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Report A Crime, Get Punished

By Greg L | 9 May 2007 | Rack & Roll Scandal | 8 Comments

Radley Balko of The Agitator has once again picked up on a component of the Rack & Roll scandal in Manassas Park, this time diving into not just police harassment of Dave Ruttenberg’s business, but an attempt to prosecute Ruttenberg himself for a crime he didn’t commit. This involves an incident that I heard a little bit about during my discussions with Dave, and as usual Radley does a good job of walking readers through a pretty complex little story that should generate some considerable outrage, or it would if it happened anywhere other than Manassas Park. In this jurisdiction, you can seemingly do just about anything if you’re part of the government, with little likelihood of suffering consequences of any kind.

Ruttenberg was arrested once, in 2002. But not for drugs, child pornography, or any of the other stuff Manassas Park city officials have accused him of, either officially or via rumor and innuendo. Ruttenberg was actually charged with filing a false police report. The details of that arrest constitute yet another incident of harassment of Ruttenberg at the hands of local authorities.

In this vignette, Ruttenberg reports a crime, decides that the perpetrator has suffered enough, and then asks for the charges to be dropped. The city then turns around and charges Ruttenberg with filing a false police report, arrests him at his business, and marches him out of his place in handcuffs, in front of all of his customers. And all of this is for a misdemeanor charge.

The charges end up being nolle prossed, where the prosecutor declines to pursue the case. Later on, the officer who arrested Ruttenberg, who seems to show up with great regularity in this story, suddenly seems to not recall this little triumph of his at the ABC hearing. Fascinating.



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8 Comments

  1. As if said on 10 May 2007 at 9:36 am:

    Actually… he’s also been arrested by summons for having a suspended OL in MD and driving around VA. A class I misd. Ofcs. may take persons in with cuffs for this one, too, but discreation is best with local celberties, right? Charges were dimissed in court due to being complied with. Incidently, you may also want to tell your bread winner that he needs to get a new city decal. A common/ legit reason to stop ANY car on the road… I guess he hasn’t paid his city taxes, yet?

  2. anonymous said on 10 May 2007 at 11:44 am:

    You know what else is a class 1 misdemeanor? Failing to use your turn signals. Yes, that’s reckless driving.

    Based on what I see, about 95% of the drivers on the road could be charged with this.

    As far as Ruttenburg goes, I don’t blame him for not wanting to go into that snakepit known as “Manassas Park City Hall” to get a new decal.

  3. anonymous said on 10 May 2007 at 11:48 am:

    “that snakepit known as “Manassas Park City Hall” to get a new decal”

    Think I just figured out why just about nobody except for that elderly couple who always sits in the back row ever goes to City Council meetings!

    It’s about like being seen going into a brothel. Not good for your reputation.

  4. anonymous said on 10 May 2007 at 4:49 pm:

    Hey MP cop, when you’re done inspecting the decals on the cars in front of that shopping center, how about coming through Belmont Station and checking some of those decals?

    Thx!

  5. David Ruttenberg said on 10 May 2007 at 7:43 pm:

    Thanks AS IF! You’re right. I do need a new decal. I’ll take care of that right away. I don’t know about that “discreation” thing. That’s kinda scary. Are you sure that’s not a Freudian slip? And if I’m such a celberty why doesn’t Paris answer my calls? Gee, AS IF….Arresting me by Summons…hmmm …similar to phone sex. Not quite as fun as the real thing, but, it sure sounds good!

    If you really want to get into it, why not tell the real story of why I was pulled over that night? I’ll let you begin….

    It might be helpful to include your interpretation of the guidelines an officer uses to determine when to “take persons in with cuffs” in S.O.L. situations?

  6. Golem said on 11 May 2007 at 9:59 am:

    “As If”s post is just another example of the incredible (but not yet successful) program of intimidation and harassment against David Ruttenberg, and his business, Rack-’n'-Roll, that has for years been a defining element of the Manassas Park Keystone Cop/Mafia operation, known as the Manassas Park Police Department.

    First with respect to the “suspended license” allegation. David, in fact, did drive for a very short time with a suspended Maryland license. The license was not suspended for traffic violations. In fact, because the club revenue had fallen drastically due to police intimidation and harassment, a check he sent to the Maryland MVA bounced. At the time he was stopped coming out of the Sheetz gas station (by Manassas Park cops angry that night at his photographing their continued harassment of the business and out for revenge), he was unaware that the check bounced or that the license was suspended. He took care of the problem of the license immediately. In court on this matter, the Manassas Park police, not wanting to be embarrassed by further publication of their continued harassment activities, dropped the prosecution.

    This incident wasn’t the only “Sheetz stop.” On April 11, 2005, one Corporal Prinz stopped David as he was leaving Sheetz. As admitted later, in writing by the Manassas Park police, the only real reason he was stopped was because he was the “local celberties” David Ruttenberg. In a Manassas Park police memorandum, discovered during the ABC hearing which eventually resulted from the massive harassment operation, one Captain Mark Mathews recommended:

    “Corporal Prinz did not have adequate cause to make a traffic stop on Mr. Ruttenberg, as he did not have articulable suspicion to believe Mr. Ruttenberg lived in the Commonwealth of Virginia, thereby requiring him to have a valid Virginia Driver’s License.”

    A contemporary e-mail David sent to Chief Evans summed it up. And, while it is fairly long I’m going to include in total because, as evidenced by the “As If” post, it is as relevant today as it was when sent on April 25, 2005:

    “I am in receipt of your letter of April 19, 2005. Be assured that we are delighted with the obvious intent of the Manassas Park Police Department to assure a secure and safe Manssas Park shopping center. However, in that your letter fails to respond to my express concerns regarding police harassment of Rack-’n'-Roll, and in that an incident last night demonstrates that such harassment is continuing, I feel called upon to re-emphasize these concerns.

    “On June 2, 2004, police conducted a massive raid of Rack-’n'-Roll. That raid, which found no evidence of criminal activity on the part of Rack-’n'-Roll management, had a tremendous and continuing detrimental effect on Rack-’n'-Roll revenue. Since the raid, even though I have attempted to work with you to combat criminal activity (reference my e-mail re the recent cocaine incident which includes my comment on your refusal to respond to my calls to meet), there has been continuous police presense, both uniformed and undercover, in and around Rack-’n'-Roll. That presence, to the extent that it may be excessive, also has a deterimental effect on business.

    “And the situation continues. Last night an Hispanic gentleman standing in front of the club opened his belt to tuck his shirt in his pants. Three police cars decended upon him with accusations of public indecency. Our security system has a record of the gentleman’s action and those of the police. He was not arrested or charged but our patrons could not miss the heavy police presence. Also, our manager was stopped by one of your officers upon leaving the club for no apparent reason and was questioned about club management before being allowed to go. He was not ticketed. A further example, which was referenced in my recent e-mail was the second ‘driving without a valid license’ stop by one of your officers against me. There are other incidents as well which I will be prepared to detail at the proper time.

    “In closing let me re-emphasize our appreciation for the competent, sincere police protection. Let me respectfully suggest, however, that when police ‘protection’ inches into police harassment, and that harassment is aimed at the destruction of a legitimate business, that business has a right to protect itself through the courts under the auspices of the Consitution of the United States.

    The Ruttenberg’s $5 million plus suit is pending now at the 4th Circuit in Richmond. The defendants in that matter, including Chief Evans, better pray that it is defeated on a technicality because, if it ever gets before a jury that gets to see the evidence discussed here and elsewhere in this blog and others (including the Kifer telephone call transcript detailing the police drug setups at Rack-’n'-Roll), they are going to be, and rightfully so, most unhappy.

    Adieu “As If.”

  7. anonymous said on 13 May 2007 at 8:42 pm:

    “arrested by summons” is a fancy way of saying “traffic ticket”

  8. Golem said on 8 Jun 2007 at 12:59 pm:

    With full knowledge that this post is so old that few, if any, will see my comment, I want to record that the Ruttenbergs’ brief was filed yesterday, Thursday, June 7th, in the United States Court of Appeals for the Fourth Circuit located in Richmond. Virginia. The, brief, some 60 pages long, is terrific (does not necessarily mean the Ruttenbergs will win but it is still terrific). Maybe Greg will publish it and I surely hope Chief Evans reads it.

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