ST. CLAIRSVILLE - Special Prosecutor T. Shawn Hervey would prefer that the trial against Bridgeport Police Chief Chad Dojack in the celebrity surrogate scandal doesn't happen.
He said that also was the case in the recently concluded trial that resulted in the conviction of suspended Martins Ferry police chief Barry Carpenter on a pair of felony counts. According to the charges, Carpenter and Dojack conspired to steal and then sell items that identified Martins Ferry woman Michelle Ross as the surrogate for the children of Hollywood stars Sarah Jessica Parker and Matthew Broderick.
Dojack, 30, faces two counts of complicity to burglary and one count of complicity to receive stolen property. He faces a prison term of 9 1/2 years. His trial is set for Jan. 12.
Late last week, Hervey indicated both sides are negotiating an agreement, but he did not use the term "plea deal."
"We're looking to work toward a resolution before trial," Hervey said. "We did the same thing with Carpenter, but when there is not an amicable resolution we're not afraid to try a case."
Some may believe the guilty verdicts against Carpenter improve the chances for a conviction against Dojack. Hervey said that is not necessarily the case. Although the cases are connected, he said they are distinctly different.
"They are separate cases with separate theories," Hervey said. "Carpenter was a direct actor and Chad was complicit, so you approach it differently.
"Of course we believe in the charges, but confidence is a dicey word," he added. "You never know what a jury will do."
Dojack's father-in-law, Bruce Callarik, initially was charged in the case, accused of complicity to receive stolen property. That charge was later dropped. At that time, Hervey said Callarik was more of an asset to the prosecution as a witness than a suspect.
Callarik didn't testify in the case against Carpenter. Hervey would not guarantee that Callarik would take the stand as a witness should the case against Dojack go to trial.
"I can't tell you that," Hervey said. "It's possible. He's definitely available."
The cases against Carpenter and Dojack have received national media attention. Hervey believes the celebrity connection to the case and the fact that it involves two police chiefs makes the case interesting and unique.
In terms of prosecution, Hervey said the case is not unusual.
"Stolen items and people trying to sell them - we get that all the time," he said. "The people investigated is what makes it intriguing. The fact pattern isn't new, but in this case we have police officers and a victim tied to a celebrity.
"I've tried double murders and rape cases," Hervey added. "Those take more out of you because there is real pain and suffering."
Carpenter was found guilty on Nov. 23 of felony charges of theft in office and receiving stolen property. He also was found guilty on a misdemeanor count of tampering with evidence. He faces up to a decade in prison.
The jury found Carpenter innocent on a felony charge of burglary and a felony count of unauthorized use of property and services.
Carpenter will be sentenced Dec. 30 following a pre-sentence investigation ordered by Judge John Solovan. The former police chief remains under house arrest, and is being monitored through a GPS system.