Tonight I watched a 2008 American documentary film called “Dear Zachary: A Letter to a Son About His Father” created by Kurt Kuenne. I am astounded, appalled and horrified at how once again the Canadian justice system failed to protect the victims of a criminal act, choosing to protect the criminal instead; thus not stopping a death which could have been prevented.
About the Film:
Kurt Kuenne a filmmaker and long time friend of Andrew Bagby set out on a mission to celebrate Andrew’s life by interviewing relatives, friends and associates who had known him making it into a film about Andrew. Shortly after finding out about Zachary, however; his plans changed and Kuenne turned the documentary into a scrapbook for the son who never knew his father.
The film first premiered at the Slamdunce Film Festival and was shown throughout the country at Cinequest Film Festival, South by Southwest, Hot Docs Canadian International Documentary Festival and a bunch more. It went into limited theatrical release in the United States in selected metropolitan areas and was broadcast by MSNBC on December 7, 2008. All proceeds of the film have been donated to a scholarship in the names of Andrew and Zachary Bagbay.
Plot Summary (Spoilers):
Andrew Bagby was a good man, loyal friend and the loving son of David and Kate Bagby. Bagby is a 28 year old medical student when he meets Shirley Jane Turner, a twice-divorced Canadian American general practitioner who is thirteen years older. At first all of Andrew’s friends and family are suspicious of the relationship between the two of them but then grow supportive as Bagby is pursuing his studies. However, their turbulent relationship eventually falls apart and Bagby decides to end it after relocating back to his home country, the United States. Shirley a sociopath is so angered at being dumped she drives 1600 miles to Latrobe, Pennsylvania where she murders Bagby on November 5, 2001 by shooting him numerous times in a local parking lot.
After hearing the news, Bagby’s family and friends immediately advise the police to conduct an investigation on Shirley Turner. The police accumulate extensive evidence against Shirley Turner and arrest her. She is released on $75, 000 bail when she decides to flee to her hometown of St. John’s, Newfoundland to avoid prosecution. She then announces that she is 4 months pregnant with Andrew’s son, who she eventually names Zachary. A long drawn out custody battle ensues by Bagby’s parents David and Kathleen who decide to relocate from Sunnyvale, California to Newfoundland, determined to gain custody of their grandson. Shirley continues to fight extradition to the United States by the Canadian courts constantly being released on bail. Eventually incarcerated, Shirely is released on bail once again after Judge Gale Welsh feels that she “poses no threat to society” although she has a long history of psychopathic tendencies and has committed intentional murder. Shirley regains custody of Zachary, separating him once again from his grandparents and ensuing yet another custody battle. Shortly after, the unstable socio-path Shirley Turner commits suicide murdering her son Zachary on August 18, 2003 after poisoning the infant and then plunging into the Atlantic Ocean with the baby strapped to her chest.
After watching this film I can personally say that all of my heart goes out to Kate and David Bagby as well as all of their family and friends. What was committed was a terrible atrocity that I hope nobody else will ever have to experience. Kate and David you two are truly some of the strongest human beings on this earth and I am blown away by your dedication to this case, along with your amazing strong will and spirit. We need more angels like you.
I urge everyone to please watch this film.
*UPDATE*
David and Kathleen both became political activists in Canada after going through this dramatic never-ending journey. Their main goal is fighting for stricter laws against sociopaths and for better child care protection laws. Most recently as of March 17, 2010, the Bagby’s along with Labrador Liberal MP Scott Andrews and representatives from the Canadian Resource Center for Victims of Crime addressed the commons Justice committee in Ottawa introducing the Bill C-464. This bill gives the courts the power to justify refusing bail to people accused of serious crimes in the name of protecting their children ages 18 and younger; keeping them away from sociopaths like Shirley Turner. Passing unanimously, the bill now goes through the House of Commons for a third reading and review. If MPs support this bill, then the draft legislation will be passed to the Senate. Help the Bagby family and write to your local MP asking them to support this bill. Visit www.dearzachary.com and click ‘support bail reform’ for more information! Let’s keep our children safe.
*UPDATE*
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). The bill now moves to the Senate where it is expected to be embraced in a similar fashion. 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. 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. The committee passed the bill unanimously, which is how it came to be heard in the House for a final vote this week.
***UPDATE****
BILL IS NOW A LAW!!!!!!
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. 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. The bill has added an amendment to Canada’s criminal code giving courts the right to refuse bail to someone charged with a serious crime who is deemed a potential danger to children under the age of 18.
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.
A huge thanks to MP Scott Andrews, Ken Carter, MP Peter Stoffer, Senator Tommy Banks, Therese Gauthier, Gord McIntosh and all of those in Parliament who have seen across party lines and supported the bill.
Click HERE to read a letter of thanks to viewers from David and Kate Bagby
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