Dr. Shirley Turner is one step closer to facing trial in Pennsylvania for allegedly killing a Latrobe physician who she claims fathered the child she bore last summer.
Turner, 41, of Council Bluffs, Iowa, has been living in St. John's, Newfoundland, since charges were filed against her last December. She is free while facing extradition to the United States.
Newfoundland Supreme Court Justice Derek Green on Tuesday dismissed arguments by Turner's defense attorney that a Pennsylvania extradition request was defective because some of the evidence gathered by U.S. investigators was not done in accord with Canadian law.
The hearing resumes Nov. 14, at which time Green could rule that the extradition request sought by Westmoreland County District Attorney John Peck is valid. Such a decision would allow Canada's Justice Minister, Martin Cauchon, to make the final decision that would return Turner to the United States to face trial in Greensburg.
In a 30-page decision, Green wrote, "in the factual circumstance of this case, the authority to proceed is not defective" as defense attorney Randolph Piercey had argued.
The citizens of St. John's and other parts of Canada know little about the case or the decision because journalists there are banned from reporting on the extradition process.
Green reminded reporters there yesterday that some parts of his decision cannot be published because they deal with some of the evidence gathered against Turner.
As Turner awaits the outcome of the extradition proceedings, she is looking for work as a physician in Newfoundland.
Turner has listed her name and speciality — family practice — on a Web site for physicians with the Newfoundland and Labrador Health Boards Association. She states she is available immediately for work.
According to John Peddle, executive director of the NLHBA, Turner has a valid license to practice in Newfoundland despite the pending homicide charge against her in Pennsylvania.
"If we knew she lost her license or was barred from practicing here, then no, she shouldn't be listed, but we don't know that, and my guess is if she has a license and someone is willing to hire her, she's eligible to work," Peddle told the St. John's Telegram in Newfoundland last week.
If Green had ruled in Turner's favor, the extradition proceeding would have ended immediately, allowing her to remain in Canada. He also could have permitted U.S. authorities to amend their extradition request in order to comply with Canadian law.
Piercey said an extradition request by a foreign country is tantamount to an indictment. A warrant charging Turner with first-degree homicide was filed in Westmoreland County last year, but she has not been indicted formally by a grand jury, a practice that ended decades ago.
Piercey said the extradition is based on a Canadian legal process known as "authority to proceed," which is a diplomatic action. Peck had to file his extradition request with the U.S. Department of Justice, which passed the request on to Canadian authorities under the terms of an extradition agreement between Canada and the United States.
Turner was born in the United States but grew up in Newfoundland and holds dual citizenships. In order for her to be extradited, Peck had to agree not to seek the death penalty if she is convicted here. Canadian courts will not extradite a criminal suspect if execution is a likely punishment.
Turner and the victim, Andrew Bagby, met in medical school in Newfoundland. She was working in Iowa as a doctor while Bagby was a first-year resident at Latrobe Area Hospital.
State police said Turner, a former high school teacher, and Bagby, 28, were lovers. Police said 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. Police said Turner returned to Iowa but immediately drove back to Pennsylvania where she allegedly confronted Bagby and shot him five times after they met in a parking lot at Keystone State Park last November.
State police investigators were able to trace her movements by tracking the location of cellular telephone calls she made while traveling between Iowa and Pennsylvania.
Larger text
Smaller text
Print this article
E-mail this article
