What follows is The Westfield Leaders coverage (in yellow text) of the incident along with other commentary and facts (in white text). Some of the commentary is opinion, however facts of one incident or another will bolster and lend credence to the opinions stated.
Chief Tracy explained that it is his understanding that when a summons is issued a court date is given. If a person fails to appear in court a notice is sent to their home and if they fail to appear again a warrant is then issued. According to Chief Tracy, Mr. Abate had four active warrants from Newark, Middletown and Westfield for contempt of court, meaning he had failed to appear. Chief Tracy said he became aware of the warrants a “week or so” before the meeting and when he saw Mr. Abate he went downstairs to verify that the warrants were still active. He said he then asked Special Police Captain John Morgan to ask Mr. Abate to step outside the council chambers where an officer was waiting. Mr. Abate was then processed, paid his fees and was released.
Here are some of the questions that Councilman Goldman should have asked after he had heard Chief Tracy’s responses to his, Mayor McDermott’s and JoAnn Neylan’s questions, provided of course, he had some “inside” information.
If Chief Tracy said he became aware of the warrants a “week or so” before the meeting and when he saw Mr. Abate he went downstairs to verify that the warrants were still active, Mr. Goldman should have suggested that the N.J State Police perform an audit of W.P.D.'s computer system to see if Mr. Abate's name was run that night, the night he was arrested, or any other night he spoke out in opposition of "matters that the council had jurisdiction over" at that time. What would be the "probable cause? Lastly…….Chief Tracy, how did you verify that the warrants were still active??
Go to the following link for Part II http://07090.blogspot.com/2010/12/arrest-of-out-spoken-mancontinued.html