Appeals court won't upset grandma's conviction in drowning of Macomb County grandson



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MOUNT CLEMENS, Michigan — The Michigan appeals court has affirmed the conviction of a Detroit-area woman who went to trial four times before a jury convicted her of first-degree murder in the drowning of her 4-year-old grandson.

A lawyer for 65-year-old Terry Borgia says her right to a fair trial was spoiled by improper closing remarks by a Macomb County prosecutor. The appeals court disagrees in a 3-0 opinion released Wednesday.

DeAngelo Tobia died in 2010 at a Clinton Township apartment shared by Borgia and her adult daughter, who was the boy's aunt.

Borgia's trial attorney says Borgia didn't drown her grandson and was covering for her daughter, who had a history of mental illness.

Borgia is serving a no-parole sentence. Three earlier trials ended in mistrials.

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