Tuesday, June 29, 2004 | 9:26 a.m.
The mother of a diabetic 11-year-old who died on Feb. 9 because her insulin levels were too low pleaded not guilty to the charge of murder before District Judge Sally Loehrer on Monday.
Cheryl Botzet, 38, is scheduled to go to trial Oct. 11 in connection with the death of her daughter, Ariel Botzet. Police and prosecutors allege Botzet neglected the monitoring of Ariel's insulin levels over a period of time, which lead to her death.
Botzet's attorney, Herb Sachs, who unsuccessfully tried three previous times to have his client's bail lowered from $150,000, was granted a slight reduction by Loehrer on Monday.
Loehrer lowered Botzet's bail to $100,000. Sachs complained that amount was essentially the equivalent of no bail because it remains so high as to be unaffordable to Botzet.
Bail is supposed to be set based on whether or not a defendant is a flight risk or a danger to society, Sachs noted.
"She (Botzet) turned herself in voluntarily to the police, and certainly she would have fled before that if she was planning on it," Sachs said. "Child Protective Services has investigated the matter and has filed no charges. There is no legal reason for such a bail. The District Attorney's office has stretched the charges against my client."
Loehrer said although Botzet's case may be unprecedented in the state of Nevada, she could not lower the bail any more because of the severity of a murder charge.
Loehrer said if Botzet did post bail she would be placed under intense supervision, which entails weekly check-ups on her whereabouts and activities.
Ariel 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 showed the condition was a result of chronic medical neglect.
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