ALBUQUERQUE (AP) â€” Lawyers for a mother accused of suffocating her 3-year-old son and then burying him in a park will be allowed to present an insanity defense at her murder trial.
District Judge Stan Whitaker gave approval Friday to Tiffany Toribioâ€™s attorneys to present the defense. She is accused of suffocating Ty Toribio in May 2009 and burying him in sand at an Albuquerque parkâ€™s playground.
Toribio has pleaded not guilty to murder, child abuse and other charges. She reportedly told police after her arrest that she was homeless and didnâ€™t want her son to have the same kind of life. The decision wasnâ€™t opposed by prosecutors, despite a law saying they should have been given notice within three weeks of her arraignment in June 2009, according to KRQE-TV