SANTA ANA (CBSLA.com) — For the second time, an Orange County jury has been unable to decide on the guilt or innocence of a 45-year-old hockey mom accused of sexually molesting a 13-year-old.
Kathia Maria Davis was convicted Aug. 9 of sexually assaulting another of her son’s friends — that boy was 16.
She has admitted to sexual misconduct with the older boy but adamantly denied any wrongdoing with the younger teen.
After deliberating about nine hours in this trial, a new panel of jurors said it was deadlocked — 10-2 for guilt. At this point, Orange County Superior Court Judge W. Michael Hayes declared another mistrial.
Attorneys return to court April 26 to discuss whether Davis should be tried again.
Deputy District Attorney Jennifer Walker said that decision has not been made by prosecutors. “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 all the charges related to the 13-year-old dropped.
“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 upon the mistrial.
The then 13-year-old boy testified he had “loud” and “dry sex” with Davis on the couch as her two children slept on another couch in the same room. He also said he rebuffed Davis when she initiated oral sex on him. He also didn’t tell the DA that Davis allegedly performed oral sex on him at her house on another occasion.
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.
Davis faces up to five years in prison on the charges she has been convicted of, Walker said. If she is convicted in a third trial she would face up to about another 11 years in prison, Walker said.
Davis denied any sexual contact with the 13-year-old boy when she was interviewed by detectives, but Walker said in a phone call to her mother during questioning, Davis said, “They know about (the 13-year-old) too.”
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