A suburban Detroit woman's attorney has requested a 5th trial in the bathtub drowning of her 4-year-old grandson.
A Macomb County Circuit Court jury last month convicted Terry Borgia in the January 2010 death of DeAngelo Tobia. Borgia stood trial three earlier times before she was found guilty of first-degree murder in her fourth trial.
On Wednesday, defense attorney Mark Haddad said the sentencing was postponed. He field an appeal to her conviction and requested a 5th trial. The judge is not sentencing Borgia until he makes a decision on the appeal.
Haddad said the appeal was filed because the defense feels there was not enough evidence for the jury to convict the defendant.
DeAngelo drowned at a Clinton Township apartment that the 63-year-old Borgia shared with her adult daughter, who is the boy's aunt.
A trial in December ended with a hung jury. Two earlier mistrials occurred before the case went to the jury.
First-degree murder carries a mandatory penalty of life in prison without the possibility of parole.
A sentencing hearing is scheduled for Wednesday.