New trial for Capenter denied

ST. CLAIRSVILLE - There will not be a second trial for former Martins Ferry police Chief Barry Carpenter.

Belmont County Common Pleas Judge John M. Solovan II on Friday denied a motion by Carpenter for a second trial following his Nov. 23 conviction on felony charges of theft in office and receiving stolen property. The charges resulted from a celebrity scandal that involved the surrogate mother for the children of Sarah Jessica Parker and Matthew Broderick.

Carpenter and former Bridgeport police Chief Chad Dojack conspired to steal and then sell items that identified Martins Ferry woman Michelle Ross as the woman carrying the twin children of those Hollywood stars.

Carpenter's defense filed the motion for a new trial based on post-conviction statements from Martins Ferry police Lt. Phil Hartman. He said Belmont County Prosecutor Christopher Berhalter told him he had advised Carpenter to dispose of evidence in the form of pictures taken with his cell phone. Berhalter vigorously denied Hartman's claim.

Harrison County Prosecutor T. Shawn Hervey was the special prosecutor in the case. On Friday, he said he was satisfied with Solovan's ruling. He said it is the correct application of the law and reaffirmed the prosecution's theory of the case.

"Mr. Berhalter was absolutely truthful," Hervey said. "I find it telling that in eight interviews and in his live testimony in court, never once did Carpenter say Chris Berhalter told him to get rid of the photos. It's very transparent that that line of defense came up after he was convicted.

"It's like a Monday morning quarterback," Hervey added. "We're glad the judge saw through that and upheld the testimony presented in court."

Berhalter said he also was pleased with the decision. He said he hopes the case does not impact the public's perception of police officers in Belmont County.

"What happened to me is unfortunately no different than what happens to others like me who refuse to condone or cover up corruption," Berhalter said. "We are attacked by those who want to do just that. This hasn't deterred us at all from trying to do what's right.

"What really concerns me more than the desperate lies is that people will view our law enforcement officers in Belmont County as those who are a part of this. In honesty, nothing can be further from the truth. I've been privileged to work with the most honest and dedicated officers anywhere. Those officers are right here in Belmont County."

Hervey said Carpenter still plans to appeal his conviction. He said Carpenter's attorney has filed a notice to appeal, but a hearing has not been set.