He's a little bleary eyed, but. unforgivable and that's just the way it's going to be for the rest of my life. You will hurt and this film will sit with you for days, weeks, months. They recorded them. Unidentified Man #25: I love them very much. Simpson advised his friend to call the cops and to not under any circumstances meet Shirley Jane Turner alone. Mommy misses you. That's what Kurt does, he's an independent filmmaker. It left me looking for the impossibility of marking the film above the highest grade available on the festival's voting ballot. 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. This movie is the kind of nightmare no one could dream up. Wow." Now, she sucked us in here, too. MORRISON: But would that somebody turn out to be a blessing or a curse? Digital: iTunes | Amazon | Google Play, Order David Bagby's book -Drafted and finalized press releases, articles, annual reports, websites, earnings releases and investor . kind of the only way that this little boy is going to get to know his dad. And Im blessed to have David and quite frankly David is blessed to have me, said Kate. substance to it. In January, the film was nominated for Best Documentary by both the Chicago Film Critics Association and the Online Film Critics Society, who also nominated writer/director/composer Kurt Kuenne for Breakthrough Filmmaker of 2008. 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. He said, `The psychotic bitch. was that they'd have to accept her daily phone calls. -, "**** (Four stars). They also went to Ottawa to push the case for Bill C-464, which had been introduced by then Liberal MP Scott Andrews, at a committee hearing. And one, of the first to see her there was T.J. Shears, the eldest of Shirley's three. 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. 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. He was the whole world to them. Purchase the album on: Amazon (Physical CD) iTunes Amazon MP3, DAVID BAGBY'S "DANCE WITH THE DEVIL" RETURNS TO PAPERBACK AND E-BOOK, After four years of being out of print, David Bagby's book "Dance with the Devil" (Andrew Bagby's father's powerful memoir of the events depicted in "Dear Zachary") is finally available in paperback and e-book. Mr. BAGBY: He's now engaged to this lovely girl, and he's going to go to med school. Mr. SHEARS: You could see in his eyes that he was full of life. So I gave her the. Kate & David Bagby will now be called as witnesses before the committee, the bill will be revised and strengthened, and eventually brought back into the House and Senate for a vote. We just want as many people as possible to know this story, the documentary, for the practical reasons in my fantasies, I suppose some judge, some place, actually gets it and denies bail to somebody who could kill again, said David. Sixteen years have passed but for the Bagbysthe story of the deaths of their only son and grandson resurfaces all the time. 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 how? He said, `Well, it's 4:30 now. Keith Morrison reports. Dear Zachary recently won the Sigma Delta Chi Award for Best Documentary of 2008 from the Society of Professional Journalists. I never really convinced myself that she, could--that she would hurt Zachary. I had a husband I loved. And as tragic as this story is, that is also where its consolation lies: that Shirley Jane Turner destroyed everything around her in an attempt to extinguish the love she was incapable of experiencing herself, and in the end she couldnt. They might as well have sent a taxi to her to help take him out and drown him. . Sometimes, if you are paying attentionclose attentionyou can see it coming, even if only barely. Just from that, conversation, you could kind of get the sense that she didn't want Zachary, MORRISON: And for the Bagbys, Shirley issued what sounded somehow. (A number of his male friends say that they asked, or would have asked, him to be their best man.) MORRISON: What did you think that she would do, kill you? Well, I said, `Bring some beer. MORRISON: Andrew's best friend, filmmaker Kurt Kuenne, suddenly, just knew what he had begun as a small film to memorialize his old friend. It was for custody of their grandchild who looked exactly like his father that they moved to the city of their sons killer. We would've done handstands and cartwheels to. (Driving through rainy street; correctional facility sign; Andrew; Kurt, Unidentified Woman #8: They would drive two hours to the jail. How dreadful the knowledge of the truth can be, wrote Sophocles, when theres no help in truth.. to live with his father in a tiny coastal village hundreds of miles away. We couldn't let the authorities who let this happen get away with it. Authorities later determined his former lover Dr. Shirley Turner,. Such choices make for a disorienting viewing experience, especially if youre accustomed to the conventions of slicker documentaries. children, who had recently been in a bad car accident. Nobody drives 16 hours after you've just broken up with them.' They are prophecies. 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. But I used to look at her hand and think, it. When police interviewed the hospital staff Mr. SIMPSON: I said, `Well, you don't have to look far.' Did. We dont do anything related to murder anymore, he said. 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. I'm just curious Ms. TURNER: (Audio recording) Yeah, and I wanted to know for safety. The International Film Music Critics also nominated his musical score for Best Documentary Score of 2008. 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. Cpl. This is without a doubt one of the most profound, touching and moving films I have ever watched." (Photo of Andrew; cell phone towers; photo of Shirley; maps; suburban street; photo of house; newspaper clipping; photo of Shirley; maps; cell phone tower; Shirley in court; court documents; flashing police lights; American flag. After arriving home, she drove 900 miles back to Pennsylvania to kill the man who rejected her. October 22, 2009: The strange allure of Robert Durst and The Jinx.. Mr. SHEARS: She's kind of reliving a university life again. IMDbPro Starmeter. There were moments when something happened that had my heart beating so fast I became lightheaded and had to refocus myself. Play trailer 2:39. I kind of. Also, by popular demand, a new printing of David Bagby's book "Dance with the Devil: A Memoir of Murder and Loss" featuring Dear Zachary's poster art on its cover is now in stores. Kathryn Schulz, reviewing Making a Murderer recently inThe New Yorker, described howtrue-crime projects can allow for bias to masquerade as objectivity and for people (particularly victims and their families) to be reduced to plot points. And that's when it all hit the fan, I guess. MORRISON: And go she did, back to Newfoundland, Canada. It would be kind of upsetting, I guess, to let your son spend time. MORRISON: How'd you feel about having a much younger brother come, Mr. SHEARS: I thought it was great. MP Andrews was spurred on to the creation of this bill after seeing "Dear Zachary" at a March screening in Ottawa to which all Members of Parliament were invited. MORRISON: The ammunition used to kill Andrew was CCI .22 caliber bullets. MORRISON: So different from who Andrew really was, a kind, devoted son who made Eagle Scout at 15. It comes down to probable cause, the right to bail and the presumption of innocence. This couple have endured more grief and pain that most people will endure in a lifetime. Except, OK, sometimes not. It's pretty easy to analyze what the, options are. She turns to talking of her son and calls him Gods blessing. 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. It would take two weeks. And so, on August 18, 2003, Shirley Jane Turner kills Zachary. If nothing else is accomplished with this film, it will absolutely attach you to the too-short life that was Andrew Bagby's, and you're going to be sad that you didn't get a chance to know him -- but glad all the same that you know ABOUT him now." I think they just poured all of their love and, MORRISON: A week after Kurt's visit, Zachary turned one. Mr. BAGBY: Oh, this ranks right up there. Bring lots of kleenex and prepare to be equally angry and emotionally drained as you watch real, so-called justice in action. He said, `What do you mean?' If you were waiting to find out where exactly the comfort was in this litany of suffering, it is in Bagbys parents. 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. Well, you dont have to look far, said Dr. T. Clark Simpson, who worked with Bagby. A judge called Andrews murder a vicious crime, but did not consider Turner a risk to others. I cannot stress this enough: this movie frightened and disturbed me more than any horror film I've ever seen in my life. DVD: Amazon | B&N MORRISON: But Shirley would make it tough for Andrew to do that. And I know, you love me, and--yeah. 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). If. But something kept me going, and. They raised a wonderful, Unidentified Man #26: Thanks for bringing such a wonderful person. And you just bought the gun, right? Published by Statesville Record & Landmark on. Ms. TURNER: (Audio recording) It's either in my closet or my bedroom. Understood? Thought, you know, `Who would want to kill him?'. We had negotiated a one-hour-a-week visitation in family court. 10th Anniversary Collector's Edition DigiPak: I lay in--laid there in bed a couple of times and thought, If I just kill her, Zachary will be safe. (Shears; photo of Shirley, Zachary and Shears; Shears walking), Mr. SHEARS: Suddenly everything rushes into you, and you realize that she, did murder Andrew. 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. Cpl. . Six-month-old Zachary was, returned to her. (It was announced, in 2014, that the documentary would be made into a miniseries. Ms. TURNER: (Audio recording) (Unintelligible) Hi, sweetheart. While that change felt good, David wanted more. He travelled across the country, and to England, to collect these reminiscences, which reveal Bagby to be a caring physician and a beloved and charismatic goofball. Bagbys wondered if there might ever be an extradition hearing. And she followed Andrew to St. John's. Is it OK? MORRISON: It was November 2001 when Dr. Andrew Bagby, 28 years old, was found in hospital scrubs lying facedown in the state park in Derry Township, Pennsylvania. I was just gone. Turner killed herself and Zachary before she could be tried for murder. Mr. BAGBY: We were out shopping or something. KATE: So this man said to me, `Do you know that Shirley Turner's pregnant with your son's child? The couple was also involved in a support group for parents of murdered children and sat through three murder trials to try and help other surviving parents deal with their incredible grief. 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. 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. Dance with the Devil: A Memoir of Murder and Loss: 1 Photo. Highlights from the week in culture, every Saturday. Blu-ray | DVD, 10th Anniversary Edition: HEATHER: I knew he'd been struggling with me moving on and dating other people. Mr. BAGBY: Shirley killed Andrew. -Managed leading Egyptian companies' accounts with the firm, including in the oil and gas, financial, consumer goods, real estate and automotive sectors. then one day I realized what it was. -, "This documentary will rip out your heart and leave you in the snow without a sweater. Mr. SHEARS: Mm, yeah. "One of the best documentaries I have ever seen in my entire life a film that will rock you to your core. The Bagbys attended the hearing, of course, and, could not quite believe their ears when they heard the judge's ruling. The New Yorker may earn a portion of sales from products that are purchased through our site as part of our Affiliate Partnerships with retailers. Dr. Andrew Bagby was killed on November 5, 2001, by an older woman named Shirley Jane Turner, who he had dated at a low point in his life. In this way, Dear Zachary inverts the usual way of telling murder stories. MORRISON: Despite it all, the Bagbys were thrilled to be living, with Zachary. Except this story is worse. Mr. SHEARS: I thought they were great with him. Kurt is incredibly grateful for the good folks at MSNBC for making this arrangement happen. MORRISON: She kept trying to get between you and the baby. Shirley Turner, awaiting, extradition for murder, was out of prison on bail. The bond between, Zachary and his grandparents grew and grew, and Shirley noticed, even from, KATE: (Audio recording) I think it was one time we were on the phone or, KATE: (Audio recording) Yeah, the baby cried, and I said, `Oh, there's my, Ms. TURNER: (Audio recording) Yeah, `Oh, my baby. get a chance to have some of Andrew again. They were good friends; it was he who Bagby had told about the fatal meeting with Turner beforehand. None of his friends liked Turner because she was often inappropriate and even harassed one of Bagbys exes and just generally appeared to be an incredibly unstable, crude, and unlikeable personbasically Bagby's exact opposite. Mr. BAGBY: I have a lot of trouble with those things too, and I suspect what really goes on, what's called intuition, is really a very, very complex calculation of lots of little indicators, little things that Andrew said on the phone maybe. And in that time, the Canadian justice system does nothing. helped convince me that she would not hurt Zachary. You can't tell them this over the phone. MORRISON: What do you do about this? KATE: On Sunday night I got out of bed and prayed because I thought Andrew was at risk. An abridged version of "Dear Zachary" will premiere on CBC Newsworld in Canada on Sunday, October 25th at 10 PM ET/PT. David remembers uttering, "It's really him," and recalls how the two cried over the body, tears falling on to Andrew's face. TO ME ITS REAL LIFE. Dear Zachary avoids the first pitfall by directly confronting the second. This documentary starts out like a love letter. We'll keep this website updated as to their progress when there is news. But a few weeks later, she showed up in Pennsylvania, unexpected, for the wedding of one of his friends. Kate Bagby feels her son was too trusting to agree to meet Turner at the park the day he was killed. (David and Kate; photo of Andrew by tape being put into recording device; Ms. TURNER: (Audio recording) Are you babysitting? 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. news about his mother and baby brother, and was slammed with instant blowback. Man #14: I admire you and respect you so much for two things. Based on the title alone, it sounds like one of those saccharine documentaries that only the filmmaker and the subject would ever really care about. With that kind of goodness, there is no limit to the possibility of transcending all manner of evil. On the 5th, however, Turner appeared back in Latrobe. A review of Turner's and Zachary's deaths, released in 2006 by Winnipeg-based coroner Peter Markesteyn, concluded the provinces social services system failed Zachary and his death could have been prevented. This film was no longer a letter to you, Unidentified Man #23: Well, everybody always says, well, what. Andrew came to St. John's. Shortly after his death, she fled to Canada and settled back in St. Johns. 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. But he was accepted here, St. John's, Newfoundland, the easternmost point in North America. Ms. TURNER: (Audio recording) I was really upset when you took him today, because I feel like I did the day you saw him at Unified Family Court. Kate & David Bagby will now be called as witnesses before the committee, the bill will be revised and strengthened, and eventually brought back into the House and Senate for a vote. He says his mother was so often, unavailable, especially from the time she started medical school. Someone found a car that didn't belong. Ms. TURNER: (Audio recording) I do have a complaint, finally. Mr. BAGBY: By this time we're pretty damn sure she's complete. If she had her way, we would not have had any visitation at, MORRISON: Coming up, fighting not just to see their grandson, but. Well, I was hurt in an, accident. Unidentified Woman #11: I love them very much. thoughts, his wife sees something that rocks her to the core. doesn't take much to pull a trigger, does it? I mean, she. Cpl. This report aired Dateline Friday, July 23. report that concluded the child protection system failed Zachary Turner. If you didnt realize the importance of that, Kuenne mutes the film to let you process it. They had to be nice to Turner, to keep her mellow, and not fight with her. Mr. SIMPSON: Things people should know about Andrew, he was never late. "Kurt Kuenne has crafted a documentary that began as a legacy of a friend in the form of a letter to that friend's child, and that is powerful enough to endure as legend. The Bagbys, who recently marked their 50th wedding anniversary, say it sustained them for nearly a decade as . She was coming here to take care of me. Also, today MP Scott Andrews of Newfoundland introduced a bill in Parliament for its first reading that proposes a modification to Canada's bail code that would justify detention in custody for a suspect who is a potential danger to their own minor children. And then we'd do it through the lawyers. (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.). 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 Do you understand? As one friend said, Hes like the blessing Andrew left behind. It was for Zachary that Andrews parents retired, cashed in all their savings and moved from their lifelong home in Pennsylvania to Newfoundland, where Shirley Jane Turner lived. Lori Kaufman rw. to let out hints that Shirley Turner was the prime suspect. Its not the sort of true crime that leaves you wanting more. 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). And I prayed to God to be looking after him. 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. And that's when she said, `He loves you, more than me. Previously, Kate was a Founder & Executive Director at Read More Kate Bagby's Phone Number and Email Last Update 11/14/2022 10:26 AM Email k***@mothersagainstmurder.org Engage via Email Contact Number (***) ***-**** Engage via Phone Mobile Number She just dropped to the floor and laid down, and, I went down after her. They watched the legal proceedings grind, infuriating and slow. You dont get over it. GARDNER: (Audio recording) I understand that. COLLECTOR'S EDITION DIGIPAK only from Oscilloscope Laboratories: MORRISON: Zachary fell asleep in his car seat. (Photo of Andrew and Kurt; Kurt editing film; collection of videotapes with, Mr. KUENNE: It was no longer just my search for what was left of, (Collection of videotapes of raw footage), Mr. KUENNE: I thought, I'm kind of the keeper of all this footage that is. It stays so close to Bagby and to the people who loved him that theres never any question that its their side of the story being recounted. The next, hearing in the extradition process was set for September, at which time they. GARDNER: (Audio recording) I have to tell you that Andrew is dead. KATE: I sat there and bit my lip and cried. The news and opinions youll love for only $10 for 1 year. Ms. TURNER: (Audio recording) Are you sure? Oh, my God. Either she's grabbed Zachary and taken off and she's trying to, escape, and she has a snowball's chance in hell of getting away with that. KATE: (To Zachary) Kurt knew your daddy when he was a little boy. -, "It's Kate and David Bagby who are the moral center of this film. Not too long ago? And she followed Andrew to St. John's.. It had happened almost surely the last, night they were together, and DNA tests would later prove that Andrew was, (Supreme Court exterior; court in progress; house exterior; Shirley and Shears. January 28, 2008: 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. Now armed with a powerful tool, "Dear Zachary: A Letter, to a Son about his Father," the tribute film Kurt Kuenne started making, first. Are you having a good day with grandmom and. quiet. They held their breath. In that time, it becomes clear that, thankfully, baby Zachary has his fathers penchant for emotional maturity and gravitates not towards his mother, but to his grandmother. Or was this her, way of demanding that they suspend their critical faculties and declare their, Ms. TURNER: (Audio recording) I don't know what to give Zachary. To revisit this article, select My Account, thenView saved stories, To revisit this article, visit My Profile, then View saved stories. And in the meantime, without that crucial piece of evidence to charge her with Andrew's murder, Shirley Turner quietly left US soil and returned home to Newfoundland. The Bagbys went to the morgue to identify their bodies. prayed that his murderer, whoever it was, would be swiftly brought to justice. If it looks like she's likely to go back, how is she going to behave? 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.'. The bill now moves to the Senate where it is expected to be embraced in a similar fashion. I said, `Find her, and I think you'll find who did this.'. "This is the purest, most intensely raw film I have ever seen of any kind, dramatic or nonfiction. 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. It's. It was like Andrew died and then was reborn for a second chance. They still have friends in the province, people Kate said they wouldnt have survived without. She was here.' Curated newsletters for curious minds. Inspired by his mother's tales of interesting medical cases and wonderful patients, Andrew decided he would be a doctor. USA | Canada | UK, Original poster artwork by Evan B. Harris, Proceeds from this film benefit the Dr. Bagby Scholarship and the Dr. Andrew Bagby and son Zachary Bursary, Watch this short film to see the quest to complete Dear Zachary and amend Canadian bail law. (Shirley and Zachary at birthday party; birthday party), KATE: He didn't want to open presents, you know, he wanted to get, down. Turner shot Bagby two days after he broke up with her at a Pennsylvania airport as she was set to fly back to Iowa. The tragedy here is that even if you do see it coming, that still doesnt mean you can stop it. So we called, and he came over and told us that Zachary and Shirley were. (Photo of Shirley, Kate and Zachary; photo of Shirley, David and Zachary; Ms. TURNER: (Audio recording) Well, I just want your word that I'm going to, know where he's at, like any babysitter, you know, if you're going to take him, anywhere, just say, `Shirley, we're going to run out and do this. This film wasn't made to win awards, or, for that matter, even be criticized. Even during his stilted summaries of events, you can sometimes hear Kuenne choking up. especially long work day and dropped himself in front of the television. And if that picture never reveals itself, it feels like a letdown, not a tragedy. February 24, 2009: I kind of need to move on from that because, like I. said, I'm a Bagby male. Use of this site constitutes acceptance of our User Agreement and Privacy Policy and Cookie Statement and Your California Privacy Rights. MORRISON: The girl was Heather, also an aspiring doctor. KATE: Ah, it was wonderful. 7:30 I'll be at your house.'.