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A Question of Consent

Craig Waybright, the victim and her former boyfriend, Kenny Britton, spent the evening of January 6, 2002, driving and drinking between Parkersburg and Ravenswood. The unidentified woman, who was 22 at the time, says it was after Britton left them for the night that the incident took place.

Prosecutor: Did the defendant turn right toward your home, or left to go on Route 50?
Victim: Left.
Prosecutor: What did you do when the defendant turned his vehicle left?
Victim: I asked him where he was going. He said 'You'll find out when we get there."

Waybright's attorney George Cosenza said in opening statements that the woman had to be convinced by her boyfriend, now her husband, to report the incident the day after it happened. Assistant Prosecutor Jason Wharton said that when she had an examination at St. Joseph's Hospital, the woman was crying and frightened.

As for why the three originally decided to get together, Britton said it was his idea.

Kenneth Britton: I figured she and Craig could get together and have some sex.

During that five-hour drive, Britton says Waybright at one point used a gun to kill a deer they had hit with Waybright's car. He says Waybright did not use the gun at that point to threaten the victim.

The first time the trial was scheduled, it was postponed because of an error during jury selection.


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