Terry Borgia

Case record: Terry Borgia

Background

Terry Borgia was a grandmother in a case involving the death of her grandson, DeAngelo Tobia. Her family members described DeAngelo as “an angel — an angel who didn’t get justice in his forcible drowning more than three years ago.”

DeAngelo’s parents were Bashar and Amelia Alkasmikha. Amelia Alkasmikha, 35, spoke before Terry Borgia was sentenced in Macomb County Circuit Court on DeAngelo’s 2010 death, and she later expressed continued doubts about what happened to her son. Bashar Alkasmikha, 34, also spoke at the sentencing.

Terry Borgia’s daughter and DeAngelo’s aunt was Tonina Borgia. Another named family member was Vicki Borgia, one of Terry Borgia’s three daughters. Vicki Borgia testified during the trial.

Macomb County Circuit Judge Peter Maceroni handled the case throughout the proceedings described in the material.

The offence

DeAngelo Tobia was 4 years old when he died. The drowning occurred in a bathtub in Terry Borgia’s Clinton Township apartment while she was babysitting DeAngelo.

Prosecutors described the case as involving felony murder and first-degree child abuse. The defense contested responsibility and argued that Tonina Borgia committed the crime. In addition to felony murder and first-degree child abuse, Terry Borgia was also described as charged with involuntary manslaughter in DeAngelo’s death.

Terry Borgia told police she put the sleeping, pajama-clad boy in her bathtub filled with water and left him unattended, but she did not admit to drowning him. She did not call 911 and did not help with CPR.

Amelia Alkasmikha said the family did not know what happened to DeAngelo and believed “grandma is covering up for her daughter.”

“He made all our dreams come true. He was a perfect son,” Amelia Alkasmikha, 35, tearfully said before her mother, Terry Borgia, was sentenced to life in prison without parole today in Macomb County Circuit Court in DeAngelo’s 2010 death.
“We still don’t really know what happened to you, but we still feel that grandma is covering up for her daughter.”

Bashar Alkasmikha and Amelia Alkasmikha expressed that they wanted justice for DeAngelo. They suggested the right person was not charged.

Bashar Alkasmikha, 34, agreed, telling the court that authorities don’t have the right person and “we just want justice for our son."

Investigation

A murder case involving Terry Borgia had “many twists and turns,” and the proceedings were affected by issues with a search warrant.

Clinton Township police erred by obtaining a search warrant under false pretenses. The warrant was used by a Clinton Township detective to obtain a jailhouse confession from Borgia, and a recording of that confession had been played to the jury.

The coming weeks included a special hearing for Maceroni to determine how and why the police botched the warrant process.

The warrant request involved photographing jail bruises on Borgia’s arms. The material stated that investigators believed the bruises showed signs that the boy tried to fight his way free from her before he drowned.

A forensic nurse on the scene had included photos of Borgia’s bruises and small lacerations on her fingers. Detective William Furno, in seeking the warrant, said the bruises were not detected at the crime scene.

A taped interview followed. Detective William Furno gained access to the suspect’s jail cell and conducted a 50-minute taped interview that included a confession.

The material also described evidence beyond the jailhouse confession. Chief homicide prosecutor William Cataldo said the prosecution could still rely on testimony that the defendant admitted at various times that she “snapped” and committed the crime. Cataldo also said: “She has never recanted,” and “The defense says she didn’t do it, but she’s never said that."

“She has never recanted,” Cataldo said.
“The defense says she didn’t do it, but she’s never said that."

During a preliminary examination described in another segment, Detective William Furno testified that Borgia said she “snapped,” but also described the incident as an “accident.”

“She stated that she snapped,” Clinton Township Detective William Furno testified Monday.
“She continued to say it was an accident. She didn’t plan it.”

Police were called at 7:14 a.m. after the incident. An autopsy report showed DeAngelo suffered facial abrasions, “compressed lips” and other injuries that indicate he was held under water.

Police Officer Preston Susalla talked to her shortly after police were called.
An autopsy report showed DeAngelo suffered facial abrasions, “compressed lips” and other injuries that indicate he was held under water, Cataldo said.

Arrest

The material described that Terry Borgia was arrested quickly after the death. The case included a phase where she was initially deemed to be incompetent to stand trial and sent to a mental health facility.

Borgia later regained competency and her case proceeded.

Trial

Charges and trial history

Terry Borgia had four trials in total, with three ending in mistrials.

At trial, the defense attorney was Mark Haddad. Closing arguments were set for 1 p.m. with the jury expected to start deliberations the following afternoon, in one described trial day.

Terry Borgia did not testify.

The jury deliberated for about six hours Friday and Monday after a three-day trial in March 2013. She showed no emotion when the verdict was read and was remanded to the county jail without bond.

Assistant Prosecutor Bill Cataldo commented after the verdict, and Haddad gave statements about his view of the case.

Assistant Prosecutor Bill Cataldo said: “We're satisfied with the jury's verdict. It's been a long time in the making,”

Haddad said he was disappointed and expressed that he thought Terry Borgia was innocent.

Haddad said:
“I'm sure the defendant is very disappointed even though she got her death wish,”
“Personally, I think (Terry Borgia's) innocent.”

Haddad also described his closing arguments position that Terry Borgia was willing to be punished to spare Tonina Borgia.

Haddad had told the jury during closing arguments that his client is “perfectly happy to fall on the sword to spare her daughter.”

Defense contentions included that Terry Borgia was covering up for Tonina Borgia. Prosecutors said there was no evidence to charge Tonina Borgia.

Evidence and testimony

During the described trial testimony, Vicki Borgia testified in Terry Borgia’s defense.

Vicki Borgia testified that she did not believe Terry Borgia killed DeAngelo and that someone else killed her nephew. Vicki Borgia testified that Terry Borgia was capable of taking responsibility to protect one of her sisters, Tonina Borgia.

The material stated that Tonina Borgia called 911 and performed CPR on DeAngelo.

Vicki Borgia described Tonina Borgia’s psychological problems and anger issues and said Tonina called her mother a “white Nazi.” The material also stated that Vicki Borgia testified that Tonina Borgia confessed to her that she killed DeAngelo, and that the two were in a car together around the summer of 2010 when the admission was made. Vicki Borgia testified that she did not think either Terry Borgia or Tonina Borgia would have been capable of killing their nephew before DeAngelo’s death.

Terry Borgia was accused in DeAngelo’s death; the defense contended that she covered up for Tonina Borgia.

Vicki Borgia testified that Tonina Borgia had psychological problems and anger issues, was “off the wall” sometimes and called her mother a “white Nazi.”
She testified that Tonina Borgia confessed to her that she killed their nephew, but her sister wasn’t on her medications at the time of the admission while the two were riding in a car together around the summer of 2010.

The material included that Tonina Borgia was expected to testify for the prosecution but failed to appear. Instead, a transcript from her testimony at the last trial in December ended in a mistrial when the jury deadlocked and was read for this jury. Tonina Borgia’s transcript included that she did not have anything to do with the drowning and denied that her mother was covering up for her.

In that testimony, Tonina Borgia said she didn't have anything to do with the drowning and denied that her mother was covering up for her.

Mistrial (June 9, 2012)

A mistrial was declared on June 9, 2012 in the proceedings for Terry Borgia.

Clinton Township detective obtained a jailhouse confession through a search warrant under false pretenses. The jurors had been shown the recording of that confession. After attorneys realized the warrant error, Judge Peter Maceroni halted the first-degree murder trial.

Maceroni would conduct a special hearing to determine the nature of the warrant botch and whether it was an “honest mistake” or amounted to “reckless disregard for the truth” by Furno when he filed his warrant request.

Chief homicide prosecutor William Cataldo contends the error was an “honest mistake,” or if it amounts to “reckless disregard for the truth” by Furno when he filed his warrant request.

The hearing would require the county to subpoena four Clinton Township detectives, three now retired, plus forensic nurse Gail Lippert and a corrections officer at the jail who alerted Furno about the bruises.

Cataldo said the Prosecutor’s Office would seek a new trial and would not offer a plea bargain.

The material noted that without the jailhouse confession, the prosecution could still rely on testimony that the defendant admitted at various times that she “snapped” and committed the crime, and that she had never recanted.

Continued case details (December 7, 2010)

In a December 2010 segment, Borgia was said to have told police detective that she “snapped” but also that the incident was an “accident.” The material stated that she was bound over to Macomb County Circuit Court by visiting Judge Herman Campbell in Mount Clemens on a charge of first-degree murder, or in the alternative felony murder and child abuse, for the Jan. 11 “forced submersion” death of DeAngelo Tobia in the bathtub of her unit at Clinton Place Apartments while babysitting.

The material stated that Borgia had been found mentally incompetent to assist in her defense but had regained competency following a stay in the state Center for Forensic Psychiatry. Psychiatrists had not determined whether Borgia understood her actions were criminal.

Mark Haddad could seek an insanity defense, and even if found criminally responsible, could seek examination by other psychiatrists for a possible insanity claim.

The material described that two of Borgia’s daughters, Tonina Borgia and Vickie, said their mother was depressed and suicidal in recent years after the death of her longtime husband but had been a good and loving mother and grandmother.

Borgia told Furno she was “under pressure” due to financial matters. Haddad pointed out during the interview with Furno at the Macomb County Jail that Borgia seemed mixed up and repeated statements by Furno. Haddad also made a statement about Miranda questions and said he wanted to get it on the record.

“The confused grandmother is parroting back what the officer tells her,” Haddad said.

Haddad described a “serious Miranda question” and indicated that the judge likely would bind over due to the lower standard, probable cause, compared to a trial.

“We have a serious Miranda question in this case,” Haddad told the judge, although Haddad acknowledged the judge likely would bind over the case due to the lower standard, probable cause, compared to a trial.
“I just want to get it on the record,” he said.

The material included the account that Borgia indicated that the night before the incident, she, Tonina, and DeAngelo watched “Sleeping Beauty,” and that Borgia slept with her grandson on the couch.

Borgia said she awoke between 6 and 7 a.m. Jan. 11 and carried a sleeping and pajamas-clad DeAngelo from the living room couch and placed him in the bathtub, filled with water. Tonina Borgia was sleeping in the apartment at the time.

Judge’s remarks and denial of new trial

After the jury convicted her of felony murder and first-degree child abuse in March, Maceroni denied a defense motion for a new trial before sentencing.

Maceroni paused several times during comments. He said that in 23 years on the bench, this was “by far, the most difficult sentence I ever had to impose,” and he said there was no direct evidence but the case was circumstantial evidence.

Maceroni also said: “although the jury saw it one way, case law says even if the court feels the other way, you can’t do anything about it.”

Macomb County Circuit Judge Peter Maceroni, who handled the case the entire time, denied a defense motion for a new trial before sentencing Terry Borgia.
Maceroni said that in 23 years on the bench, this was “by far, the most difficult sentence I ever had to impose,” pausing several times during his comments.
Maceroni said there was no direct evidence, just circumstantial evidence. He said “although the jury saw it one way, case law says even if the court feels the other way, you can’t do anything about it.”

Haddad said he interpreted the judge’s comments as meaning the judge did not believe Terry Borgia was guilty.

Sentencing

On June 12, 2013, Terry Borgia was sentenced to life in prison without parole. The sentencing took place in Macomb County Circuit Court.

During sentencing, Amelia Alkasmikha said that their mother had doubts and wanted justice and also expressed pain at being involved in the case outcome.

During the emotional proceeding, Amelia Alkasmikha and Bashar Alkasmikha spoke, and after that Terry Borgia told her family: she loved them.

“I love all my children. I love DeAngelo very much,” she said, to which Bashar Alkasmikha said: “Tell us the truth.”

After sentencing, DeAngelo’s family said police should have arrested Terry and Tonina Borgia after DeAngelo’s death.

Amelia Alkasmikha said she wished her mother, who helped her deliver DeAngelo, said more about what happened during sentencing, which brought a difficult end to the lengthy and unusual case.

“And now my mom’s going to prison for the rest of her life,” she said, adding: “We love our son. He’s our everything."

Appeals

Haddad said he continued to believe Terry Borgia was covering for Tonina Borgia and that Terry Borgia had a good chance on appeal.

Outcome

Terry Borgia was convicted by a jury of felony murder and first-degree child abuse in March. After multiple mistrials, she was convicted and sentenced to life in prison without parole.

The material indicated that the family maintained doubts about who committed the crime, and DeAngelo’s parents believed Tonina Borgia committed the crime.

DeAngelo’s parents now believe the boy’s aunt, Tonina Borgia — the only other adult in the Clinton Township apartment when 4-year-old DeAngelo died — committed the crime.

Aftermath

The case involved unusual delays and repeated trials, including three mistrials before conviction.

The material included that after sentencing, Amelia Alkasmikha said she did not want to go through another trial and said it was too hard on her to watch videos of Tonina and hear Terry Borgia talk about DeAngelo.

“It's too hard on us. It's too hard on me, watching videos of Tonina talking, saying she killed my son and stuff; hearing my mom talk about my son. It's too painful to go through again."

Amelia Alkasmikha also said she believes her mother should go to prison whether she killed her son or not, because she was one of only two adults in the home when DeAngelo died, and she said she thought Tonina Borgia should go to prison too, even though she did not believe Tonina would be charged.

“Nonetheless, Alkasmikha said that she believes her mother should go to prison whether she killed her son or not because she was one of only two adults in the home when DeAngelo died. Alkasmikha said that she thinks her sister should go to prison, too, but doesn't believe she will ever be charged."

Amelia Alkasmikha described her welcome of the guilty verdict at trial while expressing remaining doubts about who killed her son.

“At least my son got justice,” Alkasmikha, 34, of Sterling Heights said by phone after the verdict in Macomb County Circuit Court.
“I still would like to find out more information and find out who really did this because I'm confused about the whole thing."

Other details

Terry Borgia was described as 63 or 64 during different described moments in the proceedings. During June 9, 2012, she was described as 62.

She had been remanded without bond after conviction.

At one point, Amelia Alkasmikha and her mother’s family presented comments in connection with delivering DeAngelo and their beliefs about coverage.

The material also included that during a jail visit, Terry Borgia mouthed or implied that it was Tonina Borgia, not her, who committed the crime.

DeAngelo died in a Clinton Township apartment. The material used “Clinton Place Apartments” when describing the bathtub location where the death occurred.

Detective William Furno was named in connection with the jailhouse confession and statements about the “snapped” and “accident” statements.

A special hearing was expected to include subpoenas of forensic nurse Gail Lippert and a corrections officer who alerted Furno about the bruises.

Defense counsel Mark Haddad represented Terry Borgia through all four trials. Assistant Prosecutor Bill Cataldo was named in relation to comments during closing arguments and after the verdict.

Tonina Borgia did not appear to testify for the prosecution during the trial last week, and her prior testimony transcript was read when she failed to appear.

On one trial timeline described, Terry Borgia initially pleaded no contest to the first-degree murder charge, though it carried a mandatory life sentence, and she later withdrew the plea before the trial began.

Terry Borgia showed no emotion when the verdict was read.