ST. CLAIRSVILLE, Ohio -- The jury hearing the case against Martins Ferry Police Chief Barry Carpenter ended deliberations for the weekend Friday night after being handed the case at 4:20 p.m. Friday. Both the prosecution and defense were called into the judges chambers at least twice to answer the jury's questions.
One of the jurors in the case was dismissed and one of the alternate jurors was brought in to replace her. An official reason for her dismissal has not been released.
The jury has been hearing the case since 8:30 a.m. Monday.
After the state of Ohio rested its case against Carpenter, his attorney asked that some of the counts against his client be dropped. The Chief is charged with breaking into the home of Sarah Jessica Parker's surrogate mother Michelle Ross.
Dennis McNamara has asked that count six, unauthorized use of property, be dropped against Carpenter.
That allegation suggests that Carpenter used the OLEG computer system to obtain personal information about Michelle Ross.
Judge John Solovan denied the request and said the charge will go to the jury.
McNamara also asked that count five be dropped against his client. Count five deals with tempering with evidence.
It suggests that he should not have deleted one or more photographs from his cell phone.
Carpenter said he took the pictures inside the home because he thought they were crime scene photos. The state believes if that is true that Carpenter should not have deleted from his cell phone. Judge Solovan ruled he will not dismiss the charge.
McNamara asked Solovan to drop the burglary and trespass charges against Carpenter.
He argues that it was normal for Carpenter to enter a home he thought was broken into and questions how that could trespass.
McNamara says that while there is circumstantial evidence that his client may have taken some items there is no evidence to suggest he trespassed.
He said that without trespass there can be no burglary. He hints there could be a theft carge instead.
Judge Solovan said the burglary counts will remain before the jury.
On Thursday surrogate Michelle Ross took the stand and testified that the things that were missing in her home were the same things that Carpenter allegedly claimed to have and wanted to sell to the paparazzi. Carpenter admitted on audio tapes that he met with the paparazzi behind the Bridgeport Post Office. While he admits he told the paparazzi he had certain personal items for sale, he claimed it was all a joke.
Carpenter also says he did tell Bridgeport Police Chief Chad Dojack that he had the items in question, but he says he was joking with him too.
Prosecutors played seven different tape recordings in which Carpenter was being questioned by BCI Special Agent Mark Roar. The state in their closing arguments will lay the groundwork that Carpenter changed certain elements of the story each time he was questioned. Throughout the taped interview Carpenter could be heard saying, "I didn't take anything." He does admit though to going into Ross' home because he saw a basement screen door opened and thought someone may have broken into the home. Once inside he said he did see the items in question, including a belly cast, private surrogacy documents, and family photos. He says he did use his cell phone to take a picture of the belly cast.
Carpenter said he used bad judgment and even called his actions stupid. He swore on his kids eyeballs that he didn't take the items.
Reporter Dave Elias has been in the courtroom since the trial began and is monitoring every development and will bring up to the minute details on wtrf.com and 7 News.