During opening arguments Tuesday, an attorney for the middle-aged hockey mom accused of molesting two of her son's former teammates accused the alleged victims of seeking out a sexual relationship with the woman.
But Deputy District Attorney Jennifer Walker accused Kathia Maria Davis, 45, of plying her son’s 13-year-old teammate with alcohol and seducing him during a sleepover after her son and daughter fell asleep on the floor nearby. Walker said she plans to call the child as a witness to help paint a picture of a woman who preyed on two young teens.
But Davis’s defense attorney David Cohn promised the jury it would hear a different story, one in which the Laguna Niguel woman rebuffed the advances of the 13-year-old and in which she mistakenly had a romantic relationship with a 16-year-old boy because she thought he was a legally consenting adult.
Davis faces charges of four felony counts of lewd acts on a child under 14, four felony counts of unlawful sexual intercourse, three misdemeanor counts of contributing to the delinquency of a minor, and a sentencing enhancement allegation for substantial sexual conduct with a child.
If convicted, Davis faces a maximum sentence of 17 years and eight months in state prison.
During her opening arguments, Walker said that the jury should find Davis “guilty of every single charge beyond a reasonable doubt.”
Walker said that in 2005, Davis allegedly let her teenage relative and his 13-year-old friend, who played hockey with the relative, drink alcohol in her home during a sleepover.
After her teenage son and daughter fell asleep on the floor of the room, Davis allegedly sexually assaulted the 13-year-old by kissing and masturbating him.
Walker said she plans to bring the 13-year-old as a witness and that because it happened to someone else he “regrets not coming forward sooner.”
Cohn, the defense attorney, said however, that 13-year-old teen made sexual advances toward Davis at a sleepover at the home and Davis rebuffed him.
“‘I made a move on her,’ is what he said he did,” Cohn said.
Cohn said Davis told the teen, “No” and said that the teen “had too much to drink.”
“There wasn’t any foreplay,” Cohn said. “There wasn’t any kind of hint on her part.”
Both attorneys said that the teens had alcohol and marijuana at parties in Davis' home.
Walker said Davis allegedly provided kids with the substances. However, Cohn said that Davis did not give the teens alcohol and drugs -- they had allegedly brought it to her home on their own.
Davis is also accused of having sex with a 16-year-old in 2010 and 2011 in her bedroom.
According to authorities, the 16-year-old, who also played hockey with Davis' teenage relative, told his mother about the alleged unlawful sexual contact and alcohol consumption with Davis.
The Orange County Sheriff’s Department was contacted, which led to their investigation into the alleged sexual assaults.
Walker said that in addition to witness testimony, recordings of interrogations with Davis would prove that Davis had sex with the 16-year-old.
“You’ll hear from the defendant in her own words on that audio tape and you will hear consciousness of guilt, her admission of guilt,” Walker said.
According to the defense, Davis did have sex with the 16-year-old but that it was consensual and initiated by the teen and that she thought he was above the age of consent.
At the time of the incident with the 16-year-old, Cohn said Davis had been going through a tumultuous divorce with her now ex-husband.
He added that Davis' story had not changed when it came to the 13-year-old.
“She’s consistent with everything that she’s told everybody,” Cohn said.
If convicted, Davis will be required to register as a sex offender. Davis' lifetime sex offender registration would bar her from entering County recreational areas and City parks, which have passed the Sex Offender Ordinance.
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