A Canadian-American physician charged with killing a Latrobe Area Hospital doctor has been released on bond in Canada while she continues to fight extradition to the United States.
Dr. Shirley Turner, 41, was released from a women's prison in Clarenville, Newfoundland, on Friday after posting $75,000 bond. She had been jailed since Nov. 14, when a Newfoundland Supreme Court judge ruled she could be extradited to Pennsylvania to face trial for the shooting death of Dr. Andrew Bagby, 28, a first-year medical resident.
Turner, who does not have an attorney, represented herself at a hearing before the Newfoundland Court of Appeals. Her former Canadian attorney filed an appeal on her behalf and then left the case, indicating Turner had run out of money.
As a condition of her bond, she must stay away from David and Kathleen Bagby, the parents of the victim, unless she notifies the Unified Family Court system first. The Unified Family Court only handles family law cases and is similar to family or domestic relations courts.
She also must report weekly to the Royal Newfoundland Constabulary, have a permanent address, surrender her passports and stay within the Province of Newfoundland and Labrador. She must also stay away from seven potential witnesses who may testify for the prosecution in Westmoreland County.
During the extradition hearings, Turner remained free on her own recognizance because she was not charged with any crimes under Canadian law. Turner, who was born in the United States, has children living in Newfoundland, where she grew up.
Crown Prosecutor Michael Madden said Turner is a threat to flee Canadian jurisdiction. But Turner convinced the court she is not a flight risk even though she said she had two passports and enough cash to leave Canada. She also noted that she had attended all previous hearings.
"I realize the alleged crime is horrible. I also know I am innocent of the alleged crime," she said, according to The Telegram, a newspaper in St. John's.
Turner and Bagby were medical school classmates in St. John's and became romantically involved. Last summer, Turner gave birth to Bagby's son, who is being cared for by Bagby's parents. They took the baby to the prison weekly so Turner could see the baby.
Police allege that Turner killed Bagby in Keystone State Park in Derry Township in November 2001 while they were discussing their relationship. Bagby, according to court testimony in Newfoundland, told Turner he wanted to end their relationship at the same time she informed him she was pregnant with his child.
Authorities contend that Turner, while in a jealous rage, shot Bagby five times and left him in the parking lot of the park before she returned to Iowa where she was practicing medicine, police said.
State police linked her to the crime through a weapon and by tracking cellular telephone calls she made during the trip from Iowa to Latrobe.
Several days before state police issued a warrant for her arrest in December 2001, Turner entered Canada. Westmoreland County District Attorney John Peck has been seeking Turner's extradition since then.
Because Turner holds dual U.S. and Canadian citizenship, Peck has had to seek her return through a treaty between the two countries. Even though a judge ruled she could be returned, a final decision whether to send her back will be made by Canada's Justice minister. That decision could come as early as February.
Peck has agreed not to seek the death penalty. If Turner is convicted of first-degree murder in Pennsylvania, she faces life in prison without parole.
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