Lawyer expects child neglect charge against dead girl’s mom

Thursday, July 8, 2004 | 9:19 a.m.

The lawyer for a 38-year-old woman accused of murdering her diabetic daughter claims the District Attorney's office intends to present a case of child neglect before a grand jury.

Cheryl Botzet is scheduled to go to trial Oct. 11 on a charge of first-degree murder in connection with the death of her daughter, Ariel Botzet. Police and prosecutors allege Cheryl Botzet neglected the monitoring of Ariel's insulin levels over a period of time, which led to the girl's death.

Sachs said the District Attorney's office must not feel confident that a jury would find his client guilty of murder because prosecutors are now pursuing a child neglect charge.

Deputy District Attorney David Stanton refused to comment on the case.

District Judge Sally Loehrer told Sachs that if a grand jury does convene to consider a charge of child neglect, Loehrer will reconsider Botzet's bail.

Loehrer lowered Botzet's bail from $150,000 to $100,000 on June 28, but Sachs complained that amount was essentially the equivalent of no bail because it remains so high as to be unaffordable to Botzet.

Sachs was before Loehrer on Wednesday to request more time to prepare his argument that "as a matter of law the Justice Court didn't have enough evidence" to send Botzet to trial on murder charges.

Loehrer granted a time extension for Sachs. Arguments are to be heard and a decision rendered on Sachs' motion on Sept. 29.

Ariel Botzet died of diabetic ketocidosis, a condition involving an acidifying of the blood caused by a lack of insulin. The condition can be mistaken for a cold or flu, the report says, and parents of diabetic children are instructed that if their child appears ill, immediate medical attention should be sought.

An autopsy found that Ariel's death was a result of chronic medical neglect.