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!

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

"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.

Stay with NEWS9 and WTOV9.com for continuing coverage.

Previous Stories: February 23, 2010: Former Martins Ferry Police Chief Appeals Conviction January 25, 2010: Former Police Chief Can Appeal Case For Free December 31, 2009: Appeal Claims Prosecutor Didn’t Tell Whole Story During Carpenter's Trial December 30, 2009: Former Police Chief Jailed For Surrogate Scandal; Attorney To Appeal December 30, 2009: Former Police Chief Gets Jail Sentence For Crimes In Surrogate Scandal December 17, 2009: Police Chief Convicted In Surrogate Scandal Resigns, Avoids Being Fired November 24, 2009: Celebrity Surrogate Scandal Verdict Split November 23, 2009: Celebrity Surrogate Scandal: Jury Deliberates Police Chief's Case November 20, 2009: Jurors Hear Opening Statements In Police Chief's Trial November 20, 2009: Police Chief Maintains Innocence In Celebrity Surrogate Case November 20, 2009: Celebrity Surrogate Case: Judge Won't Dismiss Charges Against Police Chief November 19, 2009: Police Chief's Trial: Surrogate Mother Testifies About Items Missing From Home November 19, 2009: Chief: Paparazzo Photogs Hounded Him For Info About Celebrity Surrogate November 19, 2009: Celebrity Surrogate Trial Not In Session Wednesday November 19, 2009: Celebrity Surrogate Scandal: Testimony Resumes In Police Chief's Trial November 19, 2009: Day 3: Surrogate Expected To Testify Against Suspended Police Chief November 18, 2009: Surrogate Blogs About Police Chief's Trial, Celebrity Scandal November 17, 2009: Paparazzi Photogs Say Chief Wanted To Sell Celebrity Surrogate Photos November 16, 2009: Jury Selected For Celebrity Surrogate Scandal Trial November 15, 2009: Local Police Chief Prepares For Surrogate Scandal Trial October 30, 2009: Charges Dropped For 1 Of 3 Men Accused In Celebrity Surrogate Scandal October 16, 2009: Trials Set For Police Chiefs Charged In Celebrity Surrogate Scandal October 2, 2009: Attorney For Defendant In Surrogate Scandal Expects Case Against Client To Be Dismissed September 3, 2009: Pre-Trial Hearing Held For Trio Accused In Celebrity Surrogate Scandal August 18, 2009: Attorneys Hired To Fight Local Celebrity Surrogate Case August 3, 2009: DEVELOPING STORY: Bridgeport Chief Takes Paid Leave During Investigation August 3, 2009: Surrogate Scandal: Police Chiefs' Job Status Still Undecided July 31, 2009: NEWS9 Talks With Both Police Chiefs Facing Charges July 30, 2009: Two Local Police Chiefs Expected To Be Charged In Celebrity Surrogate Case July 29, 2009: Grand Jury Reviews Celebrity Surrogate Case July 22, 2009: Prosecutor Gets Report On Case Linked To Celebrity Babies' Surrogate June 25, 2009: Celebrity Babies Born In Belmont County