SANTA ANA (CBSLA.com) — A 45-year-old hockey mom – already convicted of sexually assaulting the 16-year-old friend of one of her son’s — is also accused of assaulting a 13-year-old boy in her Laguna Niguel home.
Deputy District Attorney Jennifer Walker told a jury Thursday that Kathia Maria Davis assaulted the 13-year-old — also a friend of her son’s — as her children slept on a couch nearby. Davis is also accused of trying to perform oral sex on the teen.
Davis was convicted Aug. 9 of sexually assaulting the 16-year-old but jurors deadlocked on charges regarding the 13-year-old forcing a retrial. In that 2012 trial, Davis was convicted of four felony counts of unlawful sexual intercourse and two misdemeanor counts of contributing to the delinquency of a minor.
Davis’ attorney says his client admits to misconduct with the 16-year-old but denies she had any sexual relations with the 13-year-old.
In the summer of 2005, the then 13-year-old boy — who played on her son’s hockey team — was staying at her home for a sleepover, Walker alleges.
When Davis caught her son and the 13-year-old boy sneaking booze she gave them more, Walker said.
While her son and daughter slept on the couch, Walker says Davis propped the 13-year-old’s feet onto her lap and started massaging them before they began to kiss.
Walker then alleges the kissing led to the boy having “dry sex” with Davis as he penetrated her through her clothing. The boy allegedly felt ashamed when Davis tried to perform oral sex on him.
When he got home the next day, he told an older sister what allegedly happened. The sister told their mother, Walker said.
After last year’s trial, the then 13-year-old told prosecutors Davis took him to her home and performed oral sex on him on another occasion, according to Walker.
The boy came forward after seeing TV news reports about Davis and the 16-year-old, Walker said.
When interviewed by detectives, Davis denied any sexual contact with the 13-year-old. Walker alleges that during a phone call to her mother during questioning Davis allegedly said, “They know about (the 13-year-old) too.”
Davis told detectives the 13-year-old “came on to me,” but she rebuffed him, Walker said.
David Cohn, Davis’ defense attorney, says his client had sexual relations with the older boy — who was staying with her family — but “consistently denies” anything happened with the younger boy.
He alleges Davis rejected the drunk 13-year-old boy’s advances.
The defense attorney said witnesses offer “inconsistent dates” about the allegations and that is important because Davis is accused of sexually assaulting someone younger than 14.
The 13-year-old boy allegedly also told investigators the sexual contact between he and Davis was supposedly “loud,” but apparently 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 retrial concludes.