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KATE: I knew exactly what my son looked at before he died. How do you represent anguish of that magnitude without turning it into a Greek tragedy? MORRISON: What did you think that she would do, kill you? It comes down to probable cause, the right to bail and the presumption of innocence. Information on who and where to write can be found by going to the "Support Bail Reform" page. It was made to tell a story and to capture forever the life of one man and the many people he touched. His goal at first was simply to collect memories and tributes from people who were close to Bagby. However awkward Shirley Turner made it, they were sweet, cooperative. of a woman and a baby on the beach, and I lost it again. in honor of his beloved friend Andrew, and then for Andrew's son, Zachary. And he'd be like(turns. Woman #9: to make that journey was awful. But he was moved to honor his friend the best way he knew how, by making a film. Andrew was found dead Nov. 5, 2001 in a state park just outside Latrobe, PA, where he was a resident in the local hospitals family medicine programme. MORRISON: After you found out about Andrew's death, the impulse just ended. MORRISON: Ah, but there was a lot to say about Andrew. Shirley Turner, awaiting, extradition for murder, was out of prison on bail. Cpl. Man #14: I admire you and respect you so much for two things. Our SaltWire team is always watching out for the place we call home. (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. (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.). I cannot stress this enough: this movie frightened and disturbed me more than any horror film I've ever seen in my life. I had this overwhelming feeling. We're thrilled with MP Andrews' initiative and efforts, and support him 100% as he moves this bill forward. With that kind of goodness, anything is possible. 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. But the tributes Kuenne collected remain the spine of the movie, alternating throughout with exposition of the murder and its aftermath. (Driving through rainy street; correctional facility sign; Andrew; Kurt, Unidentified Woman #8: They would drive two hours to the jail. When police interviewed the hospital staff Mr. SIMPSON: I said, `Well, you don't have to look far.' Mr. BAGBY: I think it was a rage at the person who did this. MORRISON: And ultimately she sent him away, with no forewarning. KATE: I thought, `Well, God, this is it.' There was plenty of turmoil in the industry, but many shows continued to nourish, illuminate, and delight. but if we don't get help, we don't know if we're doing what's best. June 2, 2015 - June 2020. She was, pregnant, and the baby was Andrew's. And in that time, the Canadian justice system does nothing. 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. Kurt Kuennes 2008 documentary, Dear Zachary: A Letter to a Son About His Father, deserves a second look, especially in light of the recent popularity of true-crime programs like Serial and Making a Murderer., Photograph courtesy Oscilloscope Pictures / Everett. MORRISON: Andrew tried to make a clean break with Shirley in October 2001. No less than seven of those friends had asked Bagby to be the best man at their weddings. Mr. KURT KUENNE (Director): I decided to go on the road to interview people, because I thought, you know, he's never going to have a wedding. You dont leave it behind. IMDbPro Starmeter. 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 ', MORRISON: When Dr. Andrew Bagby's bullet-riddled corpse was, found in a Pennsylvania state park in November 2001, his devastated parents. See rank. It left me looking for the impossibility of marking the film above the highest grade available on the festival's voting ballot. Believing that even where there is evil, there is also a tremendous amount of good." They hadn't been identified, but it's obvious who they, MORRISON: He was right. Andrew assured his filmmaker friend Kurt that the 40-year-old was a passing fancy. He said, `What can happen?'. Creating stronger communities. Sixteen years have passed but for the Bagbysthe story of the deaths of their only son and grandson resurfaces all the time. I had a husband I loved. (SPOILER WARNING: Do not watch this short until you have seen Dear Zachary. Coverage from the 2023 Canada Winter Games, VIDEO: Your daily elite-sports highlight package, Making Canada Better: Atlantic Canadians striving for change, 2023 SaltWire Network. 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. Zachary's life, even talking to her eldest son and his girlfriend about it. don't have these meltdowns and emotional scenes. And one, of the first to see her there was T.J. Shears, the eldest of Shirley's three. MORRISON: But then she claimed she couldn't find it. But their efforts to. MORRISON: The girl was Heather, also an aspiring doctor. MORRISON: And, says T.J., in the way of her opportunities to be. In this way, Dear Zachary inverts the usual way of telling murder stories. Simpson advised his friend to call the cops and to not under any circumstances meet Shirley Jane Turner alone. Zachary didn't seem like. It's great. Shirley Turner had some startling news. That's what Kurt does, he's an independent filmmaker. Its hard to imagine a well-crafted rendition being as powerful.). It turns out Shirley owned a .22 caliber handgun, which she acquired while living in Iowa. I was like, `Oh, OK, yeah.' 2015 - 2020. "This is the purest, most intensely raw film I have ever seen of any kind, dramatic or nonfiction. (Newspaper rack; photo of Shirley and Zachary), Mr. BAGBY: (Press conference) I am going to continue to scream long and loud, MORRISON: The Bagbys have continued a campaign for the overhaul, of the bail system. They are warm. KATE: On Sunday night I got out of bed and prayed because I thought Andrew was at risk. And we came back. We did have him for a little while, she said. At least he might have asleep when she went in. 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. Click HERE for ticket information. I had lovely family. 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. 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). GARDNER: (Audio recording) Is this Dr. Turner? Play trailer 2:39. I said, `When do you think you'll be done?' The strange allure of Robert Durst and The Jinx.. MORRISON: And go she did, back to Newfoundland, Canada. Add a bio, trivia, and more. 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 Bagbys said that Shirley would later apologize for, her reaction. 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. Right? Mr. BAGBY: (Talking in group) This is about making public exactly what, MORRISON: The Bagbys' public outrage had some results. He said, `What do you mean?' Bad things tend not to announce themselves, they just kind of land right on your head. substance to it. We urge you to write your MP (if you're Canadian) or the Attorney General of Canada (if you're not) in support of MP Andrews' bill; the next few months are a crucial time. MORRISON: A couple of hours later, there was another knock at the, Mr. BAGBY: Told us what happened. MORRISON: But she was allowed to go back to Newfoundland? Andrew's parents say he tried, frequently, to ease out of the relationship altogether, but Shirley wouldn't buy it. (Trailer park; parking lot; water; Kurt on boat; excerpts from "Dear Zachary"; houses seen through rainy window; Kate and Zachary). 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. Even during his stilted summaries of events, you can sometimes hear Kuenne choking up. We had to pack up Zachary, Mr. BAGBY: We just climbed right back upstairs and went to bed and melted. This is where the foreshadowed bureaucracy comes back. 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. Highlights from the week in culture, every Saturday. This film was no longer a letter to you, Unidentified Man #23: Well, everybody always says, well, what. Dance with the Devil: A Memoir of Murder and Loss: And when, after his first year at med school, Heather broke off the engagement, Andrew was crushed. 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. And not just because its real. After arriving home, she drove 900 miles back to Pennsylvania to kill the man who rejected her. Digital: iTunes | Amazon | Google Play, Order David Bagby's book For one thing, Shirley, required the Bagbys to bring Zachary to visit her once a week in jail. And that was midafternoon. Except, OK, sometimes not. And you just bought the gun, right? -, "You don't just view what's happening on the screen -- you live it through every gasp and every tear, and every bit of exasperated anger(resulting) in one powerful standing ovation, the likes of which I have never seen at Hot Docs beforeDear Zachary will move you. That one comes back a lot. MORRISON: Zachary Andrew Turner, the son of murder victim Andrew, Bagby and his accused killer Shirley Turner, was born on July 18th 2002, eight, months after the young doctor's murder. Mr. BAGBY: Without those cell phone records, they couldn't formally charge. David Bagby, left, and Kate Bagby, right, celebrate with their son Andrew Bagby at his graduation from medical school at Memorial University of Newfoundland in June 2000. Well, I was hurt in an, accident. Jackson, Kentucky. Oh my god. 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? MORRISON: When you did find out that she was pregnant, what was your thought? Memorial University Medical School. We need each other, have each other to get through this.". 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. People in the audience were literally weeping during the post-screening Q&A." unforgivable and that's just the way it's going to be for the rest of my life. So I gave her the. (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. Slamdance Film Festival book signing! Cpl. Mr. SHEARS: I thought they were great with him. She has to veer away from the image and instead see him as a living being. He had been shot five times and the No. But that is what the Bagbys. GARDNER: (Audio recording) I have to tell you that Andrew is dead. 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). And that's when she said, `He loves you, more than me. (A number of his male friends say that they asked, or would have asked, him to be their best man.) Bring lots of kleenex and prepare to be equally angry and emotionally drained as you watch real, so-called justice in action. 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? Mr. SHEARS: You could see in his eyes that he was full of life. 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. But how? How the fuck do you live like that? The documentary was originally released in 2008. Yeah, I mean, I can watch that for sure. Mr. BAGBY: We were out shopping or something. In mid-December, the Bagbys talked to The Western Star about the rerelease of the documentary, Dear Zachary: A Letter to a Son About His Father, by Kurt Kuenne. Kate said Shirley insisted on keeping Zachary in, the deep pool, which frustrated him because he couldn't move on his own. It was like Andrew died and then was reborn for a second chance. MORRISON: But was that what you assumed had happened? | Learn more about Tessa Bagby's work experience, education . then one day I realized what it was. -, "Demonstrates independent film at its finest." (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. And that's when it all hit the fan, I guess. MORRISON: It was almost two years after Andrew Bagby's murder, when Shirley Turner's eldest son T.J. drove home to his girlfriend after an. Unidentified Woman #12: We won't forget their son. MORRISON: Even more, the Bagbys' gloom was mixed with worry. -, "**** (Four stars). 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.' -, "To give you an idea how powerful it is, I'll just say that there was a lot of audible sobbing during the credits.and the first question in the Q&A started like this: "First of all, holy crap. 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. David Bagby, left, and Kate Bagby, right, celebrate with their son Andrew Bagby at his graduation from medical school at Memorial University of Newfoundland in June 2000. Ensure local journalism stays in your community by purchasing a membership today. There won't be any question about whether she can hurt, MORRISON: Coming up, as David Bagby wrestles with these terrible. STORY CONTINUES BELOW THESE SALTWIRE VIDEOS. Unidentified Woman #11: I love them very much. MORRISON: But Andrew did agree to meet Shirley in a nearby park. December 10, 2007: After the pregnancy came to light, the film became a way to introduce Zachary to his father. Ms. TURNER: (Audio recording) Are you sure? When Bagby said he was going to anyway, Simpson asked him to come to his house right after. MORRISON: What did you think when you heard that? We had negotiated a one-hour-a-week visitation in family court. All rights reserved. David and Kate Bagby moved to St. John's. They forged a relationship with the woman they believed killed their son so they could see Zachary, their only grandchild. January 28, 2008: 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. Unidentified Man #22: We will develop policy specific to children. KATE: It was shocking, but not a surprise. April 14, 2009: Shirley. 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. Only Kate and David, MORRISON: Perhaps the most irksome part of the deal with Shirley. ', MORRISON: But they'd have to wait almost a month. will not hurt Zachary, period. Right, right. I, was like, `Hi, buddy.' Dear Zachary is now available on DVD! In the end, she died, but love did not. Unidentified Man #21: (Talking in group) I know. But the fact that theyre probably killers means they are much more dangerous than the rest of us, probably. 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. David Bagby's book, Dance With the Devil, is a good read. The full hour will not be available online. The 10th Anniversary Blu-Ray and DVD are also available from other retailers listed below, and the digital edition is now available for purchase or rent on iTunes, Amazon Prime Video, and Google Play. (Sea at night; photo of Shirley and Zachary; autopsy report; photo of man; photo of Shirley and Zachary; Zachary sleeping; David and Kate), Mr. BAGBY: Kate just quit. She. This movie is the kind of nightmare no one could dream up. Troutman Funeral Home is assisting the Bagby family. Or it's in the car. But before that could happen, Shirley was apparently deemed neither, dangerous nor a flight risk and almost immediately released on bail, most of, it posted by one of her mentors from med school, a psychiatrist to whom she'd, gone for treatment after Andrew's murder. It was for custody of their grandchild who looked exactly like his father that they moved to the city of their sons killer. (David; Kate and Zachary; Shirley and Zachary). For those who've asked how Kate & David Bagby are doing now, here's a lovely article from Diane Crocker at Newfoundland's The Western Star. Typically, we meet the victim not as a person but as a dismantled puzzle to be put back together by the canny viewer, who is likewise appealed to not as a person hearing about a human catastrophe but as an analytical machine capable of sorting and weighing the relevant facts. MORRISON: Was it reasonable for the court to trust her? I knew, exactly what my son looked at before he died. 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. Six-month-old Zachary was, returned to her. Are you having a good day with grandmom and. I kind of. For an optimal experience visit our site on another browser. I couldn't see the point anymore. One of the first to meet Zachary was, (Photo of Zachary Turner; wedding dance; photo of Shirley and Zachary; photo. What a flaky person. -, "A 10 out of 10. Sharing voices. (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. They recorded them. There were moments when something happened that had my heart beating so fast I became lightheaded and had to refocus myself. MORRISON: How did you find out what happened, how he had been killed? What kind of headfuck must that be? It's said there's nothing worse than the death of your child, and this film drives that point home harder and with the utmost care and precision." Thought that maybe he had found somebody that he could really be happy with. helped convince me that she would not hurt Zachary. I mean, she. MORRISON: Shirley, meanwhile, seemed to be preparing for her, extradition, and perhaps she was looking for a way to exclude the Bagbys from. Mr. BAGBY: Shirley killed Andrew. Screening next at DocuWeek, the International Documentary Association's Theatrical Documentary Showcase. Woman #11: Doesn't matter what happened. Bagby came from Sunnyvale, California, and was the son of Kathleen Daphne Bagby ( ne Barnard), a registered nurse and midwife from Chatham, England, United Kingdom; and David Franklin Bagby, an American former United States Navy serviceman and computer engineer. Subscribe here. 1 Photo. You dont get over it. Keith Morrison reports. David remembers uttering, "It's really him," and recalls how the two cried over the body, tears falling on to Andrew's face. The International Film Music Critics also nominated his musical score for Best Documentary Score of 2008. Dear Zachary was then voted the #3 audience favorite of the festival by viewer ballot, out of the 172 distinguished documentaries screening at Hot Docs. Mr. BAGBY: The police didn't give us very much information, but they started. Mr. BAGBY: That's one of the options, and that's the one we hoped for. It would take two weeks. Click here for ticket information! If it looks like she's likely to go back, how is she going to behave? Was it a tight bond? you have anywhere to put that, or that Ms. TURNER: (Audio recording) Not yet. (Youll never guess who showed up on my doorstep, one of Bagbys friends recalls him saying. We need each other, have each other to get through this, added David. Mr. KUENNE: He warmed up to me as the--as the week wore on, MORRISON: But the Bagbys were especially anxious. Ms. TURNER: (Audio recording) I do have a complaint, finally. Its not the sort of true crime that leaves you wanting more. 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. She pushed it back in and cried some more. Far from experiencing the satisfaction of cracking a mystery, the viewer is likely to come away with a feeling of stymied sickness, of hitting the brick wall of a world gone wronga feeling which must be closer to the lived reality of violent tragedy. They might as well have sent a taxi to her to help take him out and drown him. MORRISON: It was August 2003, the wee hours of the morning by the ocean. KATE: I sat there and bit my lip and cried. MORRISON: But would that somebody turn out to be a blessing or a curse? especially long work day and dropped himself in front of the television. was that they'd have to accept her daily phone calls. Office Manager. Blu-ray | DVD, 10th Anniversary Edition: MORRISON: And tell me about your mum with Zachary. Imagine it. He says his mother was so often, unavailable, especially from the time she started medical school. Specific in nature? They watched the legal proceedings grind, infuriating and slow. KEITH MORRISON reporting: He was everybody's idea of the perfect best man. 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. MORRISON: How'd you feel about having a much younger brother come, Mr. SHEARS: I thought it was great. Andrew came to St. John's. It, (Photo of Shirley; Shirley, Zachary and David; photos of Shirley and Zachary). 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. June 25, 2008: If you were to dream up the perfect set of parents, it would be Kate and David Bagby. David remembers uttering, "It's really him," and recalls how the two cried over the body, tears falling on to Andrew's face. How else do you represent almost virtually the same crime happening back to back despite the hindsight in between? Remember these two things as I go on. It has been our privilege to have the trust and support of our East Coast communities for the last 200 years. 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. Meeting her at 6. All rights reserved, Click here for information on becoming a member. It's. 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. August 5, 2008: I never really convinced myself that she, could--that she would hurt Zachary. ', Mr. SIMPSON: And I told him, I said, `You know, Andrew, when I break up with somebody and put them on a plane and send them 1300 miles away,' I said, `They knock on my front door, I'm going out the back door and I'm calling the police.' The committee passed the bill unanimously, which is how it came to be heard in the House for a final vote this week. We thought of him as a hostage, said David. Andrew, of all people, seemed to have no enemies at all. You know what, when Andrew didn't show up at 7:30, I knew something was very wrong. Do you understand? We send a huge thanks to MP Scott Andrews, his assistant Ken Carter, MP Peter Stoffer, Senator Tommy Banks, his assistant Thrse Gauthier, Gord McIntosh and all those in Parliament who have seen across party lines and supported this bill to honor Andrew & Zachary and help prevent a recurrence of our story. Ms. TURNER: (Audio recording) Then I can't consent to more time right now. decision. And I don't know, I just lay on top of her and we, MORRISON: T.J. opened the door to police, too, and heard the.