An alleged fugitive physician — who authorities say fled to Canada rather than face a murder charge in Pennsylvania — asked a Canadian judge to dismiss a request to return her to Westmoreland County to face trial for killing another doctor.
Newfoundland Supreme Court Judge Derek Green will decide Oct. 8 whether to grant or dismiss the case against Dr. Shirley Turner, 41, of St. John's.
Westmoreland County District Attorney John Peck wants Canada to return Turner to the United States to face prosecution for allegedly killing Dr. Andrew Bagby, 28, who was serving a residency at Latrobe Area Hospital.
Turner is accused of shooting Bagby five times last Nov. 6 after they met in the parking lot of Keystone State Park in Derry Township.
Turner, Bagby's one-time lover, fled to Canada just before Pennsylvania State Police filed a homicide charge against her. She has been waging a lengthy legal battle to remain in Canada and in July gave birth to a child that she claims is Bagby's.
Turner is both a U.S. and Canadian citizen. In order for her to be extradited, Peck had to agree not to seek the death penalty if she was convicted here because Canadian courts will not extradite a criminal suspect if execution is a potential punishment.
Attorney Randolph Piercey said Tuesday that Canadian authorities did not follow proper legal procedure in seeking Turner's extradition.
He argued that an extradition request by a foreign country is legally the same as an indictment and that Turner has not been indicted for homicide in either country although a criminal charge of homicide was filed against her in Westmoreland County. He said the Crown is seeking Turner's extradition based on what is known as "authority to proceed," which he likened to a diplomatic maneuver.
Piercey also said the courts could allow Canadian prosecutors to amend the extradition request to make it comply with Canadian law.
If Green approves the extradition request, that still doesn't mean Turner will soon be returning to Westmoreland County. Piercey said a final decision will be made by the Canadian Justice Minister.
If the minister grants the U.S. request, Piercey said that will allow him another avenue of appeals that could extend Turner's stay in Newfoundland.
Before Canadian courts will grant extradition to another jurisdiction, certain Canadian legal requirements must be met.
First, the crime committed in the United States also must be a crime in Canada. Canadian prosecutors — as their American counterparts — must present enough evidence to convince a judge that a crime has been committed and that the person accused of the crime likely committed it.
After meeting in medical school in Newfoundland, Turner and Bagby, 28, became lovers, according to state police, who say Turner had spent the week with the victim before flying back to Iowa where she was working as a physician.
After telling Bagby she had suffered a miscarriage, Turner allegedly became angry when Bagby reportedly told her he wanted to end their relationship.
Turner returned to Iowa but immediately drove back to Pennsylvania where she confronted Bagby and allegedly killed him. State police investigators were able to trace her movements by tracking the location of cellular telephone calls that she made between Iowa and Pennsylvania.
Turner has been free since she arrived in Canada. Canadian newspapers and the Canadian Broadcasting Co. have not been able to cover the proceedings because Green has imposed a news blackout that prevents reporters from reporting on developments.
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