The arresting officer, Patrolman James Paiva, was found innocent of assault in separate charges filed by Peele.

Peele was convicted of two counts: Disrupting a public meeting and obstruction, for resisting arrest and not following the police officer's instructions.

Peele was fined $710 by Mendham Municipal Court Judge Vincent McMahon, who heard the case after it was moved from Morris Township after the charge was filed against the arresting officer.

McMahon said an amateur videotape made at the meeting was the key piece of evidence in the trial. The tape showed Peele complaining to Planning Board Chairman Joseph Weber who had just asked an opponent of the plan to put down a sign.

The tape shows Weber instructing the officer to remove Peele and Peele tells the officer to handcuff him. As he is being walked out of the room, Peele falls - he claimed he was pushed - and spends less than a minute on the floor until he stands up again.

In his testimony, Officer Paiva said Peele kept his arms locked to prevent him from properly putting the handcuffs on until they left the meeting room. He added Peele appeared to be "showboating" for his supporters.

"He fell because it was time for him to make his second point," said Paiva's attorney, Peter Gilbreath. "If he didn't get his point out verbally, he was going to get it out physically."

The judge agreed saying there was "no way" Paiva pushed Peele. The judge said Paiva's effort deserved an "A-plus-plus-plus."

Seven witnesses who were at the May 6 meeting testified on behalf of Peele. They claimed that Weber called for the sign to be taken down because it said something he didn't like. The witnesses noted there were other smaller signs on display around the meeting room voicing similar opposition to the abbey plan that were not taken down.

Peele's attorney, Karl Fenske, argued that Peele's right of free speech was violated by Paiva. He said Peele was pushed to the ground and suffered wrist, arm and leg injuries while he was being arrested.

Fenske argued that when Peele was on the ground Paiva reached for his radio but Peele thought he was going for his gun. That prompted Peele to file two charges of assault against the officer. Both charges were dismissed.

Peele testified he was lying on the floor trying to get oriented to what was happening and the officer did not help him up. Peele said he thought the officer might hurt him.

Peele's wife, Mary Arnold, testified Peele has an arthritic knee that was aggravated by the incident.

"It's a sad day," Fenske said in his closing remarks. "We are going back on what our forefathers fought and died for. We are treading on ground that that is going to weaken us and ultimately be our demise."

After the trial, Peele said he was happy not to be going to jail. "He was a little weak on the names and facts," Peele said of the judge. "But thank God he was merciful."