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November 26, 2009

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Bail delayed in death of diabetic child

Tuesday, May 25, 2004 | 10:56 a.m.

Justice of the Peace Douglas Smith this morning postponed setting bail for a mother charged with the murder of her diabetic daughter.

Smith said that without knowledge of the home life or mental state of Cheryl Botzet, accused of murder in the Feb. 9 death of her 11-year-old daughter, he could not set bail.

The state requested bail be set at $150,000 for Botzet, whose daughter Ariel died because her insulin level dropped too low.

Police and prosecutors allege Botzet neglected the monitoring of Ariel'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.

The state, citing a past record that included possession of a controlled substance, a positive test for drug use coupled with the severity of the charges, argued the bail request was reasonable.

Botzet's attorney, Herb Sachs, argued his client was not a flight risk but a mother with strong ties to Las Vegas where she has lived since 1981.

Botzet is scheduled to return to court on Thursday, at which time the results of a report from Child Protective Services and Botzet's psychological evaluation will be presented to Smith.

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