KATE: Ah, it was wonderful. Mr. SIMPSON: Things people should know about Andrew, he was never late. And I said, `Who?' The full hour will not be available online. June 25, 2008: Now, she sucked us in here, too. A judge called Andrews murder a vicious crime, but did not consider Turner a risk to others. And I saw that night her malignancy. Former Assistant Pastor at Jackson Community Church. Ms. TURNER: (Audio recording) Then I can't consent to more time right now. This film wasn't made to win awards, or, for that matter, even be criticized. Cpl. 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. People in the audience were literally weeping during the post-screening Q&A." Understood? At least he might have asleep when she went in. Sixteen years have passed but for the Bagbysthe story of the deaths of their only son and grandson resurfaces all the time. By refusing to become the thing they hate, they provide a profound lesson on the power of love and the courage to survive the unthinkable." would now have to be something else, a visual letter to Andrew's baby. April 14, 2009: MORRISON: A couple of hours later, there was another knock at the, Mr. BAGBY: Told us what happened. ', KATE: He's so loved. After arriving home, she drove 900 miles back to Pennsylvania to kill the man who rejected her. MORRISON: After you found out about Andrew's death, the impulse just ended. 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. Shirley asked them to take custody of Zachary while she was gone. American authorities asked Canadian, authorities to send her back to the US, which would require an extradition, hearing. 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. Did anyone have more friends than he? 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. ', Mr. SHEARS: Things happen in America that don't seem to happen up here as. MORRISON: Andrew was the only child of software engineer David Bagby and his wife, Kate, a nurse practitioner. His goal at first was simply to collect memories and tributes from people who were close to Bagby. because it's hard to get off Newfoundland. MORRISON: And then, in the spring of 1995, Andrew found someone, a Newfoundlander, also a doctor in training, a woman named Shirley Turner. How dreadful the knowledge of the truth can be, wrote Sophocles, when theres no help in truth.. 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. March 18, 2008: It was made to tell a story and to capture forever the life of one man and the many people he touched. We're churning. to let out hints that Shirley Turner was the prime suspect. 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. 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). The apparent culprit was a woman named Shirley Turner, whom Bagby had dated but had broken up with on November 4th, in Latrobe, just before putting her on a plane to Council Bluffs, Iowa, where she lived at the time. It left me looking for the impossibility of marking the film above the highest grade available on the festival's voting ballot. MORRISON: You didn't seriously think of--I mean, you talk about this plan Mr. BAGBY: Absolutely. 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. She was, pregnant, and the baby was Andrew's. 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. "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. But they also contribute to the feeling of watching something urgent and unmediated. CORNER BROOK, N.L. David Bagby will be signing copies of Dance with the Devil on Sunday, January 20th, from 3-4 P.M. at Dolly's Bookstore, 510 Main Street, Park City, Utah. Mr. KUENNE: (Kate holding Zachary) Hello, bud. I said, `This woman was in town. 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. Shirley Turner, awaiting, extradition for murder, was out of prison on bail. And when, after his first year at med school, Heather broke off the engagement, Andrew was crushed. It was like Andrew died and then was reborn for a second chance. Ms. TURNER: (Audio recording) I do have a complaint, finally. 10th Anniversary Collector's Edition DigiPak: David and Kate Bagby know all about the unlikely power of love funneled through rage. 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. Also foreshadowing is how long it takes Andrews parents, Kate and David, to wade through various levels of bureaucracy to confirm his death. Believing that even where there is evil, there is also a tremendous amount of good." He said, `What do you mean?' Right, right. 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. Mr. BAGBY: She just kept coming back, and coming back and coming back. 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. I thought if I do that, I go to prison, maybe Kate. But the tributes Kuenne collected remain the spine of the movie, alternating throughout with exposition of the murder and its aftermath. anything like that, would we take care of Zachary? Zachary's life, even talking to her eldest son and his girlfriend about it. It didn't clue in, MORRISON: T.J. says while he was touched that she'd shown up at, the hospital, he was also a little surprised. ', MORRISON: When Dr. Andrew Bagby's bullet-riddled corpse was, found in a Pennsylvania state park in November 2001, his devastated parents. In that time, it also becomes clear that Andrews fate is in danger of also becoming his sons. Why? Mr. BAGBY: That's one of the options, and that's the one we hoped for. But how? Only Kate and David, MORRISON: Perhaps the most irksome part of the deal with Shirley. Well, you dont have to look far, said Dr. T. Clark Simpson, who worked with Bagby. You dont get over it. ), DEAR ZACHARY 10TH ANNIVERSARY HD REMASTERED EDITIONNOW AVAILABLE ON BLU-RAY, DVD, and DIGITAL, For the film's 10th anniversary, Kurt Kuenne remastered "Dear Zachary", its epilogue, and its bonus features for HD, converting the original standard definition elements to HD shot-by-shot, while remixing the film in 5.1 surround, so that it now looks and sounds as originally intended on today's platforms. The other, their grandson, Zachary Turner. That's what Kurt does, he's an independent filmmaker. KATE: On Sunday night I got out of bed and prayed because I thought Andrew was at risk. 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. contributed by david and kate bagby. Woman #11: Doesn't matter what happened. 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. 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. (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. MORRISON: Andrew's body was discovered the following morning with bullets lodged in his face, buttock, chest, the back of his head. Mr. BAGBY: What a flake. Amazon | Barnes & Noble | Walmart, DIGITAL And we came back. -, "Some of the week's biggest flicks aren't at Sundancefilmmakers have praised Slamdance film. 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. MORRISON: The girl was Heather, also an aspiring doctor. They did their best to keep their dark feelings about their son's accused. Unidentified Woman #10: (Kate holding Zachary) Zachary. What a flaky person. DVD: Amazon | B&N thoughts, his wife sees something that rocks her to the core. (Youll never guess who showed up on my doorstep, one of Bagbys friends recalls him saying. Remember these two things as I go on. granddad? -, "**** (Four stars). Kuenne began making Dear Zachary before Turner revealed her pregnancy. I didn't even know why I was going, other than Mom didn't want. How do you represent the fact that this 13-month-olds death was preventable? She would never go away. 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. And thank God. This is not the worst instance in this story of someone seeing something bad coming but not being able to stop it. 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. All rights reserved, Click here for information on becoming a member. KATE: I knew exactly what my son looked at before he died. He says his mother was so often, unavailable, especially from the time she started medical school. This is where the foreshadowed bureaucracy comes back. "This is the purest, most intensely raw film I have ever seen of any kind, dramatic or nonfiction. (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. thing, because up until Andrew was murdered, I was a Pollyanna. View Source Suggest Edits Memorial Photos Flowers Maintained by: Tracy Lane I had this overwhelming feeling. Very, very serious. HEATHER: You are the most amazing, strongest people I've ever. Home video captured what looked like a. typical domestic scene, but beneath these happy images lies a darker truth. (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. Mr. SIMPSON: Andrew, you know you can do a lot better. I cannot stress this enough: this movie frightened and disturbed me more than any horror film I've ever seen in my life. 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. 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. 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.'. 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. This is what that fucking bitch didnt know, David Bagby fumes towards the end of Dear Zachary. Newfoundlanders tend to trust each other, perhaps it's because, generally, With a skilled lawyer on hand to do Shirley Turner's bidding, the. The Bagbys could scarcely believe. She just dropped to the floor and laid down, and, I went down after her. A 10th Anniversary Collector's Edition Blu-Ray and DVD with special artwork and packaging is available only from Oscilloscope Laboratories at the link below. You dont leave it behind. David Bagby David Russell Bagby, 64, of Statesville, passed away Wednesday, Jan. 5, 2022. They are the opposite of Shirley Jane Turner. MORRISON: What was it like to hear that she was going to get out of prison? She landed a residency at a hospital in Iowa, several states away but still close enough to allow occasional weekends with Andrew in Pennsylvania. But it will also introduce you to some of the most inspiring, strong and caring people ever to grace the big screen."" They should have been given custody of Zachary to begin with. See rank. then one day I realized what it was. They are selfless. I had a job I loved. Wait, thats not true, Sophocles came up with it when he wrote Oedipus Rex about a king who unwittingly fulfills a prophecy that foretold he would kill his father and marry his mother, and then pokes out his own eyes because hes in despair and you cant outrun destiny. 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. They were good friends; it was he who Bagby had told about the fatal meeting with Turner beforehand. Lying on my shoulder and looking up at me as if to say, Yes Nan, Im here.. 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. Mr. BAGBY: He's now engaged to this lovely girl, and he's going to go to med school. You can reach out to David Bagby-cantu via phone number 915-383-8358. But of course I didn't. Its a muddled structure, and the film makes frequent aesthetic missteps as well, with frenetic editing, canned music, and heavy-handed imagery. (Trailer park; parking lot; water; Kurt on boat; excerpts from "Dear Zachary"; houses seen through rainy window; Kate and Zachary). My TV-consumption habits for the past several months have been awash in murder, and Netflix knows itwhich is how, fresh from binge-watching Making a Murderer and hungry for more, I recently came across Dear Zachary: A Letter to a Son About His Father. This odd documentarywhich deals with the death of a young physician named Andrew Bagby, who was a childhood friend of the films director, Kurt Kuennemade a small splash when it was first released, in 2008, but its worth revisiting now, in the midst of the recent bonanza of true-crime hits. 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. Screening next at DocuWeek, the International Documentary Association's Theatrical Documentary Showcase. 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. I praise Kurt Kuenne for having the heart and determination to perfectly put together one of the most powerful documentaries I have ever watched. (David and Kate; photo of Andrew by tape being put into recording device; Ms. TURNER: (Audio recording) Are you babysitting? Mr. BAGBY: (Talking in group) This is about making public exactly what, MORRISON: The Bagbys' public outrage had some results. The legal system helped her kill Zachary. 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. We need each other, have each other to get through this, added David. Ad Choices. It brings its own special brand of. you have anywhere to put that, or that Ms. TURNER: (Audio recording) Not yet. And thus the decision from which all else followed. (Supreme Court building; Shirley being escorted from court; photos of Kate and. ', 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.' 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. MORRISON: Coming up, Andrew dead. They began a drawn-out court battle to protect their grandson from the woman who had almost certainly murdered their son. 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. Mr. BAGBY: Shirley killed Andrew. -, "urgent, furiousadmirably well editedthis incredible, well-researched documentary demonstrates the vast gulf one life can leave behind." MORRISON: Kurt and Andrew grew up together in Northern California, where the fledgling director gave Andrew starring roles in some of his earliest ventures. He'd been shot five times, including once in the back of the head, execution style. When police interviewed the hospital staff Mr. SIMPSON: I said, `Well, you don't have to look far.' But the fact that theyre probably killers means they are much more dangerous than the rest of us, probably. sixteen years have passed but for the bagbys the story of the deaths of their only son and grandson resurfaces all the time. (Shirley in court; Supreme Court of Newfoundland sign), Mr. BAGBY: And then they started slogging through the courts with one issue, MORRISON: In the meantime, Andrew's parents made a momentous. Mr. SHEARS: I can remember being really upset and pissed off about that, happening because I had--I had friends here, and I had no time to tell anybody, basically why. HOUSE OF COMMONS UNANIMOUSLY PASSES BILL C-464. MORRISON: Shirley, meanwhile, seemed to be preparing for her, extradition, and perhaps she was looking for a way to exclude the Bagbys from. 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. 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. Oh, my. MORRISON: Even more, the Bagbys' gloom was mixed with worry. Mr. SIMPSON: And he said, `I'm going to need to catch up with you, and we're going to have to do some serious talking.' Oh my god. He said, `What can happen?'. Through a complicated series of delayed hearings and granted bails, Turner remained free for many months while the decision regarding her extradition was in process. I didn't have. Here the grandparents are making nice with the woman they believe killed their, son. I think they just poured all of their love and, MORRISON: A week after Kurt's visit, Zachary turned one. MORRISON: But then things changed. We were kind of like, `Well, we're not the best ones to be taking care of a child.' In initial questioning, Turner claimed to have been home sick in Iowa when Bagby was shot, but cell-phone records showed her placing calls along the thousand-mile highway route between Council Bluffs and Latrobe in the days before and after the murder. He was in, Mr. SHEARS: I would cook supper sometimes when she wasn't around. Blu-ray | DVD, 10th Anniversary Edition: MORRISON: It was August 2003, the wee hours of the morning by the ocean. When Kate reached down to wipe one away, she accidentally knocked out the plug used to mask his facial wound. Slamdance Film Festival book signing! 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. Mommy loves you. And she followed Andrew to St. John's. 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. Dear Zachary is as devastating as it is because it unravels the way bad things unravel in real life. Simpson advised his friend to call the cops and to not under any circumstances meet Shirley Jane Turner alone. (Driving through rainy street; correctional facility sign; Andrew; Kurt, Unidentified Woman #8: They would drive two hours to the jail. 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. 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. If you were to dream up the perfect set of parents, it would be Kate and David Bagby. The Bagbys, who recently marked their 50th wedding anniversary, say it sustained them for nearly a decade as . T.J. and his girlfriend went to bed. 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. was that they'd have to accept her daily phone calls. To revisit this article, select My Account, thenView saved stories, To revisit this article, visit My Profile, then View saved stories. Blu-Ray | DVD, BLU-RAY They hadn't been identified, but it's obvious who they, MORRISON: He was right. It's pretty easy to analyze what the, options are. The album includes "Andrew", the 8 minute concert work Kurt wrote and recorded in Andrew's memory in 2002. I have to tell you that Andrew is dead. Maybe the last time you talked to Shirley there was some very subtle change in tone. We made this place together, we own it together, we run it together. 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.' https://www.saltwire.com//california-couple-want-as-many-/ saltwire.com California couple want as many people as possible to know their story | SaltWire In New York - August 8-14 at the IFC Center, 323 Sixth Avenue at W. 3rd Street. Mr. SIMPSON: You don't need to go out with a woman because you can't think you can do better. Click HERE for ticket information. He said, `What can happen?'. 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. And he was crying, so I went into the ladies room and sat there, KATE: Made her very angry. 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. They still have friends in the province, people Kate said they wouldnt have survived without. But on Sunday, when he drove her to the airport, Andrew made it clear to Shirley it was over for good. 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. Mr. BAGBY: He's now engaged to this lovely girl, and he's going to go to med school. When Bagby said he was going to anyway, Simpson asked him to come to his house right after. We dont do anything related to murder anymore, he said. quiet. We would've done handstands and cartwheels to. Andrew Bagby, a gregarious family-practice resident at Latrobe, was found shot to death on Nov. 5, 2001, in Keystone State Park. This was the situation with Andrews son Zachary. And not just because its real. I dont understand how that can be ignored.. 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. MORRISON: But Shirley would make it tough for Andrew to do that. But their efforts to. Do you understand? I--we both did. 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. In the end, she died, but love did not. Mr. BAGBY: She told the court she was afraid we would harm the baby. 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. MORRISON: The ammunition used to kill Andrew was CCI .22 caliber bullets. When he returned to the States, Shirley showed up soon after. 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.
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