SANTA ANA (CNS) - A 45-year-old hockey mom sexually assaulted the 13-year-old friend of her son as he slept and on another occasion performed a sex act on him in her Laguna Niguel home, a prosecutor told jurors today.
Kathia Maria Davis was convicted Aug. 9 of sexually assaulting another of her son's friends, who was 16 at the time, but is facing a retrial on charges related to the 13-year-old boy because jurors in the last trial deadlocked on those charges.
Davis' attorney acknowledged his client's misconduct with the 16-year-old, but denied the defendant had any sexual relations with the other alleged victim.
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, according to testimony in last year's trial. 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, Deputy District Attorney Jennifer 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, Walker alleged. Then Davis molested the boy before the two had "dry sex" as he penetrated her through her shorts, Walker alleged.
As the alcohol wore off, the boy felt ashamed and rebuffed the defendant later as
The boy later reluctantly told an older sister, who told her mother about the alleged molestation, Walker said.
That led the mother to confront 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 is expected to testify about it, according to the prosecutor.
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.
Defense attorney David 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, which will become important because Davis faces charges of sexually assaulting someone younger than 14.
"It also goes to the credibility of the allegations," Cohn said.
Davis may testify in the retrial, Cohn said.
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 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 retrial is concluded.