EXSHERIFF SENTENCED TO
YEAR IN DRUG CASE

PIKEVILLE A former Eastern Kentucky sheriff was sentenced
yesterday to a year and a day behind bars for failing to report
drug activity in his own family.

U.S. District Judge Joseph Hood said former Breathitt County
Sheriff Ray Clemons violated a public trust by not turning his
daughter and soninlaw in. Hood said he sympathized with a
father in such a situation, but noted that Clemons took a solemn
oath to uphold the law.

"This has aspects of a crime where you're put between a crack
and a hard place," Hood said. "You swore to uphold the law.
That's when the hard choices come. Unfortunately, when the hard
choice came, you forgot about your role as sheriff and maintained
the role of father. That's not what you were paid to do. That's not
what you swore to do."

Clemons was convicted in March of misprision of a felony for not
reporting the marijuana trafficking by Crystal and Michael
Southwood. He was acquitted of two counts of lying to the FBI
about his knowledge of drug activities in the county.

Clemons resigned in May after his motion for a new trial was
denied. Hood said he would grant bond while Clemons appeals
his conviction.

The Southwoods pleaded guilty to conspiracy to distribute
marijuana. They denied that the sheriff knew anything about their
activities.

Clemons, 48, is the third Breathitt County law officer convicted of
a federal drug crime since 1995.

Hood could have given Clemons up to 18 months and a $10,000
fine. Receiving a sentence of more than a year means Clemons is
eligible for release after serving 85 percent of his sentence.

Defense attorney Ned Pillersdorf had pleaded for leniency. He
said Clemons' daughter is under house arrest with a newborn
baby, and her husband is in jail. He asked Hood to allow Clemons
to remain free because he was the only breadwinner in the family.

"Mr. Clemons basically supports his daughter and granddaughter
and his ailing wife," Pillersdorf said.

Pillersdorf also argued that Clemons was just being a father.

"Legally, the court may find that a crime," Pillersdorf said. "In
essence ... it's almost human nature."

Assistant U.S. Attorney Mark Wohlander said Clemons was
doing more than just covering for his family. He said Clemons
divulged information about ongoing drug investigations and
endangered the lives of police officers.

"He didn't cross the line as a father," Wohlander said. "But
stepped over the line as a law officer."

Crystal Clemons Southwood, 21, is serving a sentence of six
months' home detention and three years' probation for conspiracy
to distribute marijuana. Michael Southwood, 30, is serving six
months in prison and three years of supervised release.

[Copyright 1997, Dialog]