An Iowa physician who faces a murder charge in Pennsylvania has won the right to continue appealing her extradition from Canada.
Dr. Shirley Turner also will have a government-paid lawyer to help her in her fight to remain there.
The Newfoundland and Labrador Supreme Court of Appeals ruled earlier this month that Turner's appeal of a lower-court decision allowing her extradition "is not frivolous" and said a court-appointed lawyer should be appointed to defend her.
The decision is a setback for Westmoreland County District Attorney John Peck, who has been trying to extradite the 41-year-old doctor since December 2001 for the slaying of Dr. Andrew Bagby, 28, a first-year resident at Latrobe Area Hospital. Peck said he was unaware of the decision but added, "I'm disappointed that the extradition is again delayed."
Turner and Bagby were once lovers. State police contend she shot him five times during a November 2001 meeting at Keystone State Park to discuss the dissolution of their relationship.
Turner, who is living in St. John's, Newfoundland, had been working in Iowa when she fled to Canada just before state police issued a warrant for her arrest. She holds dual U.S. and Canadian citizenship and grew up in Daniel's Harbour, Newfoundland.
After the Newfoundland and Labrador Supreme Court ruled there was sufficient evidence to extradite Turner, she appealed the decision. However, her lawyer would no longer represent her because she had no money. When her application for a court-appointed lawyer was rejected, Turner represented herself and gained her freedom from prison on bond pending a final decision by Canada's Minister of Justice.
The Supreme Court ruled that although Turner is "a well-educated, articulate woman," she is not a lawyer and the legal issues are complex.
"If she is surrendered to (the United States) she will face an extremely serious charge," a justice wrote. "I conclude she needs the assistance of counsel to effectively represent her."
If convicted of first-degree homicide, Turner faces life in prison without parole. In order to remove Canadian objections to her return, Peck agreed not to seek the death penalty if she's convicted.
The court gave Turner two weeks to submit a list of attorneys she would find suitable to represent her.
Turner's former lawyer had tried to block her extradition by arguing that Newfoundland and Labrador Supreme Court Justice Derek Green erred by failing to dismiss Peck's extradition request because the prosecutors failed to "name the offence" under Canadian law. He also argued that Green failed to apply the law as it relates to circumstantial evidence.
Police said Turner returned to Iowa by airplane after visiting Bagby in Latrobe in November 2001. But as soon as she arrived at her home, she drove back to Pennsylvania to confront Bagby about their deteriorating relationship, police allege. State police investigators were able to link Turner to the crime scene by tracing cellular telephone records of calls she made along the trip.
Last July, Turner gave birth to a baby boy she said is Bagby's son. Bagby's parents now have custody of the child.
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