A friend set out to make a home movie for a boy to remember the father he'd never meet. He ended up making one of the most devastating documentaries ever filmed — and helping change Canadian law.
Andrew Bagby was murdered by his ex-girlfriend, Shirley Turner, in November 2001. Turner later gave birth to his son, Zachary, and killed the boy in a murder-suicide in 2003. The case became the subject of the acclaimed 2008 documentary "Dear Zachary" and led directly to a change in Canadian bail law.
A Murder in Pennsylvania
Bagby, a 28-year-old medical resident, was found shot to death in a Pennsylvania park on November 5, 2001, days after ending his relationship with Turner, a fellow doctor nearly 13 years his senior. Suspicion quickly fell on her, and she fled to her hometown of St. John's, Newfoundland, before she could be formally charged.
A Pregnancy Complicates Everything
In Newfoundland, Turner revealed she was pregnant with Bagby's child, born in July 2002 and named Zachary. She was arrested in December 2001 in connection with Bagby's murder but was granted bail — twice, by two different Canadian judges — despite the pending murder case against her, and was awarded custody of Zachary while her extradition to the United States worked through the courts. Bagby's grieving parents, David and Kathleen, relocated to Newfoundland to fight for custody of their grandson and maintain a relationship with him.
A Film Meant for a Son
Andrew's childhood best friend, filmmaker Kurt Kuenne, began collecting home movies and conducting interviews with Andrew's friends and family, originally intending the project simply as a way for baby Zachary to someday know the father he'd never meet. As the custody battle and Turner's continued freedom stretched on, the film's purpose shifted toward documenting the systemic failures allowing her to remain free and in Zachary's life.
Zachary's Death
On August 18, 2003, roughly a month after Zachary's first birthday, Turner drowned herself and 13-month-old Zachary off the coast of Newfoundland in an apparent murder-suicide, just weeks before a hearing that would likely have resulted in her extradition to the United States. A 2006 inquiry by Newfoundland's Ministry of Justice found the province's handling of the case had been inadequate and that Zachary's death had been preventable; the psychiatrist who had helped arrange Turner's bail was separately found guilty of professional misconduct.
A Documentary Released
Kuenne finished and released "Dear Zachary: A Letter to a Son About His Father" in 2008, dedicating it to the memories of both Andrew and Zachary. The film premiered at the Slamdance Film Festival, was later broadcast by MSNBC, and was named one of the year's top five documentaries by the National Board of Review. Kuenne donated the film's profits to scholarships established in Andrew and Zachary's names.
A Law Named for Zachary
The Bagbys, alongside Kuenne, campaigned for years afterward to reform Canada's bail laws. In October 2009, Newfoundland MP Scott Andrews introduced "Zachary's Bill," which received unanimous support in Canada's House of Commons and was signed into law on December 16, 2010, amending the Criminal Code to allow courts to deny bail to violent suspects when a child's safety could be at risk. A 2013 follow-up short film by Kuenne documented the successful campaign to pass the law.
Frequently Asked Questions
Did Shirley Turner ever face trial for Andrew Bagby's murder?
No. She died by suicide, along with Zachary, in August 2003, before her scheduled extradition and trial could take place.
What is "Zachary's Law"?
A 2010 amendment to Canada's Criminal Code, prompted directly by this case, that allows courts to deny bail to violent suspects when doing so could endanger a child.
Is the "Dear Zachary" documentary available to watch?
Yes, it was released in 2008 and remains widely available; a 2013 follow-up short film documents the campaign to change Canadian law.