If you were to dream up the perfect set of parents, it would be Kate and David Bagby. STORY CONTINUES BELOW THESE SALTWIRE VIDEOS. That's what Kurt does, he's an independent filmmaker. MORRISON: How did you find out what happened, how he had been killed? 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. January 28, 2008: 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. Shirley, held his birthday party at McDonald's. 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. I said, `This woman was in town. The International Film Music Critics also nominated his musical score for Best Documentary Score of 2008. Cpl. 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. Dear Zachary has been announced as the first film to launch the newly formed MSNBC Films division of MSNBC. He said, `What can happen?'. December 15, 2009: We couldn't let the authorities who let this happen get away with it. 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). Purchase the book here: Amazon USA | Amazon Canada, To read more reviews, visit our Press Archive, ZACHARY'S BILL (BILL C-464) BECOMES LAW IN CANADA, (Click HERE to read a letter to viewers from David & Kate Bagby.). Unidentified Woman #11: I love them very much. They've retired, hang out with friends and travel a bit, David Bagby said. 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: Oh, this ranks right up there. For one thing, Shirley, required the Bagbys to bring Zachary to visit her once a week in jail. The committee passed the bill unanimously, which is how it came to be heard in the House for a final vote this week. Mr. SIMPSON: Things people should know about Andrew, he was never late. Mr. KUENNE: I think he was a little scared of me when I first came up. The Bagbys were compelled to ensure what happened to their son and grandson never happens again. There won't be any question about whether she can hurt, MORRISON: Coming up, as David Bagby wrestles with these terrible. She was, pregnant, and the baby was Andrew's. Mr. BAGBY: (Audio recording) Just got up. One for such a wonderful young man that you raised. -, "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. Now that Zachary was starting to walk, he was free to make a beeline to. get in there, if that's what she demanded. Serious crime is rare in this country. 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. For an optimal experience visit our site on another browser. 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. It also took 3rd place in the National Headliner Awards for Best Documentary of 2008, given by the Press Club of Atlantic City. Family and friends go to extraordinary lengths to honor a legacy of a young man whose trust led to tragedy. Subscribe here. KATE: I knew exactly what my son looked at before he died. (Shears; photo of Shirley, Zachary and Shears; Shears walking), Mr. SHEARS: Suddenly everything rushes into you, and you realize that she, did murder Andrew. It turns out Shirley owned a .22 caliber handgun, which she acquired while living in Iowa. They are warm. (David; Kate and Zachary; Shirley and Zachary). Shirley. MORRISON: Andrew Bagby. Mr. SHEARS: When we woke up in the morning, realized they weren't there. Right? But it will also introduce you to some of the most inspiring, strong and caring people ever to grace the big screen."" 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. MORRISON: The ammunition used to kill Andrew was CCI .22 caliber bullets. One contains the remains of their son, Dr. Andrew Bagby. HEATHER: I knew he'd been struggling with me moving on and dating other people. 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. They told us that they'd found the body. Ms. TURNER: (Audio recording) Or what about the one of me and Andrew? MORRISON: You're in turmoil at that point. This is what that fucking bitch didnt know, David Bagby fumes towards the end of Dear Zachary. We had negotiated a one-hour-a-week visitation in family court. decision. Here the grandparents are making nice with the woman they believe killed their, son. Kuenne finished his documentary and dedicated it to the memories of both Bagby and Zachary. Unidentified Man #24: Two I have ever known. MORRISON: A couple of hours later, there was another knock at the, Mr. BAGBY: Told us what happened. We dont do anything related to murder anymore, he said. 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. Hello. Mr. BAGBY: (Audio recording) (Unintelligible). What do you want it Mr. BAGBY: Very seriously. Andrew came to St. John's. But they also contribute to the feeling of watching something urgent and unmediated. Couldn't be her. And so, on August 18, 2003, Shirley Jane Turner kills Zachary. anything like that, would we take care of Zachary? It has been our privilege to have the trust and support of our East Coast communities for the last 200 years. Ms. TURNER: (Audio recording) Well, I have that for protection. By signing up, you agree to our User Agreement and Privacy Policy & Cookie Statement. -, "Demonstrates independent film at its finest." 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. 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. His goal at first was simply to collect memories and tributes from people who were close to Bagby. 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. They might as well have sent a taxi to her to help take him out and drown him. I had a job I loved. And that's when she said, `He loves you, more than me. Corporal GARDNER: (Audio recording) Yeah, Dr. Turner, I'm Corporal Gardner with the Pennsylvania State Police. It comes down to probable cause, the right to bail and the presumption of innocence. Mr. BAGBY: Yes. would be the difference if one person weren't alive? The next, hearing in the extradition process was set for September, at which time they. Memorial University Medical School. Mr. SHEARS: It seemed like it to me, yeah. You will hurt and this film will sit with you for days, weeks, months. There was no way to stop Andrews murder, but there was no way to walk away from Zacharys body and just say hmm, okay, move on," said David. What if she is backed in a. corner? MORRISON: But she was allowed to go back to Newfoundland? (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. She would never go away. 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 wasn't just to monitor the, extradition process. her. He seems to be talking about the unfathomable grief Shirley Jane Turner left behind. The victims choices, preferences, actions, and relationships are either boiled down to a heap of clues and red herrings, or offered as a backdrop in a spirit of dutiful empathy before getting down to the business at hand. Man #14: I admire you and respect you so much for two things. Ms. TURNER: (Audio recording) I do have a complaint, finally. They are prophecies. Dear Zachary has been acquired for theatrical release and DVD distribution by the newly formed Oscilloscope Pictures, and will be released in New York on October 31st, and in Los Angeles and Chicago on November 7th. 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. -, "urgent, furiousadmirably well editedthis incredible, well-researched documentary demonstrates the vast gulf one life can leave behind." The memory of that visit is of a crying Zachary being taken away from them. MORRISON: And go she did, back to Newfoundland, Canada. GARDNER: (Audio recording) Yes, ma'am, I am. If a suitable candidate is not identified, the award will not be given for that year. A security guard reported hearing a. Mr. SHEARS: When we woke up in the morning, realized they weren't there. And now it's just. August 5, 2008: MORRISON: The sea at midnight was endless black. 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. (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. 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. If she had her way, we would not have had any visitation at, MORRISON: Coming up, fighting not just to see their grandson, but. Ms. TURNER: (Audio recording) Then I can't consent to more time right now. (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. (David speaking to reporters; Kate speaking to reporters; David on radio show; "Dear Zachary" poster; Kurt editing video; photo of Andrew; photo of Zachary; Mr. KUENNE: I almost gave up making this film when you were, killed. You can't tell them this over the phone. 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. MORRISON: Shirley also claimed to have been at home in Iowa, sick in bed the day of the murder. Except, OK, sometimes not. (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. MORRISON: Andrew's best friend, filmmaker Kurt Kuenne, suddenly, just knew what he had begun as a small film to memorialize his old friend. Laudable ambition, difficult to achieve. 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. I'm just looking for somebody to hang out with and have fun here in school.' I had a husband I loved. There was plenty of turmoil in the industry, but many shows continued to nourish, illuminate, and delight. Mommy loves you. We're churning. Now armed with a powerful tool, "Dear Zachary: A Letter, to a Son about his Father," the tribute film Kurt Kuenne started making, first. When Bagby said he was going to anyway, Simpson asked him to come to his house right after. Dear Zachary is now available on DVD! don't have these meltdowns and emotional scenes. 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. There were moments when something happened that had my heart beating so fast I became lightheaded and had to refocus myself. They quit their jobs and moved from California to Newfoundland. But something kept me going, and. MORRISON: Because Zachary liked you best? the water. ', Mr. SHEARS: Things happen in America that don't seem to happen up here as. It's pretty easy to analyze what the, options are. Former Assistant Pastor at Jackson Community Church. MORRISON: Ah, but there was a lot to say about Andrew. children, who had recently been in a bad car accident. We need each other, have each other to get through this, added David. 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. (Trailer park; parking lot; water; Kurt on boat; excerpts from "Dear Zachary"; houses seen through rainy window; Kate and Zachary). And if they don't charge her, they had no way to restrict her travel. Dance with the Devil is David Bagby's . Dear Zachary: A Letter to a Son About His Father sounds like the kind of movie I would never want to see, which is why it took me so long to actually see it. Ms. TURNER: (Audio recording) Are you sure? He said, `The psychotic bitch. We were in the way, I guess, of her trying to go to school. His medical studies in Newfoundland were complete. Click HERE for ticket information. This is the kind of couple, themselves beloved by hundreds, that produces the kind of son who is beloved by hundreds. (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. Kate said Shirley insisted on keeping Zachary in, the deep pool, which frustrated him because he couldn't move on his own. granddad? What a flaky person. Mr. BAGBY: He's now engaged to this lovely girl, and he's going to go to med school. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Cond Nast. Now, she sucked us in here, too. His father says, "I kissed him and held . She was coming here to take care of me. MORRISON: When somebody tells you that your mother may have--was a suspect Mr. SHEARS: No, it has to be a mistake. The reason we go through the lawyers is so that we. 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. Read the DocuWeek Q&A with writer/director/composer Kurt Kuenne HERE. in honor of his beloved friend Andrew, and then for Andrew's son, Zachary. I'm just curious Ms. TURNER: (Audio recording) Yeah, and I wanted to know for safety. Do you feel all right about putting, MORRISON: Safe and warm inside the Bagby house, as the gales of a, Newfoundland winter raged outside, the inevitable happened. MORRISON: Even more, the Bagbys' gloom was mixed with worry. Mr. BAGBY: We fret and worried and everything. Information on who and where to write can be found on the "Support Bail Reform" page. That child was Zachary, to whom the film is addressed. They are simply good people. You know when you see pictures of some of your friends and then pictures of their parents as kids and they look identical? Mr. BAGBY: The police didn't give us very much information, but they started. thoughts, his wife sees something that rocks her to the core. Both screenings were sold out and received sustained standing ovations, an exceptionally rare event in the 14 year history of Slamdance. But I used to look at her hand and think, it. The Bagbys, who recently marked their 50th wedding anniversary, say it sustained them for nearly a decade as they struggled to come to terms first with the 2001 slaying of their 28-year-old son, Dr. Andrew Bagby, and later with the murder of Andrew's son, 13 . But he was moved to honor his friend the best way he knew how, by making a film. Amazon | B&N Dear Zachary: A Letter to a Son About His Father (2008) 1 Video. IMDbPro Starmeter. A court mandate allowed David and Kate Bagby to spend time, with their grandson, babysitting, even sharing in joint activities with. 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. We'll keep this website updated as to their progress when there is news. This is the attention thing I was talking about. -, "**** (Four stars). 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. It's great. It would be kind of upsetting, I guess, to let your son spend time. Turner killed herself and Zachary before she could be tried for murder. So he came straight for me. RELATED:California filmmaker remasters documentary on the lives and murders of Andrew Bagby and Zachary Turner. Mr. KUENNE: He liked playing bad guys a lot. 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. Dance with the Devil: A Memoir of Murder and Loss: Authorities later determined his former lover Dr. Shirley Turner,. I'm absolutely sure. 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. Andrew's parents say he tried, frequently, to ease out of the relationship altogether, but Shirley wouldn't buy it. 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. 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. 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. Its best to watch Kuennes documentary without too much background, but the basic setup is this: On November 6, 2001, Andrew Bagbys body was found, shot five times, in a park near Latrobe, Pennsylvania, where Bagby lived. Cpl. 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. Mr. BAGBY: That's one of the options, and that's the one we hoped for. And that was midafternoon. 10th Anniversary Collector's Edition DigiPak: ', Because I know you would be worried if we disappeared for a couple of days or, MORRISON: Was she planning something? Shirley Turner had some startling news. ', KATE: (Audio recording) Yeah. he was fussy at all. MORRISON: Kurt and Andrew grew up together in Northern California, where the fledgling director gave Andrew starring roles in some of his earliest ventures. Without access, without favor, without discretion, and without interference. You live your life, you create an entire universe around you, you trundle along, and then FUCK. 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. 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. Why? "One of the best documentaries I have ever seen in my entire life a film that will rock you to your core. Mr. BAGBY: We were out shopping or something. Blu-ray: While the police investigation was still underway, Turner, a Canadian citizen, packed off to St. Johns, Newfoundland. Hoping to gain custody of the child, the Bagbys moved to Newfoundland. This is where the foreshadowed bureaucracy comes back. 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. Zachary didn't seem like. They held their breath. murderer in check. It then played SXSW in Austin, Texas, where it left audiences stunned and in tears. Bagbys wondered if there might ever be an extradition hearing. David was a . 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. MORRISON: After you found out about Andrew's death, the impulse just ended. They are selfless. It was made to tell a story and to capture forever the life of one man and the many people he touched. If you didnt realize the importance of that, Kuenne mutes the film to let you process it. But he was accepted here, St. John's, Newfoundland, the easternmost point in North America. The tragedy here is that even if you do see it coming, that still doesnt mean you can stop it. Unidentified Man #21: (Talking in group) I know. Check your local listings for channel info. Well, you dont have to look far, said Dr. T. Clark Simpson, who worked with Bagby. 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. This couple have endured more grief and pain that most people will endure in a lifetime. -Drafted and finalized press releases, articles, annual reports, websites, earnings releases and investor . And I, wanted to scream, `My son's life is on hold forever, and you have the audacity, to apologize to this accused murderer?' They could check cell towers then, but only manually. The amount of the award will be variable, but is expected to be in the range of $1,000. This is the kind of couple, themselves beloved by hundreds, that produces the kind of son who is beloved by hundreds. (Talking in group) This is not about money. then one day I realized what it was. 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. 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. KATE: It was shocking, but not a surprise. MORRISON: And now that she was freed, Shirley would once again, Mr. BAGBY: We had to take him down the stairs and give him to, Shirley's friend, who happened to have a car seat. With that powerful, evidence, Shirley Turner was formally charged with Andrew's murder and, arrested by Newfoundland police. So we called, and he came over and told us that Zachary and Shirley were. I had this overwhelming feeling. This was the situation with Andrews son Zachary. 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. May 16, 2008: Dear Zachary recently won the Sigma Delta Chi Award for Best Documentary of 2008 from the Society of Professional Journalists. news about his mother and baby brother, and was slammed with instant blowback. But their efforts to. The Bagbys attended the hearing, of course, and, could not quite believe their ears when they heard the judge's ruling. Understood? This is the first example in this story of someone seeing something bad coming but not being able to stop it. . David and Kate Bagby know all about the unlikely power of love funneled through rage. Ms. TURNER: (Audio recording) It's either in my closet or my bedroom. David Bagby wrote Dance with the Devil: A Memoir of Murder and Loss, a best-seller in Canada in 2007, about his family's ordeal. The Hornet was just back from patrolling . 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 were good friends; it was he who Bagby had told about the fatal meeting with Turner beforehand. 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. You were done. Mr. KUENNE: (Kate holding Zachary) Hello, bud. MORRISON: Do you find yourself going back and playing that back in your mind? Such choices make for a disorienting viewing experience, especially if youre accustomed to the conventions of slicker documentaries. In that time, it also becomes clear that Andrews fate is in danger of also becoming his sons. They raised a wonderful, Unidentified Man #26: Thanks for bringing such a wonderful person. Bad things tend not to announce themselves, they just kind of land right on your head. 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. Turner, the daughter of a U.S. serviceman and a woman from St. Anthony, met Andrew while they were attending medical school at Memorial University in St. Johns. -, "When this haunting, shattering film made its premiere at Park City's Slamdance Film Festival, it received the most sustained ovation of any film I saw this year in Park City. The bill now moves to the Senate where it is expected to be embraced in a similar fashion. ', MORRISON: When Dr. Andrew Bagby's bullet-riddled corpse was, found in a Pennsylvania state park in November 2001, his devastated parents. She. In New York - August 8-14 at the IFC Center, 323 Sixth Avenue at W. 3rd Street. GARDNER: (Audio recording) I have to tell you that Andrew is dead. with a supervisor, and we had to be searched. See rank. 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. 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. And one, of the first to see her there was T.J. Shears, the eldest of Shirley's three. Unidentified Man #22: We will develop policy specific to children.
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