(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. Its hard to imagine a well-crafted rendition being as powerful.). For one thing, Shirley, required the Bagbys to bring Zachary to visit her once a week in jail. Interviews with Bagbys friends and family take the place of the usual lineup of witnessesas much attention is given to the fact that he always wore shorts as to the number of times he was shotand their pain functions as evidence as the film builds a case against the Canadian bail and extradition protocols. 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. KATE: On Sunday night I got out of bed and prayed because I thought Andrew was at risk. Ms. TURNER: (Audio recording) His parents don't even know, do they? And if they don't charge her, they had no way to restrict her travel. This is the kind of couple, themselves beloved by hundreds, that produces the kind of son who is beloved by hundreds. RELATED:California filmmaker remasters documentary on the lives and murders of Andrew Bagby and Zachary Turner. MORRISON: She kept trying to get between you and the baby. And I prayed to God to be looking after him. Cpl. MORRISON: What do you do about this? However awkward Shirley Turner made it, they were sweet, cooperative. HEATHER: I knew he'd been struggling with me moving on and dating other people. Former Assistant Pastor at Jackson Community Church. If you didnt realize the importance of that, Kuenne mutes the film to let you process it. Mr. BAGBY: (Talking in group) This is about making public exactly what, MORRISON: The Bagbys' public outrage had some results. We would've done handstands and cartwheels to. kate and david bagby still living We urge everyone to write your MP (if Canadian) or the Attorney General of Canada (if not) urging them to support MP Andrews and his bill as it moves toward a vote in the near future. 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. This is Defector, a new sports blog and media company. David was a . 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. MORRISON: When you did find out that she was pregnant, what was your thought? The 14 Most Upsetting Parts Of Dear Zachary That Broke Your Heart - Ranker I mean, we would never, disagree with her or fight with her about anything unless there was real. of a woman and a baby on the beach, and I lost it again. Dear Zachary recently won the Audience Award at the Sidewalk Moving Picture Festival in Birmingham, Alabama! We're thrilled with MP Andrews' initiative and efforts, and support him 100% as he moves this bill forward. In the end, she died, but love did not. Unidentified Woman #11: I love them very much. We. 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. He was such a good baby. Amending Canada's bail code was my goal in releasing "Dear Zachary" publicly; it is my pleasure to announce that goal is now a reality. This is what that fucking bitch didnt know, David Bagby fumes towards the end of Dear Zachary. And thank God. Because this is where you need it. (Supreme Court building; Shirley being escorted from court; photos of Kate and. MORRISON: It was August 2003, the wee hours of the morning by the ocean. After the pregnancy came to light, the film became a way to introduce Zachary to his father. https://www.saltwire.com//california-couple-want-as-many-/ saltwire.com California couple want as many people as possible to know their story | SaltWire `You gave me a lovely son, and now it's over.'. (Canadian flags; Newfoundland; lake and coast; man in coat; photos of Shirley, and Zachary; Kate, David and Zachary; Shirley, Kate and Zachary; Supreme Court, building; photos of David, Kate, Zachary and Shirley), Mr. BAGBY: Dealing with Turner was like, I don't know, walking around with. murderer in check. With that kind of goodness, anything is possible. Mr. BAGBY: I think it was a rage at the person who did this. Ensure local journalism stays in your community by purchasing a membership today. It would take two weeks. Dear Zachary was named one of the top 5 documentaries of 2008 by the National Board of Review! 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. Lastly, Dear Zachary was screened in Ottawa on March 11, 2009 for various members of Parliament and their staff; as a result, a small but committed group of Parliamentarians are now drafting a bill based on the issues raised in the film. Kurt Kuenne's acclaimed orchestral score for "Dear Zachary", nominated for Best Documentary Score of 2008 by the International Film Music Critics Association, is now available on CD and for digital download. There is a dark pull in watching the Bagby case travel to unanticipated depths, but there are no thrills. But of course I didn't. I was like, `Oh, OK, yeah.' Because this is foreshadowing. 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. 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. They are prophecies. He's a little bleary eyed, but. MORRISON: Despite it all, the Bagbys were thrilled to be living, with Zachary. The tragedy here is that even if you do see it coming, that still doesnt mean you can stop it. report that concluded the child protection system failed Zachary Turner. then one day I realized what it was. 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. The memory of that visit is of a crying Zachary being taken away from them. KATE: And so she said, `Oh, take him and get him dressed,' to me. Shortly after his death, she fled to Canada and settled back in St. Johns. This is not the worst instance in this story of someone seeing something bad coming but not being able to stop it. MORRISON: Andrew's body was discovered the following morning with bullets lodged in his face, buttock, chest, the back of his head. All rights reserved. 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. She just dropped to the floor and laid down, and, I went down after her. He was in, Mr. SHEARS: I would cook supper sometimes when she wasn't around. MORRISON: Life for Andrew Bagby was good. Mr. SIMPSON: You don't need to go out with a woman because you can't think you can do better. He seems to be talking about the unfathomable grief Shirley Jane Turner left behind. iTunes | Amazon Prime Video | Google Play, DEAR ZACHARY ORIGINAL MOTION PICTURE SCORE ALBUM NOW AVAILABLE. It turns out Shirley Jane Turner is pregnant. They quit their jobs and moved from California to Newfoundland. Subscribe here. Every last person who steps foot into a theater to see this will walk away changed. While that change felt good, David wanted more. Published by Statesville Record & Landmark on. GARDNER: (Audio recording) Yes, ma'am, I am. I thought if I do that, I go to prison, maybe Kate. December 4, 2008: Gruesome details, abstruse discoveries, and personal secrets are examined with a seemingly cold and impartial eye in the light of the promise that, if seen rightly, they can yield up a picture of the truth. 1 suspect was his estranged girlfriend, Shirley Turner, also a medical doctor, who was raised in western Newfoundland and was then practicing in Iowa. Andrew's parents say he tried, frequently, to ease out of the relationship altogether, but Shirley wouldn't buy it. KATE: You get a different kind of relationship with God after this kind of. This is a huge step forward in the mission Dear Zachary was created to accomplish. Zachary, I love you, baby. MORRISON: And ultimately she sent him away, with no forewarning. MORRISON: But she was allowed to go back to Newfoundland? Mr. BAGBY: He's now engaged to this lovely girl, and he's going to go to med school. After Newfoundland woman killed their son and grandson, California Family and friends go to extraordinary lengths to honor a legacy of a young man whose trust led to tragedy. We were kind of like, `Well, we're not the best ones to be taking care of a child.' We had to pack up Zachary, Mr. BAGBY: We just climbed right back upstairs and went to bed and melted. While the police investigation was still underway, Turner, a Canadian citizen, packed off to St. Johns, Newfoundland. 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. What a flaky person. As religious as that may sound, that is a comfort. 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. KATE: You were always afraid that she was going to find something. Man #26: and for having the strength to make it through, Unidentified Man #27: With what you've been through, to still be, carrying on, still to hold your heads up and keep going and pushing forward is, (Kate and David; photo of David and Kate), Unidentified Woman #13: I think God put some people down on Earth, Mr. A. BAGBY: (Wedding video) We're brothers, and I love you. (Shirley and Zachary at birthday party; birthday party), KATE: He didn't want to open presents, you know, he wanted to get, down. Ms. TURNER: (Audio recording) I know you don't want to, you don't intend to. There won't be any question about whether she can hurt, MORRISON: Coming up, as David Bagby wrestles with these terrible. 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. 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. You can reach out to David Bagby-cantu via phone number 915-383-8358. (Photo of Shirley; "Canada" on building; T.J. Shears walking), Mr. T.J. SHEARS: My mom was just like, `Oh, hey.' Cpl. Mr. KUENNE: He liked playing bad guys a lot. to let out hints that Shirley Turner was the prime suspect. In that time, it also becomes clear that Andrews fate is in danger of also becoming his sons. Kurt is incredibly grateful for the good folks at MSNBC for making this arrangement happen. Man #14: I admire you and respect you so much for two things. But the tributes Kuenne collected remain the spine of the movie, alternating throughout with exposition of the murder and its aftermath. I, Mr. BAGBY: (Audio recording) Look, we will do what is best for Zachary. We couldnt actually believe shed (harm Zachary), but we consciously feared she could do that, he said. One of those forgettable pieces of solipsistic pseudo-art that is essentially just a scrapbook that was released to the public and then everyone just said it was good because no one wanted to hurt anyones feelings. 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). MORRISON: When T.J. heard about Andrew's murder Mr. SHEARS: I just figure, `OK, well, he was in America. (SPOILER WARNING: Do not watch this short until you have seen Dear Zachary. Highlights from the week in culture, every Saturday. It, (Photo of Shirley; Shirley, Zachary and David; photos of Shirley and Zachary). The Hornet was just back from patrolling . Our 100 journalists strive to inform and improve our East Coast communities by delivering impartial, high-impact, local journalism that provokes thought and action. Unidentified Man #20: The weather here is terrible. He said, `What can happen?'. Bagby Scholarship | Excela Health This marks the first time in history an MP from Newfoundland has been able to get a private member's bill through Parliament; since 2001, 2,510 Private Member's Bills have been introduced in the House of Commons, but only 23 - less than 1% - have received Royal Assent. Mr. BAGBY: Yes. It was made to tell a story and to capture forever the life of one man and the many people he touched. KATE: (Audio recording) Right. MORRISON: Coming up, Andrew dead. 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. 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. September 28, 2008: Dance with the Devil is David Bagby's . They recorded them. And this is where director Kurt Kuenne is really smart. Still grieving the death of their son, the Bagbys moved to Newfoundland and fought for custody of Zachary. Mr. BAGBY: She told the court she was afraid we would harm the baby. Dear Zachary was a hit at Slamdance! On December 15, 2010, Governor General David Johnston gave Royal Assent to Bill C-464: An Act To Amend the Criminal Code (justification for detention in custody), making it law in Canada. MORRISON: But then she claimed she couldn't find it. You can, just--there's nothing. Its a muddled structure, and the film makes frequent aesthetic missteps as well, with frenetic editing, canned music, and heavy-handed imagery. ', Mr. SHEARS: Things happen in America that don't seem to happen up here as. GARDNER: (Audio recording) I'm interested in the gun. But that is what the Bagbys. He was like, `Eh, mm.' Mr. KUENNE: (Kate holding Zachary) Hello, bud. We're churning. MORRISON: The girl was Heather, also an aspiring doctor. It will have its television premiere on MSNBC this fall following a theatrical release that is currently in negotiations and expected to be announced in the coming weeks. The reason we go through the lawyers is so that we. This is how Kuenne represents his emotion at hearing the news that the woman who killed his friend had also killed his friends son. (Kate and Zachary; judge in court; Shirley being escorted from court), Mr. KUENNE: I don't know. Meeting her at 6. But how? I lay in--laid there in bed a couple of times and thought, If I just kill her, Zachary will be safe. We were done," Kate Bagby said, finishing her husband's thought, a quirk of their relationship that became apparent during a several-hour recount of how their lives spiraled out of control after that phone call from police. will not hurt Zachary, period. It wasn't just to monitor the, extradition process. you have anywhere to put that, or that Ms. TURNER: (Audio recording) Not yet. June 25, 2008: MORRISON: You're in turmoil at that point. It turns out Shirley owned a .22 caliber handgun, which she acquired while living in Iowa. MORRISON: Two weeks after Andrew's murder, cell phone records, would show that Shirley Turner drove all the way from Iowa to Andrew's, neighborhood in Pennsylvania, arrived there the day of the murder, and then, she, or at least her cell phone, returned to Iowa. It also took 3rd place in the National Headliner Awards for Best Documentary of 2008, given by the Press Club of Atlantic City. Serious crime is rare in this country. ', 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.' And he'd be like(turns. Digital: iTunes | Amazon | Google Play, Order David Bagby's book Cpl. MORRISON: As Kurt tracked down Andrew's friends for the documentary he was making, he discovered that not a one had anything favorable to say about Shirley. MORRISON: It's no easy thing to be a doctor in America. The album includes "Andrew", the 8 minute concert work Kurt wrote and recorded in Andrew's memory in 2002. Well never understand how anybody can ignore the fact that murderers are dangerous, he said. Andrew Bagby, a gregarious family-practice resident at Latrobe, was found shot to death on Nov. 5, 2001, in Keystone State Park. She called trying to get Andrew when he was here doing a rotation here in California. On a shelf in the California home of David and Kate Bagby, sitting inconspicuously among some lovely china, are two urns. You live your life, you create an entire universe around you, you trundle along, and then FUCK. Except, OK, sometimes not. January 28, 2008: 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. 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 said, `When do you think you'll be done?' Kuenne, a childhood friend of Andrews, started out to make the movie as a tribute to Andrew, but it kept taking on new meanings, first with Zacharys birth and then his death. 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. Mr. BAGBY: By this time we're pretty damn sure she's complete. 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. How the fuck do you live like that? American authorities asked Canadian, authorities to send her back to the US, which would require an extradition, hearing. Kate Bagby - Mothers Against Murder *Verified* | ZoomInfo 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. sixteen years have passed but for the bagbys the story of the deaths of their only son and grandson resurfaces all the time. Nearly 2 decades after the murder of a physician and his son a legacy Laws governing the, rights of defendants are fairly strong in this country, but there's something, about Newfoundlanders in particular which may have contributed to the judge's, decision to grant bail. I couldn't see the point anymore. In the course of the next two yearsas Turners extradition process dragged on, as Bagbys parents moved from California to Newfoundland to fight for custody of the baby, and as the case eventually took an even more terrible turnthe film came to be about those events as well. Except this story is worse. KATE: I thought, `Well, God, this is it.' T.J. and his girlfriend went to bed. especially long work day and dropped himself in front of the television. Complicating things further, she soon announced that she was pregnant with Bagbys child. If I, just kill her, Zachary will be safe. Mr. DAVID BAGBY: I threw the phone at the desk, and I jumped up and just screamed, `No! 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. They are warm. Much of this DATELINE report incorporates material from Kurt's documentary, as well as something else: the childhood films he made as he taught himself his craft. The Bagbys could scarcely believe. David and Kate Bagby know all about the unlikely power of love funneled through rage. He had been shot five times and the No. Parents Kate and David Bagby's story of identifying Andrew's body is devastating. 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. Mr. BAGBY: Oh, this ranks right up there. MORRISON: And go she did, back to Newfoundland, Canada. Hoping to gain custody of the child, the Bagbys moved to Newfoundland. A True-Crime Story That Puts the Victims First | The New Yorker 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. Kuennes fast-talking exposition, while confusing, seems purposeful, as though the murder were a necessary backstory to be pushed through as quickly as possible in order to get to the heart of the narrative: Andrew Bagbys life and how horrible his death was for those who loved him. "In a tragic ending, we bring new beginnings with bail reform so that no other family will have to go through the devastation that Kate and David have gone through," Andrews said. They watched the legal proceedings grind, infuriating and slow. But that didn't erase their unease, or a remarkable feeling, (Shirley and Zachary at birthday party; David), Mr. BAGBY: I considered killing her myself, seriously considered it. When Kuenne narrates the particulars of the crime, the evidence, or the legal proceedings, his voiceover shifts to a stylized, rapid-fire clip, making it easy for the audience to miss key details. (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. Use of this site constitutes acceptance of our User Agreement and Privacy Policy and Cookie Statement and Your California Privacy Rights. They are the opposite of Shirley Jane Turner. I have to tell you that Andrew is dead. I got to see what happens to the bastard who did this. One for such a wonderful young man that you raised. But I used to look at her hand and think, it. I am a young director, producer, stage manager, communicator, and creative organizer for theatre and multimedia artistic endeavors. 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. We need each other, have each other to get through this, added David. This is the first example in this story of someone seeing something bad coming but not being able to stop it. Also foreshadowing is how long it takes Andrews parents, Kate and David, to wade through various levels of bureaucracy to confirm his death. After Zacharys death, the Bagbys began a quest to have Canadas bail laws changed. unforgivable and that's just the way it's going to be for the rest of my life. was that they'd have to accept her daily phone calls. -, "This documentary will rip out your heart and leave you in the snow without a sweater. A Kate Bagby is an Advisory Member at Mothers Against Murder based in Los Altos, California. Well, I was hurt in an, accident. And that was midafternoon. IMDbPro Starmeter. This report aired Dateline Friday, July 23. 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. Its heartbreaking, said Kate, who recalls last seeing Zachary the evening before he was killed. When police interviewed the hospital staff Mr. SIMPSON: I said, `Well, you don't have to look far.' 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. They began a drawn-out court battle to protect their grandson from the woman who had almost certainly murdered their son. (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. The Bagbys, who recently marked their 50th wedding anniversary, say it sustained them for nearly a decade as . The amount of the award will be variable, but is expected to be in the range of $1,000. 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.