I kind of. MORRISON: The girl was Heather, also an aspiring doctor. We're churning. 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. MORRISON: Do you find yourself going back and playing that back in your mind? to the house and found a card from a police officer that we knew. 2023 Cond Nast. The Bagbys, who recently marked their 50th wedding anniversary, say it sustained them for nearly a decade as . This is the kind of couple, themselves beloved by hundreds, that produces the kind of son who is beloved by hundreds. 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. KATE: On Sunday night I got out of bed and prayed because I thought Andrew was at risk. But the fact that theyre probably killers means they are much more dangerous than the rest of us, probably. KATE: And she went over in the corner crying, and I gave him back. David Bagby David Russell Bagby, 64, of Statesville, passed away Wednesday, Jan. 5, 2022. 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. 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. After the pregnancy came to light, the film became a way to introduce Zachary to his father. I got to put on the record the fact that I would like a much stronger bill, said David. They are prophecies. 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. This was the situation with Andrews son Zachary. What if she is backed in a. corner? If you were to dream up the perfect set of parents, it would be Kate and David Bagby. | Learn more about Tessa Bagby's work experience, education . . And then we'd do it through the lawyers. He laughs as he recalls images of Zachary running up and down a hall, saying that is a joy. They still have friends in the province, people Kate said they wouldnt have survived without. 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. COLLECTOR'S EDITION DIGIPAK only from Oscilloscope Laboratories:
Maybe the last time you talked to Shirley there was some very subtle change in tone. MORRISON: A couple of hours later, there was another knock at the, Mr. BAGBY: Told us what happened. Digital: iTunes | Amazon | Google Play, Order David Bagby's book This is how Kuenne represents his emotion at hearing the news that the woman who killed his friend had also killed his friends son. he was fussy at all. Corporal GARDNER: (Audio recording) Yeah, Dr. Turner, I'm Corporal Gardner with the Pennsylvania State Police. 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. No less than seven of those friends had asked Bagby to be the best man at their weddings. Because this is where you need it. How do you represent the fact that when you see a crime coming from a mile away you still cant do anything to stop it? The news and opinions youll love for only $10 for 1 year. was that they'd have to accept her daily phone calls. (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. 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. The pair planned to take care of the minutiae of dealing with a lost loved one, fly back to California and kill themselves. "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. Its not the sort of true crime that leaves you wanting more. The other, their grandson, Zachary Turner. If. 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. (Photo of Shirley; "Canada" on building; T.J. Shears walking), Mr. T.J. SHEARS: My mom was just like, `Oh, hey.' You can't tell them this over the phone. I--we both did. Unidentified Man #24: Two I have ever known. When he returned to the States, Shirley showed up soon after. MORRISON: And ultimately she sent him away, with no forewarning. 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'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." December 10, 2007: January 28, 2008: It's. I said, `This woman was in town. 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. 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. This film will be one of the best you're likely to see this year." Click HERE for assistance. ), 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. Its a muddled structure, and the film makes frequent aesthetic missteps as well, with frenetic editing, canned music, and heavy-handed imagery. In Los Angeles - August 22-28 at the Arclight Hollywood, 6360 Sunset Blvd. Mr. KUENNE: I think he was a little scared of me when I first came up. Kind of panic sets in, I guess, and that's when it all hit the fan, I guess. MORRISON: But then things changed. Lori Kaufman rw. This is where the foreshadowed bureaucracy comes back. Mr. SIMPSON: I said, `Do not meet her in private.' granddad? Mr. KUENNE: He warmed up to me as the--as the week wore on, MORRISON: But the Bagbys were especially anxious. You will laugh, you will smile, you will cry, and you might even want to stand up and shout at the screen. He said, `Well, it's 4:30 now. MORRISON: Coming up, a knock at the door, and then the news. Was it a tight bond? The Bagbys were compelled to ensure what happened to their son and grandson never happens again. -, "**** (Four stars). ', Because I know you would be worried if we disappeared for a couple of days or, MORRISON: Was she planning something? Serious crime is rare in this country. They also have Andrews friends, like Kuenne, who remain in their current lives and with whom they can talk about Andrew. Shortly after his death, she fled to Canada and settled back in St. Johns. (David; Kate and Zachary; Shirley and Zachary). Just like Andrew, you know, happy. 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. . She always spent time with him, and seemed to me like she was, MORRISON: Still grieving over the loss of their only son, David, and Kate Bagby had forsaken their lives in California and moved to, Newfoundland, not just to make sure justice was being served, but also to be, (Kate; David; Newfoundland; Supreme Court building; photo of Zachary), KATHERINE: There's this wonderful feeling, `I'm going to see part of Andrew. 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. Couldn't be her. We had negotiated a one-hour-a-week visitation in family court. 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. MORRISON: The rage was tempered with a yearning to know just why Andrew had been assassinated. Mr. BAGBY: Shirley killed Andrew. She was coming here to take care of me. Ms. TURNER: (Audio recording) That you aren't trying to take my place. 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. It's great. HEATHER: I was so excited that he was dating somebody. MORRISON: So different from who Andrew really was, a kind, devoted son who made Eagle Scout at 15. (David and Kate; photo of Andrew by tape being put into recording device; Ms. TURNER: (Audio recording) Are you babysitting? Well, I said, `Bring some beer. Shirley and Zachary, then 13 months old, had been staying with the couple. There was plenty of turmoil in the industry, but many shows continued to nourish, illuminate, and delight. Blu-ray | DVD, 10th Anniversary Edition: The album includes "Andrew", the 8 minute concert work Kurt wrote and recorded in Andrew's memory in 2002. Dear Zachary is as devastating as it is because it unravels the way bad things unravel in real life. 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. Click HERE for ticket information. You know? Sixteen years have passed but for the Bagbysthe story of the deaths of their only son and grandson resurfaces all the time. Blood red screen. It has been our privilege to have the trust and support of our East Coast communities for the last 200 years. will not hurt Zachary, period. 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. A security guard reported hearing a. Mr. SHEARS: When we woke up in the morning, realized they weren't there. Oh, my. IE 11 is not supported. -, "Some of the week's biggest flicks aren't at Sundancefilmmakers have praised Slamdance film. to reconsider getting some help with that. Even during his stilted summaries of events, you can sometimes hear Kuenne choking up. And not just because its real. His father says, I kissed him and held him. -. They are selfless. I said, `Find her, and I think you'll find who did this.'. MORRISON: Ah, but there was a lot to say about Andrew. It then played SXSW in Austin, Texas, where it left audiences stunned and in tears. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Cond Nast. Cpl. ', MORRISON: But they'd have to wait almost a month. Unidentified Man #25: I love them very much. Also foreshadowing is how long it takes Andrews parents, Kate and David, to wade through various levels of bureaucracy to confirm his death. put Zachary on her lap to open presents, and he resists. Its heartbreaking, said Kate, who recalls last seeing Zachary the evening before he was killed. I can understand that. Simpson advised his friend to call the cops and to not under any circumstances meet Shirley Jane Turner alone. MORRISON: In July 2003, a year and eight months after their son's, murder, Andrew's friend, filmmaker Kurt Kuenne, who'd been making the, documentary film for Zachary about the father he'd never know, arrived in. Only Kate and David, MORRISON: Perhaps the most irksome part of the deal with Shirley. TO ME ITS REAL LIFE. Dear Zachary avoids the first pitfall by directly confronting the second. GARDNER: (Audio recording) I have to tell you that Andrew is dead. MORRISON: The Bagbys said that Shirley would later apologize for, her reaction. murderer in check. And I prayed to God to be looking after him. And Turner had said he was a, MORRISON: But there were some caveats. 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. And thus the decision from which all else followed. We were kind of like, `Well, we're not the best ones to be taking care of a child.' Not too long ago? They were somewhat successful with the passing of Bill C-464 in December 2010 with the added clause that bail could be denied if it was deemed necessary for the protection of anyone under the age of 18. He said, `The psychotic bitch. Why? keep him safe, which they feared was about to become even more difficult. Kate Bagby feels her son was too trusting to agree to meet Turner at the park the day he was killed. 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. And he'd be like(turns. He had been shot five times and the No. MORRISON: In Kurt Kuenne's documentary, Clark Simpson, one of Andrew's close friends at the hospital, remembers that November morning just two weeks later when Shirley surprised Andrew again. They should have been given custody of Zachary to begin with. Home video captured what looked like a. typical domestic scene, but beneath these happy images lies a darker truth. They watched the legal proceedings grind, infuriating and slow. 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. report that concluded the child protection system failed Zachary Turner. Bad things tend not to announce themselves, they just kind of land right on your head. The tragedy here is that even if you do see it coming, that still doesnt mean you can stop it. Such choices make for a disorienting viewing experience, especially if youre accustomed to the conventions of slicker documentaries. All rights reserved. Dance with the Devil is David Bagby's . She was here.' They are warm. It stays so close to Bagby and to the people who loved him that theres never any question that its their side of the story being recounted. But the tributes Kuenne collected remain the spine of the movie, alternating throughout with exposition of the murder and its aftermath. How the fuck do you live like that? In that time, it also becomes clear that Andrews fate is in danger of also becoming his sons. 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. Kate says everything seemed to be going smoothly, until here. did. We dont do anything related to murder anymore, he said. Kate went to the floor, and I kicked the door and--oh, we, just--just like with Andrew, there's nothing you can do. The Bagbys have done their best to resume life in California. To revisit this article, select My Account, thenView saved stories, To revisit this article, visit My Profile, then View saved stories. They had to be nice to Turner, to keep her mellow, and not fight with her. Remember these two things as I go on. Except this story is worse. MORRISON: Was it reasonable for the court to trust her? 2015 - 20153 . sixteen years have passed but for the bagbys the story of the deaths of their only son and grandson resurfaces all the time. 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. The Bagbys couldn't have been happier, particularly since. After Zacharys death, the Bagbys began a quest to have Canadas bail laws changed. Mr. BAGBY: (Audio recording) You don't like this answer, but I'm going to, give it to you again. Dear Zachary will have its World Premiere at the Slamdance Film Festival, January 17-25, 2008 in Park City, Utah! We thought of him as a hostage, said David. I would really like for you and Kate. Is it OK? STORY CONTINUES BELOW THESE SALTWIRE VIDEOS. I thought if I do that, I go to prison, maybe Kate. 1 Photo. 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 bill now moves to the Senate where it is expected to be embraced in a similar fashion. Asked if he would have done anything different back then, David replies, kill Shirley Turner.. Kuenne finished his documentary and dedicated it to the memories of both Bagby and Zachary. And I said, `Who?' Shirley. thing, because up until Andrew was murdered, I was a Pollyanna. 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. A court mandate allowed David and Kate Bagby to spend time, with their grandson, babysitting, even sharing in joint activities with. I got to see what happens to the bastard who did this. Did. It wasn't just to monitor the, extradition process. Mr. SHEARS: Mm, yeah. Mr. BAGBY: He's now engaged to this lovely girl, and he's going to go to med school. But on Sunday, when he drove her to the airport, Andrew made it clear to Shirley it was over for good. And one, of the first to see her there was T.J. Shears, the eldest of Shirley's three. KATE: I had a great childhood. Use of this site constitutes acceptance of our User Agreement and Privacy Policy and Cookie Statement and Your California Privacy Rights. By signing up, you agree to our User Agreement and Privacy Policy & Cookie Statement. Subscribe here. David and Kate Bagby know all about the unlikely power of love funneled through rage. Mr. KUENNE: (Kate holding Zachary) Hello, bud. Ms. TURNER: (Audio recording) His parents don't even know, do they? You know what, when Andrew didn't show up at 7:30, I knew something was very wrong. When Kate reached down to wipe one away, she accidentally knocked out the plug used to mask his facial wound. Mr. SHEARS: It seemed like it to me, yeah. Still grieving the death of their son, the Bagbys moved to Newfoundland and fought for custody of Zachary. 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. ', KATE: (Audio recording) Yeah. Andrew's parents say he tried, frequently, to ease out of the relationship altogether, but Shirley wouldn't buy it. Cpl. Skewed imagery. Meeting her at 6. a--with a hand grenade in the kitchen with the pin already pulled. They held their breath. Mr. BAGBY: Constable Walsh asking to call him. Zachary's life, even talking to her eldest son and his girlfriend about it. Dear Zachary was named one of the top 5 documentaries of 2008 by the National Board of Review! They are selfless. They told us that they'd found the body. Dear Zachary was also a hit at Silverdocs, the AFI/Discovery Channel Documentary Film Festival over the weekend of June 21st & 22nd, where both screenings were once again met with standing ovations; Silverdocs nominated Dear Zachary for its inaugural Writers Guild of America Documentary Screenplay Award. It was all incorrect from the beginning, that all this, innocence and everything she's told you was a lie. The reason we go through the lawyers is so that we. 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. "This is the purest, most intensely raw film I have ever seen of any kind, dramatic or nonfiction. This is Defector, a new sports blog and media company. Complicating things further, she soon announced that she was pregnant with Bagbys child. Do you understand? Memorial University Medical School. The Hornet was just back from patrolling . Mr. SIMPSON: Andrew, you know you can do a lot better. And we, would have agreed to anything. She landed a residency at a hospital in Iowa, several states away but still close enough to allow occasional weekends with Andrew in Pennsylvania. Newfoundlanders tend to trust each other, perhaps it's because, generally, With a skilled lawyer on hand to do Shirley Turner's bidding, the. MORRISON: But Shirley would make it tough for Andrew to do that. Its been more than 10 years since the Bagbys have been back to Newfoundland and Labrador. 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. This film was no longer a letter to you, Unidentified Man #23: Well, everybody always says, well, what. (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. Mr. BAGBY: I think it was a rage at the person who did this. This film wasn't made to win awards, or, for that matter, even be criticized. 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.' you have anywhere to put that, or that Ms. TURNER: (Audio recording) Not yet. I would have to dream up some reason to go over, there in the middle of the night, to--for me to just appear on her doorstep, Mr. BAGBY: Turned out I wasn't. helped convince me that she would not hurt 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. David remembers uttering, "It's really him," and recalls how the two cried over the body, tears falling on to Andrew's face. It's pretty easy to analyze what the, options are. Instead, the films dramatic nodes are scenes such as the one in which Bagbys parents, David and Kate, recall going to identify their sons body. 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. It would take two weeks. (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. I only live a block away.' The memory of their son and grandson are never far.. He was in, Mr. SHEARS: I would cook supper sometimes when she wasn't around. They are simply good people. KATE: I thought, `Well, God, this is it.' MORRISON: There might have been a particular reason for this. And I, wanted to scream, `My son's life is on hold forever, and you have the audacity, to apologize to this accused murderer?' Mr. SIMPSON: You don't need to go out with a woman because you can't think you can do better. The strange allure of Robert Durst and The Jinx.. I lay in--laid there in bed a couple of times and thought, If I just kill her, Zachary will be safe. because it's hard to get off Newfoundland. (Kate and Zachary; judge in court; Shirley being escorted from court), Mr. KUENNE: I don't know. would now have to be something else, a visual letter to Andrew's baby. Dr. ANDREW BAGBY: (Wedding videotape) Best man is a little bit of a poor title for these things. David was a . get in there, if that's what she demanded. . Mr. SIMPSON: He said, `You'll never guess who showed up on my doorstep at 5:30.' 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. I just want to get through medical school.'. 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. Ensure local journalism stays in your community by purchasing a membership today. That one comes back a lot. "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. 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.'. 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. The film ends with the Bagbys and their relatives, friends, and colleagues reflecting on the father and son, as well as the . They are the opposite of Shirley Jane Turner. Mr. KUENNE: You know, he said--she said, `Look, I'm not looking for another husband. I cannot stress this enough: this movie frightened and disturbed me more than any horror film I've ever seen in my life. `You gave me a lovely son, and now it's over.'. Newfoundland to meet the now 11-month-old little boy. 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. Now, she sucked us in here, too. It also took 3rd place in the National Headliner Awards for Best Documentary of 2008, given by the Press Club of Atlantic City. 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." I think they just poured all of their love and, MORRISON: A week after Kurt's visit, Zachary turned one. 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. (Photos of David and Kate with Zachary; Shirley being escorted from court). HEATHER: I knew he'd been struggling with me moving on and dating other people. Someone found a car that didn't belong. We were in the way, I guess, of her trying to go to school. It turns out Shirley owned a .22 caliber handgun, which she acquired while living in Iowa. KATE: People thought she was delicate, you know, and looked KATE: She couldn't kill. MORRISON: You're in turmoil at that point. She has to veer away from the image and instead see him as a living being.