And you just bought the gun, right? Instead, the film's dramatic nodes are scenes such as the one in which Bagby's parents, David and Kate, recall going to identify their son's body. Mr. SHEARS: Yeah, I guess it did at the time, but I still didn't have, MORRISON: How difficult must it have been to ingratiate, themselves with their son's suspected killer? Dear Zachary was the most honored film at Cinequest 18 in San Jose, receiving sustained standing ovations from packed houses at all 3 screenings and winning 2 awards - a Special Jury Award for Documentary Feature and the Audience Award. And not just because its real. But the tributes Kuenne collected remain the spine of the movie, alternating throughout with exposition of the murder and its aftermath. I'm absolutely sure. They recorded them. KATE: I sat there and bit my lip and cried. Some of, those frames even at the dollar stores will say--there'll be little sayings on, Ms. TURNER: (Audio recording) if you want to say `Mommy and Daddy' on a. frame and stick a picture of me and Andrew in it, I don't know. MORRISON: What was it like to hear that she was going to get out of prison? MORRISON: Life for Andrew Bagby was good. MORRISON: What did you think when you heard that? Andrew Bagby, a gregarious family-practice resident at Latrobe, was found shot to death on Nov. 5, 2001, in Keystone State Park. (A huge thanks to the folks at Different by Design in Los Angeles, CA and Anarchy Post in Glendale, CA for making this possible and affordable.). All rights reserved, Click here for information on becoming a member. We. Any reference to Turner as a flight risk, for instance, is accompanied by birdsong and pictures of flying pigeons. Cpl. 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). Mr. and Mrs. David Bagby will be notified of the award, and may request background information on the recipient to facilitate any contact between the recipient and the Bagbys. Kuenne finished his documentary and dedicated it to the memories of both Bagby and Zachary. Serious crime is rare in this country. I mean, we would never, disagree with her or fight with her about anything unless there was real. And the comfort they personify can be found in the fact that even in the face of Shirley Jane Turner, they not only continue, they remain good while continuing. (Photos of David and Kate with Zachary; Shirley being escorted from court). 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. ', KATE: He's so loved. A huge chunk of the remainder of Dear Zachary is the Canadian justice system treating the Bagbys like common criminals while the actual criminal is given a breathtaking amount of freedom. (Shears; photo of Shirley, Zachary and Shears; Shears walking), Mr. SHEARS: Suddenly everything rushes into you, and you realize that she, did murder Andrew. Andrew, of all people, seemed to have no enemies at all. And we came back. MORRISON: Was it reasonable for the court to trust her? She has to veer away from the image and instead see him as a living being. MORRISON: But was that what you assumed had happened? Play trailer 2:39. The committee passed the bill unanimously, which is how it came to be heard in the House for a final vote this week. ', MORRISON: But they'd have to wait almost a month. It's great. GARDNER: (Audio recording) I'm not going to kid you, Doctor. 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. prayed that his murderer, whoever it was, would be swiftly brought to justice. And tears are dropping on him, of course, and Kate went to wipe one of those away off his cheek, and a plug came out, where hed been shot in the left cheek. He couldve introduced his friends death any way he wanted, and he went with this, with a kid who can barely pronounce the word killed asking why one of daddys friends has ended up that way. But two months later, that would change, after Shirley appealed, again to be released on bail. You can, just--there's nothing. Mr. BAGBY: She told the court she was afraid we would harm the baby. Shirley, held his birthday party at McDonald's. We would've done handstands and cartwheels to. Mr. BAGBY: We first got to see him personally in family court. -, "When this haunting, shattering film made its premiere at Park City's Slamdance Film Festival, it received the most sustained ovation of any film I saw this year in Park City. Mr. BAGBY: Oh, this ranks right up there. I'm tired of this. One contains the remains of their son, Dr. Andrew Bagby. I had two sisters already, so a brother, because now I'd have somebody that I can teach about hockey and, (Shears and Zachary; photo of Shears and Zachary). Unidentified Man #22: We will develop policy specific to children. would now have to be something else, a visual letter to Andrew's baby. Shirley. Do you understand? 2015 - 2020. MORRISON: After you found out about Andrew's death, the impulse just ended. Around 11:30 PM Shirley came downstairs, asking to borrow T.J.'s car. KATE: You were always afraid that she was going to find something. He said, `What can happen?'. MORRISON: A couple of hours later, there was another knock at the, Mr. BAGBY: Told us what happened. Now that Zachary was starting to walk, he was free to make a beeline to. You dont leave it behind. Imagine it. And we, would have agreed to anything. MORRISON: Must have seemed like the enemy was in the camp. Dear Zachary was a hit at Slamdance! Mr. SHEARS: When we woke up in the morning, realized they weren't there. (David; Kate and Zachary; Shirley and Zachary). They are selfless. murderer in check. I think they just poured all of their love and, MORRISON: A week after Kurt's visit, Zachary turned one. And then, November 2001, Andrew Bagby was shot dead in a state park not far from the hospital in which the young doctor was a resident, and his devoted parents all but lost the will to live. Dear Zachary: A Letter to a Son About His Father sounds like the kind of movie I would never want to see, which is why it took me so long to actually see it. Bagby, that man about whom no one had a bad word, was left lying face down in a Pennsylvania state park with five bullets in him. This is the first example in this story of someone seeing something bad coming but not being able to stop it. Mr. BAGBY: (Audio recording) Just got up. helped convince me that she would not hurt Zachary. They quit their jobs and moved from California to Newfoundland. October 22, 2009: Cpl. Because she didnt know love either. We're churning. 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. The only thing about his life that didn't make sense to some friends and family was his relationship with that doctor from Newfoundland, the one he'd started dating when going to medical school there. How dreadful the knowledge of the truth can be, wrote Sophocles, when theres no help in truth.. David Bagby David Russell Bagby, 64, of Statesville, passed away Wednesday, Jan. 5, 2022. Blu-ray: A security guard reported hearing a. Mr. SHEARS: When we woke up in the morning, realized they weren't there. Not too long ago? Ms. TURNER: (Audio recording) That you aren't trying to take my place. On Monday, March 22, 2010, the House of Commons in Ottawa unanimously passed Bill C-464 - An Act to Amend the Criminal Code (justification for detention in custody). David Bagby's book, Dance With the Devil, is a good read. You will laugh, you will smile, you will cry, and you might even want to stand up and shout at the screen. That gave her a chance to do something useful for some people who needed it, said David. Please consider joining us in this mission by becoming a member of the SaltWire Network and helping to make our communities better. And Im blessed to have David and quite frankly David is blessed to have me, said Kate. People in the audience were literally weeping during the post-screening Q&A." Senator Tommy Banks of Alberta will be the bill's sponsor in the Senate, and will shortly be distributing DVDs of "Dear Zachary" to all members of the Senate, just as he and MP Andrews distributed the film to all members of the House of Commons last fall when he introduced the bill. This was the situation with Andrews son Zachary. kind of the only way that this little boy is going to get to know his dad. Instead, the films dramatic nodes are scenes such as the one in which Bagbys parents, David and Kate, recall going to identify their sons body. For the Bagbys, shock might have, (Photo of David and Zachary; photo of Kate and Zachary; Shirley being escorted, from court; court documents; court exterior; court documents; Kate and David), KATE: I'd sat in the back of the room while Judge Green said to her, `I'm so, sorry, Dr. Turner, your life is on hold, and I know the law is slow.' Our 100 journalists strive to inform and improve our East Coast communities by delivering impartial, high-impact, local journalism that provokes thought and action. -, "A 10 out of 10. I had lovely family. MORRISON: There might have been a particular reason for this. 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. This couple have endured more grief and pain that most people will endure in a lifetime. But he was accepted here, St. John's, Newfoundland, the easternmost point in North America. In the end, she died, but love did not. We had negotiated a one-hour-a-week visitation in family court. 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. I extend my deepest thanks and greatest respect to MP Scott Andrews, his associate Ken Carter, Senator Tommy Banks, his executive assistantThrse Gauthier, MP Peter Stoffer, Senator Anne Cools, Gord McIntosh and everyone in Parliament who saw across party lines to support this bill's passage into law. Now, she sucked us in here, too. Shirley Turner, awaiting, extradition for murder, was out of prison on bail. Then, suddenly, tears. September 28, 2008: Bring lots of kleenex and prepare to be equally angry and emotionally drained as you watch real, so-called justice in action. Digital: iTunes | Amazon | Google Play, Order David Bagby's book Turner shot Bagby two days after he broke up with her at a Pennsylvania airport as she was set to fly back to Iowa. Woman #11: Doesn't matter what happened. Man #14: I admire you and respect you so much for two things. Dear Zachary has been announced as the first film to launch the newly formed MSNBC Films division of MSNBC. It also recently screened at the Calgary International Film Festival and the Edmonton International Film Festival to standing ovations from Canadian audiences, where it inspired many audience members to write their Parliament in support of bail reform. Are you having a good day with grandmom and. IMDbPro Starmeter. But it will also introduce you to some of the most inspiring, strong and caring people ever to grace the big screen."" MORRISON: I never know what to think about these feelings that people get. On Aug. 18, 2003, while awaiting extradition to the U.S. on a charge of murdering Andrew, Turner jumped into the waters of Conception Bay South with her 13-month-old son strapped to her in a murder-suicide. There was no way to stop Andrews murder, but there was no way to walk away from Zacharys body and just say hmm, okay, move on," said David. I praise Kurt Kuenne for having the heart and determination to perfectly put together one of the most powerful documentaries I have ever watched. MORRISON: The sea at midnight was endless black. Kuenne is able to capture the true nature of love and dedication in a way I have never seen. Skewed imagery. Such choices make for a disorienting viewing experience, especially if youre accustomed to the conventions of slicker documentaries. MORRISON: But Andrew did agree to meet Shirley in a nearby park. Keith Morrison reports. Imagine being the parents of a man who was killed and then having to ingratiate yourself to the killer in order to keep your grandchild safe. So we called, and he came over and told us that Zachary and Shirley were. 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. Cpl. Click HERE for assistance. KATE: And so she said, `Oh, take him and get him dressed,' to me. The film is by the phenomenal writer, director and composer Kurt Kuenne. If you were to dream up the perfect set of parents, it would be Kate and David Bagby. August 5, 2008: We dont do anything related to murder anymore, he said. Our SaltWire team is always watching out for the place we call home. The committee passed the bill unanimously, which is how it came to be heard in the House for a final vote this week. KATE: (Audio recording) Right. They still have friends in the province, people Kate said they wouldnt have survived without. KATE: I had a great childhood. Ad Choices. In 2006, the press was there again to cover the issuance of a report on the death of, (Newspaper article; David on TV show being interviewed; Confederation, Unidentified Reporter: (Newscast) The government has received a scathing. She was here.' GARDNER: (Audio recording) I understand that. This is Defector, a new sports blog and media company. Why would she say that if he wasn't? They are selfless. decision. Ms. TURNER: (Audio recording) (Unintelligible) Hi, sweetheart. Right, right. thoughts, his wife sees something that rocks her to the core. ', MORRISON: When Dr. Andrew Bagby's bullet-riddled corpse was, found in a Pennsylvania state park in November 2001, his devastated parents. Bill C-464 when enacted will justify detention in custody for a person accused of a serious crime who is a potential danger to their own minor children. -. By signing up, you agree to our User Agreement and Privacy Policy & Cookie Statement. One for such a wonderful young man that you raised. Complicating things further, she soon announced that she was pregnant with Bagbys child. . I dont understand how that can be ignored.. And Turner had said he was a, MORRISON: But there were some caveats. It also recently won Best Documentary at the Orlando Film Festival and the Audience Award at the St. Louis International Film Festival. 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. This is the kind of couple, themselves beloved by hundreds, that produces the kind of son who is beloved by hundreds.