Canada's bail law subject of Bagby film
When filmmaker Kurt Kuenne arrived at Parliament Hill in Ottawa, Ontario, in March, his hope of making a difference in Canada's bail laws faded.
Only 35 of the 415 senators and elected members of Canadian Parliament attended a private screening of "Dear Zachary -- A Letter To A Son About His Father," a documentary Kuenne directed.
The film suggests that Canada's lax bail laws contributed to the 2003 drowning death of a toddler at the hands of his mother, who was accused of murdering the child's father, Andrew Bagby, a 28-year-old physician at Latrobe Area Hospital.
"I was hoping a lot more members of Parliament would come; we invited them all," said Kuenne of California, a childhood friend of Bagby.
One who did attend the screening was Scott Andrews, a first-year member of Parliament. The film touched Andrews deeply.
"I told the Bagbys and Kurt I'd be pursuing a bill to see that something like this never happens again," said Andrews, elected in 2008 to represent Newfoundland and the Labrador electoral district of Avalon.
On Nov. 5, 2001, Bagby met with his former lover, Dr. Shirley Turner, then 40, at Keystone State Park in Derry Township. Early the next morning, Bagby's body was found near his parked car. He suffered a blow to the back of the head and his killer shot him five times, state police said.
Turner, also a physician, had learned Bagby was dating another woman. Police believe she killed the doctor after he ended their relationship.
Turner, a Canadian citizen, fled to St. John's, Newfoundland, after state police charged her with Bagby's murder. She fought extradition to Greensburg and a possible sentence of life in prison.
In 2002, Turner gave birth to Bagby's son, Zachary Andrew Turner. Though she was charged with killing the boy's father, Turner remained free on bail.
On Aug. 17, 2003, she threw herself and 13-month-old Zachary off a wharf into the Atlantic Ocean, drowning them both.
Kuenne's film shows the painfully slow prosecution of Turner in Canada and the grief of Andrew Bagby's parents, David and Kathleen Bagby of California, who had moved to St. John's and tried to gain custody of Zachary before the murder-suicide.
"Kate, David and I got up after the screening, and I told the members of Parliament that this film is my best argument for what I think should happen to stop something like this from happening again," Kuenne said.
Bill C-464, under consideration by Canadian Parliament, would revise the country's bail code to justify detention of suspects of violent crimes who pose a potential danger to their minor children.
"It's a wonderful first step, and I hope to see this bill pass for the sake of both Zachary and Andrew," said Kuenne, who shipped 415 copies of the film to Sen. Tommy Banks of Alberta to give to each senator and member of Parliament.
A press conference will be held Friday in St. John's to update the status of the proposed bill as it moves toward a vote.
In the meantime, the film, which has aired on MSNBC, is now airing on CBC Newsworld in Canada.
"At the core of 'Dear Zachary' is an issue that is critical to the Canadian people, and it just made sense to help Kurt tell his story to those who might benefit and learn the most," said Elise Warner, MSNBC senior producer.
In the coming year, an hourlong segment about the film will be aired on NBC's "Dateline."
Since enduring the loss of their only child and grandson, the Bagbys spend much of their time helping others who have lost children to violent crime by guiding them through the long and often frustrating judicial process.
The Bagbys said they'll do whatever it takes to help the proposed Canadian bill become law .
"That would be satisfying," David Bagby said. "It's not nearly enough to make up for the loss of our son and Zachary, but nothing ever really will be."
