Dear Zachary Film Analysis

Dear Zachary directed by Kurt Kunene, is a documentary about a man named Andrew Bagby and the life he led before his ex-girlfriend Shirley Turner murdered him. It was reveled that shrilly was pregnant with Andrews’s child. She gave birth to a boy named Zachary. The documentary follows Bagbys parent’s battle for custody and the progress of Shirley’s conditions. Andrew made the documentary in hope that one day he would be able to show it to Zachary and show him the type of man his father was.

The Text followed the progress of Shirley’s convictions. When Turner learned that she was a suspect in Andrews’s murder investigation, she fled to St. John’s, Newfoundland. It was then revelled that Shirley Tuner was pregnant with Andrews’s child, while her extraction was pending, Turner was not held in custody even though she fled when she found out that she was a murder suspect. Shirley gave birth to a boy named Zachary. Bagbys parents moved to Canada to gain custody of Zachary and to get Turner’s rendition for a trial in the U.S...However, the extradition process was repeatedly prolonged by Turner's lawyers based on legal technicalities. When a provincial court ruled that enough evidence pointed to Turner as Bagby's killer, she placed in jail and Baby’s parents, David and

Kathleen, gained custody of Zachary. In jail, Turner wrote to a judge and unlike a normal legal procedure, she received advice on how to appeal her arrest and imprisonment. Turner was later released by a Newfoundland judge, Gale Welsh, who despite what the film presents as ample evidence that Turner was psychologically disturbed. Judge Gale felt Shirley did not pose a threat to society in general. Turner was released on bail and successfully sued for joint custody of Zachary with the Bagbys, although their arrangement was tenuous. The arrangement ended tragically, on August 18, 2003, Turner jumped into the Ocean with thirteen-month-old Zachary in a murder suicide. The Canadian law system failed at protecting Zachary from Shirley and did not do enough to keep her in incarseration. They first mistake they made was not taking account of her inability to take care of children there was evidence that Shirley physically and emotionally abused two of olden children, Newfoundland social workers interviewed these children and they said that Turner would discipline them with spanking and belting. That case was dropped because Turners second husband claimed Turned only used the belt to threaten her children. Turner and her second husband divorced and she got custody of their daughter, within days of that ruling she sent that daughter to go live with her father, her other two children were sent to live with their paternal grandmother. The second mistake the Canadian justice system made was not taking into account stalking charges against her and her earlier suicide attempt. After turner and her ex-boyfriend broke up she continue sly called him and at one point confronted him and attacked him with a shoe. Her ex-boyfriend then moved away and turner followed him and left him threatening voice messages for the following year. She continued to visit her ex-boyfriends house unannounced. The ex-boyfriend summoned that state troopers on multiple occasions in fear of “what Dr Turner would do next”. Turner’s ex-boyfriend then found her semi-conscious on his front door step, she had ingested over the counter drugs in what may or may not have been a sincere suicide attempt. I believe this is how the Canadian justice system failed Zachary they left him in the care of a person who apparently “did not pose a threat to society in general” yet she had an allegations of child oppose and had attempted suicide outside of a boyfriend’s house who she had stalked for a year. If turner was psychologically disturbed as Judge Gale said why an infant left was in her care. In New Zealand we have Care of Children Act in place to protect children from parents that may cause physical or emotional abuse to their children. Also when a parent facing a murder charge the child or children are place in foster care while their relatives are located but before the children are released into their custody their background are checked to make sure they are capable of raising children, unlike the Canadian system when Turner was able to gain custody of Zachary even thought she had a criminal record and was apparently psychologically unstable.

Custody is a main issue in the documentary. Bagbys parents Kate and David moved to Canada offer they found out that Turner was having Andrews baby wanting to gain custody of their grandson. After Zachary’s birth Turner refused to allow Kate and David to see their grandson, her reason was she feared that they would kidnap him. Turner even discharged her lawyer because of his positive attitude towards the Bagby's. On multiple occasions it was noted that Zachary was unusually detached from Turner and preferred the company of Kate and other adults. This preference was noticeably clear during Zachary first birthday party when he only wanted to be held by his grandmother, Turner then said to them “He obviously loves you more than me, so why don’t you take him”. As seen with her other children Turner was unable to be a nurturing mother and this obviously had an effect on Zachary seeing as when there were other adults present he would rather be with them than with her. The bagboys had to spend time with Shirley to be with Zachary, when this was shown in the documentary I was shocked not only did the Bagboys know that the person who ended their son’s life was not in prison they also had to see her everytume they wanted to spend time with Zachary. I think that Kate and David were extremely brave people for being able to put up with Turner to see their grandchild because I personally don’t believe that I would be able to do that, to be in the same vicinity as the person that took one of my loved ones away, I would not be able to do it but Kate and David were able to and they did and they managed to be civil as well. The love they had for Zachary was undeniable and how they lost custody to a woman found guilty of murder I will never understand.

There was an investigation in 2006 on Zachary’s murder.

The inquiry was led by Dr. Peter Markestyn and he concluded that “Zachary’s death had been entirely preventable and that Zachary should not have been in the care of his mother”. In this inquiry it was discover that Dr. John Doucet guilty of professional misconduct for his involvement in helping post Turner's $75,000 bail in 2001. Doucet was ordered to pay a fine of $10,000 – covering one third of the $30,000 incurred by the College for the inquiry – and was ordered to undergo psychiatric counselling. Doucet said he was "disappointed" by the verdict, while David Bagby stated that he was happy with the precedent his case would be

setting.

Peter Markesteyn criticised Newfoundland and Labrador's social services system for failing to protect the Zachary from his mother, saying "Nowhere did I find any ongoing assessment of the safety needs of the children. Markesteyn said poor communication between social services officials, who worked on the presumption of Shirley Turner's innocence throughout the case and became more concerned for her welfare than for Zachary's”. The Bagby’s became activists fighting for a bill to be passed that “amends the Criminal Code to refuse bail to those charged with serious crimes when necessary to protect the safety of the public, specifically children under the age of 18”. The "Zachary's Bill" was signed on 16th December 2010, the Bagbys find comfort in this hoping that with this law in place no one else will have to go through what they went through. I think that the only good thing that came out of this tragedy was "Zachary's Bill", and its ability to help prevent others from experiencing the grief and heartbreak Kate and David went through.

My response to Dear Zachary was that Zachary’s death was entirely preventable and that he was let down by the Canadian jusictise system and there social workers. There system let Zachary down entirely they left him in the care of a women who was not fit for raising children, she had a history of vindictive behaviour, the reason she was released from prison was because of her psychological behaviour and that it was only a one off incident, yet being a mentally instable person she was able to gain custody of her child who was with with loving and caring grandparents. The entire documentary was well done, you found yourself being told the story of Andrew Bagby and who he was as a person I found myself liking him he had a spark that made you smile, the documentary showed you who he was before it showed you who took him away. My personal opinion of Shirley before you find out that she killed Andrew was that there was something off about her and then it’s revealed she murder Andrew. Zachary death was a surprise in the documentary I was expecting Kate and David to get custody and Turner to stay in Prison. Then suddenly you find out that Zachary dies and it’s a shock to the system this documentary capture exactly how Kate and David would have felt when they found out which is why it has such an impact for myself personally and other. The Canadian justice system let down Zachary but hopefully with this documentary and Zachary’s Bill in place it won’t ever happen again.