The trial began today for a former Macedon police officer. Heath Farabell is facing felony charges for criminal trespassing, filing false documents and lying to a grand jury.
Investigators say it all happened in March of 2007. That's when they say Farabell forced his way into the home of a Macedon resident, Devon Mueller, bullied him and lied to cover it up.
Farabell was joined in court today by friends and family including his wife.
Today the three people who were inside Mueller's home at the time--including Mueller-- testified that Farabell entered the house without permission and confiscated several items without a search warrant. Then investigators say he filed false documents to cover it up.
Farabell's lawyer Larry Andolina says his client was responding to noise complaints in the neighborhood and that Mueller invited Farabell inside.
Andolina says the witnesses' memories are unreliable.
"They all testified to something different," Andolina said. "They all admitted that they were under the influence of marijuana and also that they had short term memory loss and all had reasons after the fact to be upset with Mr. Farabell because he ended up arresting them all for something else."
Wayne County District Attorney Richard Healy said, "It's not so much entering somebody's home illegally. We submit very simply that he had no authority to be in that house. But then it's the attempt to cover up and then lying about it in official documents and then under oath before the grand jury."
Farabell is not working as police officer currently. He was fired from his job with the Macedon Police Department in November of 2007 on misconduct charges that aren't related to this case.
Healy says if Farabell is convicted of any of these felonies, it prevents him from ever serving again as a police officer in New York.
Both Healy and Andolina expect the trial to end tomorrow, after Farabell takes the stand. Andolina says he plans to call several character witnesses to the stand as well.
If Farabell is convicted of the most serious of these felony charges, perjury, he could face a maximum of two and one-third to seven years in prison.
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