Originally posted by Penny Arévalo (Editor) , May 07, 2013 at 12:41 PM
A second mistrial was declared today in the case against a 45-year-old hockey mom accused of sexually assaulting a 13-year-old friend of her son in her Laguna Niguel home.
Kathia Maria Davis was convicted Aug. 9 of sexually assaulting another of her son's friends, who was 16 at the time, but jurors in that trial deadlocked 10-2 for guilt and a mistrial was declared on charges related to the 13-year-old. After about nine hours of deliberating in this trial, a new panel of jurors said it was deadlocked -- again 10-2 for guilt -- so Orange County Superior Court Judge W. Michael Hayes declared another mistrial.
Deputy District Attorney Jennifer Walker said she wasn't sure if prosecutors would seek a third trial.
"I want to talk to the victim and his parents first," Walker said.
Davis' attorney, David Cohn, said he would make a motion to have the charges related to the 13-year-old dismissed.
"I don't believe it will be anything but the same outcome" if there's another trial, Cohn said. "There will always be jurors who don't believe (the boy)... With that consistency, what's the point of retrying it?"
The two jurors who favored acquittal told Walker they didn't believe the boy's testimony.
"His story just wasn't credible," one juror told Walker after the mistrial was declared.
According to testimony in last year's trial, Davis had sex with the 16- year-old in the summer of 2010 and in the summer of 2011. She was convicted of four felony counts of unlawful sexual intercourse and two misdemeanor counts of contributing to the delinquency of a minor.
In the summer of 2005, another boy on her son's hockey team was staying at her home for a sleepover, Walker said.
When Davis caught her son and the 13-year-old boy sneaking booze she gave them more alcohol, Walker said.
The 13-year-old later fell asleep on the couch with the defendant's feet on his lap as Davis' son and daughter dozed in front of the TV, Walker said.
Davis used her feet to stimulate the boy before the two started kissing, and Davis molested the boy, Walker alleged.
As the alcohol wore off, the boy felt ashamed and rebuffed the defendant later as she attempted to perform oral sex on him, Walker said.
The boy later reluctantly told an older sister, who told her mother about the alleged molestation, Walker said.
The mother confronted Davis at the hockey rink later, eliciting an apology from the defendant, Walker said.
Since last year's trial, the boy recalled another occasion when Davis brought him back to her home and allegedly performed oral sex on him, Walker said.
Davis is not charged with that alleged crime, however, although the boy testified about it.
Neither the boy nor his mother reported the allegations to authorities immediately, Walker said. The boy came forward after seeing TV news reports about Davis and the 16-year-old, Walker said.
Davis denied any sexual contact with the 13-year-old boy when she was interviewed by detectives, but in a phone call to her mother during questioning she allegedly said, "They know about (the 13-year-old) too," according to Walker.
Davis told detectives the 13-year-old "came on to me," but she rebuffed him, Walker said.
Cohn said Davis admitted the sexual relations with the 16-year-old, who was staying with her family at the time, but, "She consistently denies any wrongdoing with (the 13-year-old)."
Davis rejected the drunk 13-year-old boy when he tried to kiss her and she took the alleged victim and her son to a Dennys restaurant to sober them up, Cohn said.
The defense attorney said witnesses offer "inconsistent dates" on the timing of the allegations.
When the boy's mother confronted Davis at the hockey rink she only mentioned the underage drinking, Cohn said.
"She doesn't say she's sorry in relation to any allegations of inappropriate touching," Cohn said.
Davis showed the boy her two MySpace profiles, one of which was a bit more "racy" that included photos of her in bathing suits and "cut-off" shorts, Cohn said. The next day the boy "friended" her on MySpace and shared the profile with a friend, Cohn said.
The boy allegedly told investigators the sexual contact between the two was supposedly "loud," but not enough to waken the son and daughter, Cohn said.
Davis is charged with four felony counts of lewd acts with a minor. She will be sentenced on the previous convictions after the issue of whether to proceed with another retrial is resolved.
— City News Service