Kathia Maria Davis, the Laguna Niguel hockey mom accused of sexually assaulting her son's 13-year-old teammate, will be tried a third time, according to the Orange County District Attorney's office.
Juries have twice deadlocked on verdicts in the case, although the 45-year-old was convicted Aug. 9 of sexually assaulting another friend of her son's, the victim being 16 at the time.
Orange County Superior Court Judge W. Michael Hayes today agreed to allow another trial in the case of the 13-year-old, but indicated it would be the last chance for prosecutors, reports City News Service, noting a pretrial hearing is set for May 28.
Jurors deadlocked 10-2 in favor of guilty verdicts in March and at the August trial, prompting Hayes to declare mistrials in each. Deputy District Attorney Jennifer Walker was told by the two dissenting jurors in March that they didn't believe the boy's testimony.
Davis was convicted on felony counts of unlawful sexual intercourse and two misdemeanor counts of contributing to the delinquency of a minor for her trysts with the 16-year-old in the summers of 2010 and 2011, when he stayed at the divorcee's home with her family. She faces up to five years in state prison for those crimes, but sentencing has been delayed pending a resolution on the four remaining felony allegations involving the younger teen that could fetch Davis another 11 years behind bars.
The 13-year-old claims Davis got him drunk before the sex acts, and after the charges were filed he recalled another assault that is not included being prosecuted. The boy adds Davis also showed him her MySpace page with revealing photos of her in a bikini and cut-off shorts.
But Davis' attorney David Cohn, conceding his client had sex with the 16-year-old, says she vehemently denies having assaulted the 13-year-old, claiming she rebuffed his advances.