Woman accused of drowning her grandson in the bath could be freed after 3 mistrials

By Daily Mail Reporter Published: 17:29 EST, 20 December 2012 | Updated: 17:42 EST, 20 December 2012 4 View comments Freed: Terry Borgia, 63, is set to be released from prison following three mistrials over her grandson's murder

Woman, 63, who 'drowned four-year-old grandson in the bath' set to be freed after THREE mistrials

  • Terry Borgia, 63, jailed in January 2010 for murder of DeAngelo Tobia

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Freed: Terry Borgia, 63, is set to be released from prison following three mistrials over her grandson's murder

Freed: Terry Borgia, 63, is set to be released from prison following three mistrials over her grandson's murder

A grandmother is on the verge of being freed from prison today, three years after she was accused of drowning her four-year-old grandson in the bath.

Terry Borgia, 63, has been in jail since January 2010 for the first-degree murder of DeAngelo Tobia at her apartment in Clinton Township, Detroit.

There have been three mistrials in Borgia's case - the latest this month when proceedings ended in a hung jury.

They unanimously agreed that she was not guilty of first-degree murder but jurors could not reach an agreement on lesser charges.

The judge at Macomb County Circuit Court said on Thursday he would release the grandmother if a supporter came up with $5,000 bond.

Her attorney Mark Haddad told the Detroit Free Press: 'I’m almost tempted to do it myself.

'This is an odd case and it’s a deserving lady.'

Haddad argued at trial that Terry Borgia is covering for another daughter Tonina Borgia who has mental health problems.

Tonina was in the apartment when the four-year-old died but no charges have been brought against her.

Mrs Borgia's second daughter and mother of DeAngelo, Amelia Alkasmikha, does not want her mother released and is fighting to find out what happened to her son. 

Killed: DeAngelo (pictured) was found dead and his mother Amelia Alkasmikha wants her mother to remain in jail for the crime

Killed: DeAngelo (pictured) was found dead and his mother Amelia Alkasmikha wants her mother to remain in jail for the crime

On her release, Borgia will live with her third daughter Vicki but is not allowed to be in the presence of her grandchildren.

Vicki Borgia said she is desperate to help her mother adjust to life outside of jail and has no concern about her children being around her. 

Verge of release: The judge at Macomb County Court said the grandmother would be released if a supporter could put up the $5,000 bond

Verge of release: The judge at Macomb County Court said the grandmother would be released if a supporter could put up the $5,000 bond

At her first trial in February 2010, Borgia pleaded no contest to first-degree murder. It was declared a mistrial after police statements were found to be invalid in court.

At her second trial, Borgia's daughter Tonina was declared unfit to be a witness after mental health issues and being arrested. Proceedings ended in a hung jury.

Borgia's next pre-trial date is set for January 24 where she may face lesser charges.

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