No Fifth Trial For Woman In Grandson's Bathtub Drowning
MOUNT CLEMENS (WWJ/AP) - A Clinton Township grandmother who was convicted of murder during a fourth trial has been denied a fifth trial and will spend the rest of her life in jail.
Macomb County Circuit Court Judge Peter Maceroni sentenced 63-year-old Terry Borgia after denying the motion for a new trial.
Borgia was convicted of first-degree murder in the January 2010 bathtub drowning of her 4-year-old grandson, DeAngelo Tobia, after earlier trials ended in mistrials.
Borgia reportedly made incriminating statements to police, saying she "snapped," but did not make an outright confession that she drowned the boy in a Clinton Township apartment she shared with her adult daughter, Tonina, the boy's aunt.
Defense attorney Mark Haddad said Borgia is covering for Tonina — although prosecutors had said there's no evidence that supports that theory.
Borgia's first trial ended in a mistrial after police statements were found to be invalid. Her second trial ended in a hung jury after Borgia's daughter Tonina was found to be an unfit witness due to mental health issues. Her third trial ended in a mistrial after jurors indicated they were deadlocked.
First-degree murder carries a mandatory penalty of life in prison without possibility of parole.
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