Barbara Kurth DUI #2 - 12/08/78
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Transcriptions: |
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BURLINGTON POLICE DEPARTMENT
STATE OF VERMONT ) Now comes Patrick T. Foley affiant, being duly sworn and on oath deposes and says he has probable cause to believe that Barbara Ellen Fagan has committed the crime of Driving While Intoxicated, in violation of T23 V.S.A. Sec. 1201(a)(2). (1) An investigation has been made which leads me to believe this offense has been committed because: A. On Friday, 12/27/78, at approximately 19:11 hrs. affiant was dispatched to Buell Street, and South Winooski Avenue in regards to a motor vehicle accident being investigated by Ptl. E. Strong. B. Affiant informed by Ptl. Strong that the Respondent (Barbara Ellen Fagan) admitted to him as being the operator of Mass. reg (redacted), 1979 Ford Ltd, which was involved in the accident. C. Affiant, also, informed by the Respondent (Barbara Ellen Fagan) that she was the operator of the above mentioned vehicle. D. Affiant detected an odor of intoxicants on the Respondent's (Barbara Ellen Fagan) breath. Her eyes were watery, pupils dilated. Respondent (Barbara Ellen Fagan) was unable to perform the dexterity tests satisfactory. E. Results of the Gas chromatograph Autohaler given to the respondent (Barbara Ellen Fagan) administered by Affiant on 12/08/78, at approximately 21:40 hrs., were: 0.25% (2) I believe Barbara Ellen Fagan committed the crime of DRIVING WHILE INTOXICATED as set forth in the above paragraphs based on the following: A. Respondent (Barbara Ellen Fagan) was identified by a valid Massachusetts license as; Barbara Ellen Fagan. B. Respondent (Barbara Ellen Fagan) was the operator of a 1977 Ford LTD bearing Mass. reg. (redacted), and did operate said motor vehicle while under the influence of intoxicating liquor. Affiant (signature of Patrick T. Foley) Subscribed and sworn to before me on December 27, 1978 |
OPERATOR - VERY COOPERATIVE, - INSISTED SHE HAD NOT BEEN DRINKING - PERFORMANCE ON DEXTERITY TEST - UNSATISFACTORY - DETECTED ODOR OF INTOXICANT ON OPERATOR'S BREATH - MODERATE ACCIDENT DAMAGE - STATED TO PTL STRONE SHE WAS OPERATING.
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BURLINGTON POLICE DEPARTMENT
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Miranda Warnings and Public Defender Rights Form
Before we ask you any quesions you must understand your legal rights. You have the right to remain silent. Anything you say can be used against you. Before we ask you any questions you have the right to talk to a lawyer and get his advice, and you have the right to have a lawyer here with you while we are questioning you. You have the same right to the advice and presence of a lawyer while you are being questioned even if you cannot afford to hire one. If you cannot afford a lawyer and you want one, you have the right to be represented by an attorney at public expense. In Vermont this attorney is called a "Public Defender" and the "Public Defender" will be contacted for you before we ask you any questions. If you decide to answer our questions now without a lawyer, you will still have the right to stop answering our questions at any time until you talk to a lawyer. ACKNOWLEDGEMENT OF RECEIPT OF RIGHTS: I have had the above statement of rights read to me and fully understand that I am entitled to be represented by an attorney at public expense if I cannot afford one. Signature: Barbara E. Fagan Date: Dec 8/78 Time: 7:31PM Officer who read Rights: Ptl Patrick T. Foley Witness: PTL Patrick T. Foley WAIVER OF RIGHTS: I have been advised of my rights to remain silent, that anything I say can be used against me, and that I have the right to a lawyer to be present with me while I am being questioned. I understand these rights and am willing to answer questions and make a statement. I do not want a lawyer at this time and I understand and know what I am doing. No threats have been made to me and no pressures of any kind have been used against me. Signature: Barbara E. Fagan |
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.