Canada's Minister of Justice has ordered a Canadian-American physician returned to the United States to face a homicide charge in Westmoreland County for allegedly killing another doctor.
Minister Martin Cauchon ordered the extradition of Dr. Shirley Turner of St. John's, Newfoundland, for the shooting death of Dr. Andrew Bagby, a first-year resident at Latrobe Area Hospital, saying that Canada should "not be a safe haven to fugitives from justice ... ."
Turner, 42, is accused of the Nov. 5, 2001, slaying of Bagby during an argument in the parking lot at Keystone State Park in Derry Township.
Bagby and Turner were medical school classmates in Newfoundland. They also were lovers whose relationship ended during a quarrel that culminated with Bagby being shot five times.
The extradition is contingent upon District Attorney John Peck not seeking the death penalty. In initially seeking Turner's return on Jan. 29, 2002, Peck formally agreed to abandon plans to seek the death penalty if Turner is convicted of first-degree murder. She faces life in prison without parole if convicted.
Turner's extradition had been ordered last year by the Newfoundland and Labrador Supreme Court. She appealed. In rejecting her appeal, Cauchon said "the offenses against her would not shock the conscience or be unjust or oppressive ... ."
He said her status as a physician does not give her special standing and she will have the chance to present a defense in the United States at trial.
Turner has dual U.S. and Canadian citizenship. Although she was born in Kansas, she was raised in Daniel's Harbour, Newfoundland, and attended medical school in St. John's. She was practicing medicine in Iowa when she was charged and fled north just as state police issued a warrant for her arrest.
In his decision, Cauchon noted that Turner "chose to reside in the United States and only returned to Canada following the death of Dr. Bagby."
Turner is represented in this country by attorney Anthony Mariani, of Pittsburgh. He was unavailable for comment yesterday.
Peck said he did not know how long it will take to bring Turner back to Westmoreland because he has not been notified officially by either the U.S. or Canadian governments.
"It's been a long process and it's been very trying for the family of the victim," Peck said. "I'm happy to see we're going to make some progress extraditing the defendant back to Pennsylvania."
As far as Canadian demands for further assurance that Turner would not be executed if she returns, Peck said he will "provide those assurances to them again."
Cauchon said Turner will be allowed to make arrangements to care for her children before surrendering.
Turner had argued that the evidence against her was "entirely circumstantial" and "flimsy." She contended she would not be able to receive a fair trial in Greensburg because of media attention and would not be granted bail to care for her four children. There is no provision for bail for defendants charged with first-degree murder.
Her defense attorney cited her as someone "who has contributed greatly to her community where she is highly regarded and could make a valuable contribution to Canadian society as a doctor, teacher and human being if her surrender were refused."
Cauchon noted Pennsylvania law will ensure she is tried by an impartial jury and able to present a defense and evidence.
"Based on the information I have been provided with, I am not satisfied that Dr. Turner will not receive a fair trial," Cauchon added.
Turner visited Bagby in Latrobe in November 2001, then flew back to Iowa. State police allege in the arrest warrant that Turner immediately drove back to Pennsylvania with a gun and showed up at Bagby's apartment, which was across the street from the hospital.
After work, Bagby agreed to meet Turner at the state park. Investigators allege that Bagby, who had been dating a hospital employee, wanted to break off the relationship after Turner told him she was pregnant with his child. Police believe Turner became enraged and shot Bagby, who was found still wearing his hospital identification badge. Turner gave birth to a son last summer.
State police criminal investigators were able to track Turner's route back to Pennsylvania by tracing cellular telephone calls she made along her journey.
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