MOUNT CLEMENS (WWJ) – A Macomb County grandmother facing sentencing for the drowning of her grandson in a bathtub may get another trial.

A judge will hear a defense motion on behalf of Terry Borgia who, after three mistrials, was convicted last month of murder and child abuse for the 2010 death of 4-year-old DeAngelo Tobia.

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Amelia Alkashmika, the victim’s mother, said she wants to see the right person go to prison.

“My mom is such a wonderful lady; has babysat so many children; has taken very good care of her grandchildren,” said Alkashmika at the courthouse Wednesday.  “I mean, there is no way that she would ever do such a thing.”

Haddad contends inappropriate remarks by the assistant prosecuting attorney in his closing arguments infringed on Borgia’s rights.

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Borgia’s defense attorney Mark Haddad said his 63-year-old client is innocent and was trying to cover for someone.

He believes one of Borgia’s daughters, the boy’s aunt, who was at her apartment at the time of the crime,  is responsible.

“The grandmother woke up later … to this horror, and saw the boy dead,” said Haddad. “And [she] realized the only other person who was in the house was the daughter and then concocted the scheme to take the fall.”

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That  daughter — who Haddad and family members say has mental health issues — is currently housed at the Macomb County jail on a different charge.