Child Rapist's Early Prison Release 'Shocks' Riverside County DA

RIVERSIDE COUNTY, CA — Cody Woodson Klemp was 38 years old when he was convicted in 1994 on 40 felony counts stemming from forced sex with his 14-year-old niece in Riverside County.

The convictions included 10 counts of rape, 10 counts of forced oral copulation, and 20 counts of committing a lewd and lascivious act.

Klemp was sentenced to 170 years in prison, but on Nov. 8 the state parole board found Klemp’s low risk for violence and his current age of 67 as reasons why he should be paroled.

If the board does not rescind its finding, Klemp will be released from Chino-based California Institution for Men on or before March 15, 2024.

The office of Riverside County District Attorney Mike Hestrin objected to the parole board's finding and on Friday the DA issued a statement.

“Although this practice of early release is far from unusual these days, considering the inmate’s particularly violent criminal history, and admissions to the parole board itself, it is shocking that such a release would be considered,” Hestrin said. “This is a devastating blow to victims, and our office will continue to fight on their behalf.”

The victim in the case also issued a statement Friday via Hestrin's office, though her identity was not released.

“This is about how the spirit of reform became lost and because of this, women, children, and the vulnerable will become new victims, or the current victims will be revictimized,” she said. “There is a need to modify reform laws to exclude adults who have committed sexual offenses. To exclude those with violence against the vulnerable. To recognize that we can differentiate between those who might have murdered as a gang member when they were young because they were caught up due to demographics, racism, poverty — from those who have a propensity or disposition to sexual harm.”

Klemp is eligible for parole under California's Elderly Parole Program, which requires the parole board to give special consideration to whether age, time served, and diminished physical condition, if any, have reduced an elderly inmate’s risk of violence.

Currently, the Elderly Parole Program applies to inmates 50 years or older who have served 20 years or more of continuous incarceration. Anyone sentenced as a second or third striker, anyone sentenced to death, anyone sentenced to life without the possibility of parole, and those convicted of first-degree murder of a peace officer are excluded, though there are some exceptions for inmates 60 and older who have served 25 years of continuous incarceration.

Hestrin's office plans to appeal the parole board's decision and send a letter to Gov. Gavin Newsom requesting a hearing to reconsider Klemp’s release.

In addition to Klemp's 1994 conviction, Riverside County court records show he was convicted in 1993 on one count of felony inflicting injury on his wife/child. He was also convicted in 1992 on two felony drug charges, the records show.

According to Hestrin's office, in 1976 and again in 1981 Klemp was convicted of rape in Long Beach.

Klemp abused his niece after she was placed in his care in Moreno Valley, despite the rape convictions, Hestrin's office reported.

The girl escaped the Moreno Valley home and eventually told her therapist about the abuse; that provider reported the crimes to authorities, the DA's office said.

During his trial, the court heard evidence that Klemp threatened to kill his niece for going public, according to Hestrin's office.