Judge rules that Rone must surrender her council seat; denies request for stay

NEWARK - An incident caught on police camera a year and a half ago proved the downfall of Central Ward Councilwoman Dana Rone, as Essex County Judge Patricia Costello on Tuesday morning decided that Rone would have to give up her office as a councilwoman.

"The state's request for a waiver of forfeiture is denied," said Costello, in response to an 11th hour letter sent to the judge by Essex County Prosecutor Paula Dow, who reversed an earlier recommendation of forfeiture.

"I find that whether an individual is fit to serve public office is not sufficient reason to waive forfeiture," the judge said to one of the arguments offered by Rone’s lawyer, Raymond Hamlin.

Costello ruled that it is "abundantly clear" that on Dec. 20, 2006, Rone used her office to obstruct justice, and contributed to heightening emotions - not diffusing them - at a Rutgers University police traffic stop of her nephew.

"The facts of this case are just not sympathetic to the defendant," said Costello. "It’s a sad day. ...She felt herself and her family to be above the law."

The state and Rone's defense team jointly asked for a stay in the judge's ruling, which Costello denied.

"The court has to exercise independent discretion," said Costello, who added that she was "distrubed" by the 180 degree reversal by the Essex COunty Prosecutor's Office concerning the enforcement of the statute requring an elected official to give up his/her office if she is convicted of obstructing justice. 

On the night in question, when Rone finally consented to move her city vehicle, "she continued to pester the officers and bandy about her status as a councilwoman," the judge said. "She was relentless and obstreperous in her conduct."

And it was all caught on tape.

Costello’s Tuesday morning ruling in the Essex County Courthouse came after Rone's defense team requested a waiver of forfeiture following the councilwoman's conviction of the crime of obstructing justice.

The law holds that an elected official so convicted must relinquish his or office, and the judge upheld the law today. 

Prior to Costello’s ruling, assistant prosecutor Deborah Simms maintained that the defendant's actions did indeed touch her office when she told police she was a councilwoman in an apparent, intimidating attempt to get her nephew excused from a traffic violation.

But Rone's record is otherwise clear, Simms said, and the state's by-the-book penalty of depriving Rone of her council seat would be too severe. Therefore, the "prosecutor has determined that a waiver of forfeiture of office is appropriate in this manner."

Judge Costello disagreed, arguing that Rone’s loss of office is not a penalty but the "collateral" of her penalty.

Born and raised in Newark, Rone was sworn into office as the Central Ward councilwoman in July 2006 and over the past two years proved a frequent critic of the Booker administration.

She appealed her initial guilty verdict of obstruction of justice in December, 2007. The decision was upheld in June of this year.

After Judge Costello denied the stay on Tuesday following a brief recess, Rone turned and hugged fellow council people Anibal Ramos, Luis Quintana, Donald Payne, Jr., and Ronald Rice.

She offered "no comment" as she strode through the double doors and into the hall on the heels of the other members of the council. Council President Mildred Crump had left the courtroom earlier. The solemn-looking council members also refused to comment. 

"She helps kids," Newarker Annette Williams said of Rone. "She has dedicated her life to the citizens of Newark. All she did was help people. She's a child of God, I know she'll be all right."

The judge said Rone's forfeiture of office is effective on June 28, 2008 - a date that has already passed. 

"The video tape was devastating for the client," Costello told Hamlin when he made the case for a stay.