Prosecutor: Carpenter asked if it was legal to sell photographs
By GABE WELLSArticle Photos
ST. CLAIRSVILLE - Belmont County Prosecutor Chris Berhalter testified Thursday that Martins Ferry Police Chief Barry Carpenter asked him if it would be illegal to sell pictures he took inside the home of a Martins Ferry woman with Hollywood ties.
Berhalter had never been a witness in a case prior taking the stand in the third day of Carpenter's trial in Belmont County Common Pleas Court before Judge John M. Solovan.
Carpenter is accused of burglarizing the Martins Ferry home of Michelle Ross before attempting to sell stolen items that identified her as the surrogate mother for the children of Hollywood stars Sarah Jessica Parker and Matthew Broderick.
Berhalter said he received a call from Carpenter in May in which the police chief told him he had entered the Ross home after finding a door to the residence open. Berhalter testified that Carpenter told him he took photos inside the home with his cellular phone, and then asked him if he could legally sell those images.
Berhalter said he told Carpenter those pictures were taken during an investigation, and therefore, they could not legally be sold for personal profit. Berhalter said the pictures taken were of a plaster cast of Ross's pregnant stomach and other documents and writings found in the residence.
The jury also heard recorded conversations between Carpenter and Ohio Bureau of Criminal Identification and Investigation special agent Mark Rohrer. In those recordings, Carpenter repeatedly said he did nothing wrong. He said on numerous occasions that he was "joking" with celebrity photographers who previously testified that Carpenter approached them to sell items taken from the Ross home.
Special prosecutor Shawn Hervey asked Berhalter if Carpenter ever said he was joking. Berhalter said Carpenter made no mention of a joke. Berhalter said Carpenter "seemed nervous."
The first recorded conversation heard by the jury was the first call agent Rohrer placed to Carpenter on May 28. Rohrer identified himself to Carpenter and told him he was under investigation in the alleged celebrity scandal. Carpenter laughed, and indicated he did not believe the man on the other end of the phone was a state investigator.
"Who is this?" Carpenter said.
The last recorded phone call heard by the jury was recorded on June 5. Carpenter was not laughing. He could be heard crying on the phone.
"This started out as a joke, but it's not funny anymore."
The celebrity photographers allege that Carpenter attempted to sell them items stolen from the Ross residence at a meeting in the parking lot of the Bridgeport Post Office. In the conversations heard by the jury, Rohrer told Carpenter he was recorded during his parking lot meeting with the paparazzi.
He admitted to the court Thursday that the meeting was not recorded. He said the lie was an "investigative technique" to get additional information from Carpenter. Even after being told he was recorded offering to sell stolen items, Carpenter continued to deny the claim and profess his innocence.
Carpenter's reasoning for "joking" or "messing" with the paparazzi was more clearly explained by Carpenter in those recordings. He told Rohrer it involved his alleged co-conspirators - Bridgeport Police Chief Chad Dojack and Dojack's father-in-law Bruce Callarik.
Carpenter told Rohrer the celebrity photographers were staying at the Hillside Motel which is owned by Callarik. Carpenter said he and Dojack thought the paparazzi may stay additional days at the motel if they believed Carpenter had items they may sell to them.
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checkyourself
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11-20-09 7:47 PM
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This guy swore on his kids eyeballs. Thats a desperate comment to me. Its all in the hands of the jury now. Results should be in tonight on the news.
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Diamond2010
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11-20-09 12:21 PM
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Bad boys, bad boys, what you gonna do, what you gonna do when they come for you Carpenter? Maybe you and Dojack can be cellies at the BCI.
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weshatch
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11-20-09 12:01 PM
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He had to ask if he can profit off an "investigation"? Before the Mayor hires or hires, maybe him and others should think about what "Professional" or "Public Trust" means. A poll on this sight asks what business we should try to bring into the area. If we do not stopacting like "Good Old Boy Hicks" no outside business will come in.
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nosmart
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11-20-09 9:25 AM
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yep sell stolen property. me think you already passed legal. go straight to jail. do not pass go.
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boxerboy
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11-20-09 6:38 AM
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I agree with the comments of others who have posted here earlier. The actions taken by Martins Ferry Police Chief Barry Carpenter are inappropriate to his position of trust and he should either resign or be terminated.
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