Judge approves insanity defense

January 23, 2011 • Local News

ALBUQUERQUE (AP) — 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 [auth] Stan Whitaker gave approval Friday to Tiffany Toribio’s attorneys to present the defense. She is accused of suffocating Ty Toribio in May 2009 and burying him in sand at an Albuquerque park’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 didn’t want her son to have the same kind of life. The decision wasn’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

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