JP supported in high bail in case of diabetic child’s death

Tuesday, June 8, 2004 | 10:01 a.m.

District Judge John McGroarty ruled a justice of the peace did not abuse his power in setting bail at $150,000 for a woman accused of murdering her diabetic 11-year-old daughter by not keeping the child's insulin levels in check.

Police and prosecutors allege Cheryl Botzet neglected the monitoring of Ariel Botzet's insulin levels over a period of time, which led to her death. Under Nevada law it can be considered murder if a child dies as result of parental abuse or neglect.

Botzet's attorney, Herb Sachs, argued that Justice of the Peace Douglas Smith abused his discretion in setting bail at $150,000, saying if the case weren't being so closely followed by the media Smith would have set a much lower bail.

"Perhaps if the (television) cameras were not in the courtroom, he (Smith) wouldn't have treated it as such," Sachs said.

McGroarty at first said he would not rule Monday and would instead allow Smith to revisit the bail issue after evidence was heard during Botzet's preliminary hearing scheduled for Thursday.

Only seconds later, McGroarty said he would lower the bail to $25,000, but quickly recanted after hearing an argument from Chief Deputy District Attorney Vicki Monroe.

"I'm sorry, but the court is making a mistake in light of what will be presented on Thursday (at Botzet's preliminary hearing)," Monroe said. "With all due respect to Mr. Sachs, perhaps he doesn't know the evidence. There is strong evidence that says this was premeditated. She (Botzet) faces life without parole if convicted. This is not a $25,000 bail case."

McGroarty's final ruling was to allow Smith to reconsider bail after the preliminary hearing, saying that the issue could also be addressed by the District Court judge who would hear the matter if it goes to trial.

Smith has said the first-degree murder charge, which could carry a sentence of 20 years to life or 50 years to life, immediately made relevant the question of whether Botzet is a flight risk.

Additionally, Smith had raised concerns about the safety of Botzet's 17-year-old son, who lives with Botzet.

But Child Protective Services issued a report to Smith saying that although the son hadn't been in school in two years, the agency didn't believe he would be endangered if Botzet was released.

Ariel Botzet died of diabetic ketocidosis, which involves 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 showed the condition was a result of chronic medical neglect.

A doctor told Metro Police investigators that if Cheryl Botzet had sought medical care for her daughter, the girl would not have died, the arrest report notes.