Case will be held in Franklin County
By Michael Donoghue
Vermont News First
BURLINGTON – A lawyer representing Grand Isle County State’s Attorney Doug DiSabito pleaded not guilty in Vermont Superior Court in Burlington on Tuesday to a misdemeanor charge of driving under the influence of alcohol during on off-duty incident in Franklin County.
Judge David Fenster agreed to release DiSabito, 57, of Alburgh pending further hearing.
Defense lawyer Karen Shingler of Burlington entered the not guilty plea for DiSabito.
Fenster had moved the arraignment to Chittenden County in part because some potential witnesses work at the courthouse on Lake Street in St. Albans where the arrest was made the afternoon of April 14.
Chittenden County State’s Attorney Sarah George agreed to prosecute the case after Vermont Attorney General Charity Clark’s office took a pass on handling it for unexplained reasons.
Franklin County State’s Attorney Bram Kranichfeld had disqualified his office for both a possible conflict of interest due to a working relationship by his staff with DiSabito and a specific conflict because at least one member of his office is a potential witness in the case.
DiSabito and Shingler were not at Judge Edward J. Costello Courthouse for the arraignment. The court gave them the chance to appear by video when Fenster denied a joint motion by George and Shingler to have the arraignment at the courthouse in St. Albans.
George had filed a stipulated request seeking to hold the arraignment and the preliminary civil license suspension hearing at the courthouse in St. Albans, but Fester rejected the idea.
“Initial appearance and arraignment will be held in the Chittenden Unit of the Superior Court due to the location of the alleged offense, the circumstances of the alleged offense, and the witnesses to the alleged offense,” Fenster wrote in court papers.
“After arraignment, the court will give the parties an opportunity to brief the issue of a permanent change of venue for further proceedings,” Fenster said.
During the hearing Tuesday, both sides said they were willing to have all the case heard going forward in Franklin County.
Fenster set the next hearing for July 15. Both sides agreed to allow the civil license suspension case to track alongside with the criminal case and not have to meet the 42-day deadline for resolution.
DiSabito did not speak during the hearing, which lasted less than five minutes.
During the arrest DiSabito, after consulting with a private attorney, provided a breath alcohol concentration of 0.084 percent, St. Albans Police said.
A driver age 21 and older in Vermont is presumed under the influence at 0.08 percent.
There was no indication if George has or will offer DiSabito the Court Diversion Program or a possible deferred sentence, which was offered recently by the Vermont Attorney General to Addison County State’s Attorney Eva Vekos for her DUI arrest in January 2024. Judge John Pacht, who presided in that case in Burlington, had noted in court that it was standard for first time DUI offenders with low breath tests to receive the option of a deferred sentence or Court Diversion in Chittenden and Addison Counties.
DiSabito has served as the elected Grand Isle State’s Attorney since 2014 when he beat a three-term incumbent in a highly contested Democrat primary. He announced in March that he was going to seek another term.
DiSabito was on a day off and had stopped at the courthouse. Franklin County Chief Deputy Sheriff Chad Miles said he was working courthouse security when he was approached by members of the staff in the clerk’s office that thought DiSabito might be impaired.
Miles said in an affidavit that he first confronted DiSabito inside the courthouse. He learned that DiSabito had stopped at the courthouse to speak with Deputy State’s Attorney Diane Wheeler. Miles said he detected a smell of alcohol.
Miles, who said in his court affidavit that he has made more than 400 DUI arrests in his 24-year law enforcement career, reported he called St. Albans Police about 4:32 p.m. to handle the case.
At least four St. Albans Police officers responded to the courthouse to take over the investigation: Officer William Goldman, Sgt. Joseph Thomas, Cpl. Tyler Camilleri and a new officer in training, court records show.
Goldman said DiSabito had been visiting his father at the St. Albans Healthcare and Rehabilitation Center, about 2 ½ miles away from the courthouse before stopping by.
Police said DiSabito denied having any alcohol drinks, but acknowledged he had taken two medically prescribed Xanex pills before driving to see his father. The drug is used to calm the nervous system during anxiety issues.
He is not charged with having any drugs in his system, only alcohol.
The DUI processing forms noted DiSabito answered several police questions, including he believed he was not under the influence of either drugs or alcohol, Goldman wrote.
The police affidavits also provided conflicting information in the case. Goldman said his investigation revealed DiSabito had arrived at the courthouse parking lot at 1:30 p.m. A court employee said she saw DiSabito arrive at 4 p.m. and that he had honked his car horn.