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Wednesday, July 03, 2002

Jury returns today in sex-with-teen case


Man's defense: It didn't happen in Butler Co.

By Janice Morse, jmorse@enquirer.com
The Cincinnati Enquirer

        HAMILTON — A Butler County jury is to resume deliberations today in the case of a 30-year-old man accused of repeated sexual encounters with his girlfriend's 14-year-old sister, whose baby he fathered.

        The jury deliberated about three hours Tuesday afternoon considering seven charges against Kirk D. Waters. If convicted, he faces up to 27 years in prison.

        The charges are three counts of unlawful sexual conduct with a minor, two counts of sexual battery and two counts of interference with custody. None of the charges allege force.

        Mr. Waters had testified in his own defense Tuesday in Common Pleas Court and admitted having sex with his girlfriend's sister while he was 29 and she was 13. He verified the teen's claim that they had sex 72 times between April and December 2001. He also acknowledged he fathered a baby she bore in November.

        But none of the sex happened in Butler County, he said, contrary to a statement he made to police, when he indicated about five encounters happened in a West Chester Township trailer park.

        Mr. Waters lived with his girlfriend and the teen in Butler and Clermont counties. In Clermont County, he faces a trial next month on 20 additional charges involving the same girl.

        His lawyer, John Forg, attacked the girl's testimony, saying she lacked credibility. Although she specified having sex with Mr. Waters 72 times, she couldn't give an exact number of times it happened in Butler County, Mr. Forg said. He said it was believable that the pair had sex in Clermont County only, and therefore the jury should acquit his client.

        But Assistant Prosecutor Jennifer Muench-McElfresh argued that Mr. Waters gave inconsistent statements.

        First, he said he acted as “a father figure” to the girl. Then he said he felt the teen understood his personal problems, so they began a sexual relationship.

        Holding a photo of the girl snuggling against Mr. Waters, Ms. Muench-McElfresh said, “This is where the cycle of abuse needs to stop. ... Please judge him guilty on all seven counts. ... Please hold the adult responsible for the crimes he committed against this child.”

       



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