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Barbara Kurth DUI #1 - 10/14/78

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Click here or scroll down to view the transcriptions for these documents.

Commentary:

This page shows the public documents for one of the three known Barbara Kurth DUIs that she pled guilty to. These and the other two sets of DUI documentation revealed at this website counter Barbara Kurth's statements denying DUI convictions. One example of such denial would be her statement in the May 16, 1998 Palm Beach Post where she is quoted as saying, "I wasn't convicted of any kind of driving under the influence. They won't have convictions. As usual, they don't have the documents proving anything they are saying."

While Stephen Fagan's grave concern for the children's safety was based on certain knowledge of Barbara Kurth's drinking problem, the DUI documentation was not available to him at the time of the custody case, and the court ignored the testimony of Kurth's neighbors describing her frequent inebriation. The so-called investigation ordered by Family Services did not even include speaking with the three neighbors who witnessed the abuse and called the police.

In one DUI incident Kurth's blood alcohol level was .25, over three times today's legal limit, while driving with the children, then ages one and four. Had Stephen Fagan not chosen to take extraordinary action, the children would have likely continued to be subject to such extreme danger, with the high potential for disastrous results. Kurth told the court she did not have a drinking problem in spite of these three convictions which she kept secret and which Stephen did not know about at that time. The high blood alcohol levels of the DUIs also underline the baselessness of the narcolepsy defense.

According to Kurth neighbor Helenmary Wilk's affidavit regarding neglect and intoxication, she also states that "Barbara told me that her husband, Warren Waugh, was leaving for California, that she had his ticket, and that she intended to join him there with the children." If Stephen Fagan had not acted before Kurth left with the children, he feared that the opportunity to protect the children from tragedy would have been lost.

The original DUI documents follow, with easier-to-read transcripts immediately following, or click here to skip down to the transcripts.

Source Document:

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Barbara Kurth DUI #1 10/14/78 Page 1 of 3

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Barbara Kurth DUI #1 10/14/78 Page 2 of 3

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Barbara Kurth DUI #1 10/14/78 Page 3 of 3

Transcriptions:

AFFIDAVIT

STATE OF VERMONT     

Chittenden.........County S.S.     

NOW COMES Lawrence DiCecco, affiant, being duly sworn and on oath, deposes and says he has probable cause to believe that Barbara E. Fagan has committed the offense of Driving while Intoxicated, a violation of Title 23, Vermont Statutes Annotated § 1201 (a)(1).

1) On October 14, 1978 at about 1730 hours Mr. Duff Wheeler came to the Shelburne Police Office and reported that two vehicles were driving in a careless manner. These two vehicles had pulled off to the side of the road just north of the intersection of Route 7 and Harbor Road.

2) Upon arrival a Barbara E. Fagan, D.O.B. September 4, 1949 was found to have been involved in a minor accident. In speaking with her a strong odor of an intoxicant was smelled. She was also found to he combative and extremly enraged and had to be restrained.

3) Barbara E. Fagan was transported to the Shelburne Police Office. The breath test was administered to her.

4) The breath sample was taken to the Vermont State Laboratory. The results of the test are 0.23.

Subscribed and sworn to before me onLawrence P. DiCecco
this 13th day of Nov 1978(Affiant)
(signature of Doris Clayton Viens)11-13-78
(Notatory Public) (Judicial Officer)(date)

 

District Court
Form No. 2

INFORMATION BY STATE ATTORNEY

STATE OF VERMONT,DISTRICT COURT OF VERMONT
Chittenden     COUNTRY, ss,UNIT II     Chittenden     CIRCUIT

   BY THE AUTHORITY OF THE STATE OF VERMONT, Sandra L. Baird

State's Attorney for said County, upon his oath of office, charges:

That Barbara E. Fagan of Marlboro, Massachusetts at Shelburne in the Country of Chittenden and in said Territorial Unit on the 14 day of October, 1978

DID THEN AND THERE OPERATE A MOTOR VEHICLE, BEING A 1977 FORD BEARING REGISTRATION MASSACHUSETTS 534 BFP OVER AND ALONG THE PUBLIC HIGHWAY KNOWN AS ROUTE 7 WITHIN THE TOWN OF SHELBURNE WHILE THERE WAS A 0.23 PERCENT BY WEIGHT OF ALCOHOL IN HER BLOOD (handwritten: under the influence of intoxicating liquor), ALL IN VIOLATION OF TITLE 23, SECTION 1201 (a)(2), V.S.A.

(handwritten: $125 - $500, 1 year - Both)

and against the peace and dignity of the State.

Dated: Dec 7, 1978(signature: Sandra L. Baird)
State's Attorney         

This information has been presented to me and I have found probable cause, this 11th day of December 1978

(signature)         
District Judge