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Celebrity Surrogate Scandal: Jury Deliberates Police Chief's Case

The jury that heard the case of a police chief charged with burglary and theft in connection with a celebrity surrogate scandal resumed deliberations Monday.

Martins Ferry Police Chief Barry Carpenter is accused in a conspiracy to take items from a woman who acted as a surrogate mother for the twins of actress Sarah Jessica Parker and Matthew Broderick.

After about five hours of deliberating Friday night, the jury broke around 9:45 p.m. Shortly after deliberations began Friday, a juror asked to be removed because she did not feel comfortable. An alternate was then moved into her place.

As of noon Monday, the courthouse was filled with people waiting for a verdict. Carpenter, his mother, police officers, prosecutors, state agents, the Martins Ferry mayor and several media outlets were among those people lining the halls.

Carpenter is charged with two counts of burglary and one count each of receiving stolen property, theft in office, tampering with evidence and unauthorized use of telecommunications property. He faces 15 1/2 years in prison if convicted on all charges.


Images: Barry Carpenter Trial

During closing arguments, prosecutor Emily Laube told jurors to use common sense and their collective memories to remember the facts the best they can.

Laube said Carpenter's job is to protect the public, yet she said he waited a full week to check on the surrogate mother's home after he heard there might be disruptions there.

She questioned why a police report was never made, even though Carpenter knew the woman, Michelle Ross, was a single woman, pregnant with twins, who lived alone.

"Where is the concern for the mother?" Laube asked jurors.

Laube described Carpenter as a man who "abuses his authority … and tries to blame it all on being a joke."

Carpenter's attorney, Dennis McNamara, told the jury that "this is not a popularity contest… or a sympathy issue" and said his client made a bad choice.

"Barry admits that he acted very stupidly, but denies that he acted criminally," McNamara said.

Earlier Friday, Carpenter testified he entered the home because he was checking on the home. He denied that he sifted through Ross' personal items, but admitted he opened the file marked "surrogacy file."

When Prosecutor Shawn Hervey asked him why he opened the file, Carpenter said it was "just of general interest."

When asked if he ever took anything out of Ross' home, Carpenter said no.

Thursday, the woman at the center of the scandal took the stand. Ross, who served as the surrogate, testified she moved out of her Martins Ferry home in May.

Ross said she was planning to return to her home when she was contacted by a celebrity photographer who told her people were trying to sell her personal items.

She further testified that items were misplaced in her home, and ultrasound photos and tax information were missing.

Thursday, the jury listened to audiotape conversations between Carpenter and an investigator from the Ohio Bureau of Criminal Identification and Investigation.

On the tapes, Carpenter said he received a call from Bridgeport Police Chief Chad Dojack, who told Carpenter that photographers wanted to pay for information about Ross.

Carpenter said he consulted with Prosecutor Chris Berhalter about the conversation and said he wanted nothing to do with the photographers.

Dojack was also charged in connection with the alleged theft and will be tried separately on Jan. 12. Dojack stepped aside as Bridgeport chief while he deals with the charges. He is accused of conspiring to break into the home in order to take items that could be sold to the tabloid publications.

Charges were previously dismissed against Callarik, who owns the motel where the celebrity photographers were reportedly staying. Callarik is the son of the Bridgeport mayor and also Dojack's father-in-law. He faced the least severe charge: one count of receiving stolen property. The prosecutor said it would be better to use Callarik as a witness so he can cooperate fully and openly with the ongoing investigation.

Stay with NEWS9 and WTOV9.com for continuing coverage.

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