Convicted rapist will see no prison time after appeal hearing - WAFF-TV: News, Weather and Sports for Huntsville, AL

Convicted rapist will see no prison time after appeal hearing

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Judge James Woodroof gave Clem a sentence with no time in prison, a 20-year split sentence with two years in community corrections, and three years probation. Judge James Woodroof gave Clem a sentence with no time in prison, a 20-year split sentence with two years in community corrections, and three years probation.
LIMESTONE COUNTY, AL (WAFF) -

The Alabama Court of Criminal Appeals upheld a convicted rapist's sentence after a second appeal by Limestone Countyprosecutors. Unless he violates his probation, or the district attorney and thevictim's family decide to push ahead to the Alabama Supreme Court and get adifferent decision there, Clem will not get prison time on the conviction.

In November, Judge James Woodroof gave Clem asentence with no time in prison, a 20-year split sentence with two years incommunity corrections, and three years probation. A jury convicted Clem forfirst degree rape and second degree rape against Courtney Andrews. The seconddegree rape happened when she was a minor, and the first degree rape happenedafter she turned 18 years old.

Andrews went public to bring attention to thesentence. District Attorney Brian Jones filed a petition of mandamus, askingthe Alabama Court of Criminal Appeals to force Judge Woodroof to change thesentence, because someone convicted of first degree rape cannot be put intocommunity corrections. The court agreed.

Two days before Christmas, JudgeWoodroof took five years off of the split sentence, increased the probation tofive years, took out the community corrections, and still gave Clem no prisontime. Maintaining the judge cannot reduce the split sentence, Jones went backto the appeals court, but this time they denied the request.

All five judges signed off on the decision.Presiding Judge Mary Becker Windom wrote," Judge Woodroof acted within thescope of his jurisdiction when he issued his order on December 23, 2013,reducing Clem's sentence from 20 years to 15 years. Clem's 15-year sentence isvalid.

In a statement, Jones said, "The AlabamaCourt of Criminal Appeals has denied our latest Petition for Mandamus inClem.  After consultation with the victim's family, we are in the processof examining our legal options.  I want to applaud the courage of CourtneyAndrews and her family throughout this entire ordeal.  As always, myoffice will continue to fight for Courtney and for the victims of crime in ourcommunity in the legal system."

Jones said the legal option would be toappeal to the Alabama Supreme Court.

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