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Prosecutor Comments On Police Chief's Convictions

Before a jury convicted a local police chief of three crimes, the man prosecuting the case couldn't say much about what's been coined the "celebrity surrogate scandal."

But now that a jury returned a verdict Monday, special Prosecutor Shawn Hervey opened up for the first time about the charges, why they were filed and the jury's interpretation of what happened.

Monday, a jury found Martins Ferry Police Chief Barry Carpenter guilty of receiving stolen property, theft in office and tampering with evidence.

Carpenter was tried in connection with an alleged conspiracy to take items from a woman who acted as a surrogate mother for the twins of Sarah Jessica Parker and Matthew Broderick.

He was found not guilty of all counts of burglary and not guilty of unauthorized use of property or services.

"I think it's very apparent that they believe a theft occurred and that Mr. Carpenter offered those items he stole for sale," Hervey said. "I believe the jury believes that he went into the house for a law enforcement purpose, but once he was in there and he saw those things, he took them."

That's why, according to Hervey, Carpenter was not convicted on either burglary charge, but was convicted on tampering with evident and theft in office.

"Don't get confused. The jury convicted him of a theft offense -- theft in office. They believe that he stole the items out of the house," Hervey said.

With regard to the tampering with evidence charge, Hervey said, "We knew that he had photographs on his cell phone and we knew that he knew about the investigation and then he deleted those photos anyway," Hervey said.

As for the trial itself, Hervey said he wouldn't change the end, but rather the beginning.

"I wish that Mr. Carpenter would have never took those items," he said.

Monday evening, Carpenter left the courthouse as a convicted felon on his own recognizance, but Hervey said that's not special treatment.

"It's pretty standard practice to release someone under their own recognizance under those circumstances, However, I would be very surprised if he was released under his own recognizance after sentencing," he said.

Carpenter faces one to five years in jail on the tampering with evidence conviction. Theft in office carries a maximum sentence of one year, and he could get up to six months in jail for the misdemeanor receiving stolen property conviction.

Hervey stopped short of saying how much time he thinks Carpenter will serve, saying that is for the judge to decide.

"I certainly believe there is adequate evidence that the judge would have to consider a prison sentence," he said.

Noticeably absent from the trial was Bruce Callarik. Charges were previously dismissed against Callarik, who faced the least severe charge: one count of receiving stolen property.

Hervey previously said it would be better to use Callarik as a witness so he can cooperate fully and openly with the ongoing investigation. Tuesday, Hervey said Callarik might show up to testify against Callarik's son-in-law, Bridgeport Police Chief Chad Dojack.

Dojack was also charged in connection with the case and will be tried separately on Jan. 12. He is charged with two counts of complicity to commit burglary and one count of complicity to receiving stolen property, and stepped aside as Bridgeport chief while he deals with the charges.

"The evidence differs and we want to ensure a fair and impartial trial. However, we are prepared to go to trial on Jan. 12," Hervey said.

When asked if any other charges might be filed against Carpenter, Hervey said he was given a specific case to investigate and prosecute. However, he said the investigation uncovered new information that could lead to other charges.

"If I were to be given a broad range, quite possibly there are other items that might come to light," he said.

Stay with NEWS9 and WTOV9.com for continuing coverage.

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