Family support can’t save former chief from jail term

ST. CLAIRSVILLE - An outpouring of family support and a stack of letters written on his behalf could not keep former Martins Ferry police Chief Barry Carpenter from spending more than two years behind prison walls.

But a motion filed by his attorney, Dennis McNamara, could change that if a new trial is granted in the case.

"Reckless," "arrogant" and "criminal" were words used Wednesday by Belmont County Common Pleas Judge John M. Solovan II in sentencing Carpenter following his November conviction in a high-profile scandal involving a surrogate mother for the children of Hollywood stars Sarah Jessica Parker and Matthew Broderick.

Carpenter was advised by McNamara to refrain from speaking at Wednesday's hearing due to a pending appeal of his conviction. Solovan said he understood the attorney's advice, but said he still believes Carpenter does not accept responsibility for his crimes. Solovan said a prison term for Carpenter was "a must."

In a packed courtroom, Solovan sentenced Carpenter to two years on a third-degree felony charge of tampering with evidence and eight months for a count of theft in office, which is a felony of the fifth degree. Those sentences will run consecutively and be served at the state facility in Orient, Ohio. Carpenter also was sentenced to six months for being found guilty on a misdemeanor count of receiving stolen property, but that term will run concurrent with the eight months for theft in office.

Carpenter simply shook his head upon hearing his sentence. He wept prior to sentencing, when a letter written by his mother to Solovan was heard by the court. A court official placed a box of tissues beside Carpenter. His mother did not read the letter herself because she feared she would be "too emotional."

Carpenter is appealing his convictions. McNamara said he will file a motion to let Carpenter remain free on bond pending the appeal.

Testimony during the trial indicated Carpenter entered the home of surrogate Michelle Ross and took items pertaining to the pregnancy. He later attempted to sell the pilfered items and photographs he had taken on his cell phone to a celebrity photographer who had traveled to the area to locate Ross.

Those photographs are at the center of the motion McNamara filed late Wednesday seeking a new trial. Special Prosecutor Shawn Hervey said the defense believes Carpenter's conviction on the charge of tampering with evidence should be overturned because of statements made by acting Martins Ferry Police Chief Phil Hartman; however, Hervey said the evidence is not new, and he does not believe the motion will result in a new trial.

The motion hinges on Hartman's claim that Prosecutor Chris Berhalter advised Carpenter to delete the pictures from his cell phone.

"We don't believe it, and Berhalter denies telling him to get rid of the pictures," Hervey said. "Barry didn't mention it in the trial. It is conveniently new evidence after the trial. If they thought it was important, it would have come out in the trial.

"This happens from time to time, and we are going to respond," Hervey added. "We don't think it's new evidence. We expect the verdict to be upheld."

A jury found Carpenter guilty of the charges in November. Innocent verdicts were returned on two counts of burglary and one count of unauthorized use of property.

The sentencing hearing had been scheduled to begin at 9 a.m. Wednesday in Solovan's courtroom.

However, court officials said there was "some confusion" about the start time. Prior to the hearing, Hervey said "the defendant" and McNamara were under the impression that the hearing was to begin at 11 a.m.

By 10 a.m., Carpenter had arrived at the courthouse with his attorney and family members. The hearing got under way after 10:30 a.m.

Carpenter faced up to six years in prison. He had remained under house arrest with GPS monitoring since his arrest and conviction. He had been staying with his mother.

A co-defendant in the case, Bridgeport Police Chief Chad Dojack, 30, is scheduled for trial on Jan. 12.