A judge has overruled a former police chief's motion for a new trial and said a local prosecutor did not lie on the stand.

Former Martins Ferry Police Chief Barry Carpenter was tried and convicted in November in connection with an alleged conspiracy to take items from the home of a woman who acted as a surrogate mother for the twins of Sarah Jessica Parker and Matthew Broderick.

Carpenter's former defense attorney filed an appeal in December claiming Belmont County Prosecutor Chris Berhalter -- a personal friend of Carpenter’s who recused himself from prosecuting the case -- didn’t tell the whole story when he testified during Carpenter’s trial.

The motion argued that Berhalter testified that he did not advise Carpenter to remove or delete photographs on Carpenter’s cell phone. However, the defense claimed Carpenter testified that Berhalter did advise him.

Carpenter's motion had included an affidavit from Martins Ferry Police Lt. Phil Hartman. In the affidavit, Hartman said Berhalter advised Carpenter to delete the photos. Hartman's affidavit also contradicted Berhalter's testimony.

However, on Friday, Judge John M. Solovan II ruled Belmont County Berhalter's statements were not inconsistent with Carpenter's trial testimony. Trial transcripts show that Carpenter never alleged Berhalter told him to destroy the photos, Carpenter only claimed Berhalter told him "you don't want involved" and it was after that conversation he destroyed it.

Court paperwork obtained by NEWS9 says; "Should this court consider it to be merely coincidental that Phil Hartman, a close personal friend of Carpenter, has produced an affidavit attempting to impeach Berhalter's testimony (which is otherwise consistent with all of Carpenter's previous statements and trial testimony) on the same day of Carpenter's sentencing? The answer is obvious!

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UNEDITED COURT DOCUMENT: Judge Overrules Former Police Chief's Request For New Trial

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"What has happened to me unfortunately happens to those who refuse to cover up corruption. They're attacked by those who want to do just that. But this really hasn't deterred us in any way from continuing to always do what is right," Berhalter said on Friday.

Prosecutors maintained that Carpenter wanted to sell items and pictures he took when in the surrogate’s home to tabloid photographers.

A jury found Carpenter guilty of receiving stolen property, theft in office and tampering with evidence. He was sentenced to two years and eight months in jail and is now serving time at the London Correctional Institute.

The ruling means that Carpenter's only chance for release now is when a judge hears an appeal.

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