Source: Lexington HeraldLeader Pubdate: June 13, 1997 Contact: 16062313454 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]