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No Fifth Trial For Woman In Grandson’s Bathtub Drowning

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Terry Borgia (Booking Photo)

Terry Borgia (Booking Photo)

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.

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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