Chris Berhalter called claims that he advised former Martins Ferry Police Chief Barry Carpenter to delete photos from his cell phone "simply not true."

Wednesday as Carpenter was sentenced to two years and eight months in prison, the new affidavit was revealed, and the defense is using it as grounds for their motion for a new trial.

The affidavit comes from Martins Ferry Interim Police Chief Phil Hartman.

In it, he states he ran into Chris Berhalter in a Martins Ferry barber shop and they discussed the surrogate mother break-in case.

Hartman stateed that Berhalter spoke of a phone call he had with Carpenter in which Carpenter asked for advice about what to do with pictures he'd taken on his cell phone.

Hartman claims in the affidavit that Berhalter told him he had urged Carpenter to delete those photos.

"Well to this day I've never seen this affidavit," Berhalter said. "I was just advised about it late yesterday afternoon. But if it reports to make allegations that I advised him to destroy anything, that's simply untrue.

"During the course of this trial I testified at length about the phone call that Mr. Carpenter placed to me asking the legality of selling items. Mr. Carpenter himself testified about this conversation. I know for certain my testimony and I've been advised about Mr. Carpenter's testimony, that neither of us ever mentioned a conversation we had during that phone call about destroying any evidence.

"You can imagine that I'm shocked and disappointed that well after this trial, a personal friend of Mr. Carpenter's has come forth to provide new information about a conversation he was never a part of. A conversation, or information from a conversation, that differs substantially from what I and Mr. Carpenter have testified to."

Hartman reportedly did not come forward before this because he said he didn't see the information as important.

He said he later realized, after reading a news report, that it was a vital part of the case.

Berhalter is a friend of Carpenter's, and recused himself from the case from the beginning.

It was handled by Special Prosecutor Shawn Hervey, of Harrison County, Ohio.

Carpenter was taken directly from the courthouse after sentencing to the Belmont County Jail, where he spent the night.

A jail spokesperson said Carpenter is no longer in the jail, having apparently been transported to the State Corrections and Reception Center in Orient, Ohio, Thursday morning.