Zach Despart

Free Press Staff Writer

In the early days of the Kevin DeOliveira homicide investigation last January, Burlington police pried a door to Zen Lounge off its hinges while trying to serve a search warrant, court papers state.

Their reason? Police said club owner Robert Rapatski failed to answer the door or answer his phone.

After another killing last month, in which police say one man shot another on Church Street after an argument inside Zen Lounge, Burlington Police Chief Brandon del Pozo publicly took the club to task over what he described as a "disturbing history of non-cooperation with police."

Zen Lounge owner Robert Rapatski disputes how police have characterized his club and insists he has never interfered with an investigation.

"I’ve always given them what they’ve needed and worked with them on multiple cases,” Rapatski said. “I’ve never, ever hampered an investigation. Not once.”

Department of Liquor Control Director Bill Goggins said he has had limited interaction with Zen Lounge, but he was unable to recall an instance where club staff failed to cooperate with his investigators. Yet the Liquor Control Board, a separate entity, has fined Zen Lounge one time for failing to cooperate with police.

Prosecutors have filed no charges in criminal court related to the conduct of Zen Lounge staff during police investigations.

Police allegations

On Dec. 28, the day after the fatal shooting just down lower Church Street from Zen Lounge, del Pozo issued a statement highly critical of the club. The chief cited several instances in which he said Zen Lounge staff failed to cooperate with police or failed to act promptly. Rapatski and his lawyer, Andrew Manitsky, challenge the chief's characterization.

Del Pozo said that in January 2015, Zen Lounge obstructed the DeOliveira homicide investigation by refusing voluntarily to turn over surveillance footage from the club. Police said DeOliveira, 23, of Burlington had been inside Zen Lounge shortly before he was killed, and investigators sought to examine the footage for clues.

State Liquor Control Department regulations require liquor licensees to comply with police investigations. Police were able to view the surveillance tapes after securing a search warrant.

Burlington police Detective Michael Hemond wrote to a state liquor control investigator that Rapatski "was generally a hindrance when he didn't need to be in a case that didn't need any further obstacles."

The Liquor Control Board ultimately agreed, and in June fined Zen Lounge $250 for failing to cooperate with police.

"The regulation imposes on all licensees an affirmative obligation to cooperate with law enforcement in the performance of their duties," the board wrote. "This is where licensee failed."

The killing remains unsolved.

In an April letter to the board, Rapatski chalked the incident up to a misunderstanding with police and pledged to act differently in the future.

The Department of Liquor Control released the letter, along with other documents related to Zen Lounge, at the request of the Burlington Free Press.

Del Pozo, the city police chief, said he fails to understand how a bar owner could misinterpret Vermont’s liquor license regulations.

“I don’t know anyone else in the nightlife industry who has had this misunderstanding,” said del Pozo, who became the city's police chief in September.

Del Pozo said while an officer was investigating a DUI in March, Zen Lounge staff first said the club's surveillance footage was broken. Later, del Pozo said Zen Lounge admitted to liquor control investigators the system was operable, and then turned over footage to police.

The Liquor Control Board concluded that in the March incident, Rapatski had cooperated with the authorities.

Matt Gonyo, the liquor control investigator who cited Zen Lounge for failing to cooperate in the DeOliveira probe, declined to comment on Zen Lounge due to "ongoing investigations related to that establishment."

BTV shooting victim had lengthy criminal past

Del Pozo also stated that in June, Zen Lounge told officers who were investigating a stabbing that occurred in the club that the surveillance system was broken.

The chief said that in December, Zen Lounge staff said the club's surveillance system had failed to record an incident in which a man brandished a pistol inside the club.

That same evening, del Pozo said, police took a complaint from a man who alleged Zen Lounge security staff had broken his arms by throwing him down a flight of stairs. The chief said Zen Lounge staff failed to call police about that incident.

Manitsky, the nightclub's lawyer, did not address each of del Pozo's claims individually but said Zen Lounge cooperated each time police sought help.

Standard practice?

Vermont law has no requirement that bars maintain surveillance systems, but del Pozo said video systems are a standard practice of the nightlife industry.

“When it comes to having good coverage of your establishment and in the event of reporting crimes, Zen Lounge has fallen short of their peers in Burlington,” del Pozo said in an interview with the Burlington Free Press.

Noel Donnellan, co-owner of Nectar’s Lounge, a bar around the corner from Zen Lounge, agreed security cameras are standard in the nightclub industry. He said Nectar’s has security cameras in non-public areas of the club, but not in public areas.

Donnellan said Nectar’s staff regularly help Burlington police who are investigating incidents that occurred inside the club or on the sidewalk outside. Donnellan said he never has asked police to obtain a warrant to search the club’s records and could think of no reason why he would make such a request.

“We’re very happy to help out,” Donnellan said. “We have a great working relationship with Burlington police.”

An examination of Burlington police records reveals police had fewer contacts with Zen Lounge than with similar downtown clubs in 2015. For incidents logged by police as "disturbance," "assault," "disorderly conduct," or "threats/harassment," Zen Lounge had 15 contacts; Nectar's Lounge, 29 contacts; Red Square, 30 contacts; and Rasputin's, zero contacts.

But records show Zen Lounge stands out for subpoenas and search warrants. In 2015, Burlington police served six subpoenas and two search warrants on Zen Lounge. Police last year served no court orders to Red Square, Nectar's and Rasputin's, records state.

Lt. Shawn Burke, who leads the police department’s detectives bureau, said police rarely need to apply for a search warrant while working with a nightclub.

Burke said in his experience working with bars and clubs, business owners sometimes are hesitant to turn over video surveillance for fear that the footage contains evidence of liquor-license violations.

Burke said police and nightclub owners need to have a “trusting relationship,” and proprietors must understand that the authorities seek video footage while investigating serious crimes.

“There’s not a break in the action where we decide to investigate your nightclub,” Burke said. “It’s generally a felony we’re investigating.”

Promise to reform

Rapatski, Zen Lounge's owner, said he wants the nightclub to have a positive relationship with Burlington police.

Andrew Manitsky, Rapatski's attorney, said Zen Lounge has installed a new security system with 10 cameras. Zen Lounge security staff now use metal detection wands to screen patrons, Manitsky said.

"We're all on the same side here," Manitsky said on behalf of the club. "We're grateful to the police for their excellent investigative work, and we will continue to cooperate and help them in any way we can."

Manitsky said Zen Lounge staff are eager to work with police and city councilors to ensure the club provides a safe atmosphere for guests.

At the request of the police department and the city attorney, the City Council Licensing Committee invited Zen Lounge to the committee's meeting Tuesday. Councilor Tom Ayres, D-Ward 7, said the committee plans to take testimony from Rapatski and police about Chief del Pozo's allegations.

“I’m reserving judgment on all counts until hearing from them,” Ayres said. “I’m looking forward to a good conversation.”

The License Committee is scheduled to meet at 4:45 p.m. Tuesday at the Department of Public Works on Pine Street.

Prosecutor: Church St. suspect intended to kill

This story was first posted online on Jan. 19, 2016. Contact Zach Despart at 651-4826 or zdespart@burlingtonfreepress.com. Follow him on Twitter at www.twitter.com/ZachDespart.