The prosecution cites breach of trust in calling for jail time of 3 to 6 months even though Messer's presentence report was favourable. Messer, though, maintains his innocence.
Defense lawyer Brian Munro calls it the best presentence report he has ever read and he's arguing for a conditional discharge.
Munro calls Messer a devoted family man who, up until this, had no blemishes on his record as a police officer. Munro telling the court Messer felt his family had been violated by the breakin but the public interest would not be served by a jail sentence.
For his part, Messer apologised to his family for what he has put them through.
Mr. Justicie Huge McLellen delivers his verdict at 4:00.
