Ala. man convicted of rape may request new trial

ATHENS, Ala. (AP) - A lawyer said he's considering asking for a new trial for an Alabama man who was convicted of raping his neighbor but has avoided prison time despite the objections of prosecutors and jurors.

Dan Totten said the conviction of his client, Austin Clem, was unjustified and the court proceedings were one-sided.

"The evidence was not really as strong, as far as I'm concerned, as it should have been for a conviction," he told the Decatur Daily ( http://bit.ly/1bqngcO) for a Tuesday story.

Jurors in September found Clem guilty in a series of attacks on a former neighbor that began when the now 20-year-old woman was 13.

Limestone County Circuit Judge James Woodroof originally sentenced Clem to spend two years with a community corrections program that would have allowed him to continue living at home, spend three years on probation and pay $1,631 in restitution to the victim.

Prosecutors argued it violated state law and the Alabama Court of Criminal Appeals ordered the judge to resentence him. The jury foreman also said the panelists also expected prison to be part of the sentence.

So Woodroof looked at the sentence again, and in a second ruling announced Monday, did away with the community corrections program and ordered the 25-year-old to spend five years on probation.

The victim has spoken out against Clem's resentencing and said she's extremely upset with the judge's ruling.

___

Information from: The Decatur Daily, http://www.decaturdaily.com/decaturdaily/index.shtml


(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Top Stories

  • Community In Shock
    2 dead, 4 students struggling to survive after Marysville-Pilchuck High School shooting
ATTENTION COMMENTERS: We've changed our comments, but want to keep you in the conversation.
Please login below with your Facebook, Twitter, Google+ or Disqus account. Existing MyNorthwest account holders will need to create a new Disqus account or use one of the social logins provided below. Thank you.
comments powered by Disqus
Sign up for breaking news e-mail alerts from MyNorthwest.com
In the community
Do you know an exceptional citizen who has impacted and inspired others?
KIRO Radio and WSECU would like to recognize six oustanding citizens this year. Nominate them to be recognized and to receive a $2,000 charitable grant.