Michigan woman's attorney requests 5th trial for 4-year-old grandson's drowning in tub

Terry Borgia convicted 4 times of first-degree murder in DeAngelo Tobia's 2010 death

By Halston Herrera - Digital news editor

MOUNT CLEMENS, Mich. - A suburban Detroit woman's request for a fifth trial in the bathtub drowning of her 4-year-old grandson has been denied.

A Macomb County Circuit Court jury in March had 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.

Her defense attorney, Mark Haddad, had filed an appeal to her conviction and requested a fifth trial.

Borgia was sentenced to the mandatory penalty of life in prison.

"Although the jury saw it one way based on evidence, even though the court feels the other way, can't do anything about it," said Macomb County Circuit Court Judge Peter J. Maceroni.

Today Borgia has a message for her family.

"I just want to say I love my family and I love all of my children, and I loved DeAngelo very much," said Borgia.

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.

DeAngelo's parents believe Terry Borgia is innocent, and they aim their suspicion at Borgia's daughter who was in the home at the time, but was not taken into custody by police.

"They just arrested her mom and let her daughter go. That's what they basically did and that basically got us no justice. That's the only reason why we got no justice right now," said Bashar Alkasmikha, DeAngelo's father.

"My mother is going to prison for the rest of her life, and I do feel my mom is covering up for my sister," said Amelia Alkasmikha.

-- Terry Borgia in court for her sentencing on June 12, 2013

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