Bail rejected for woman whose diabetic daughter died

Thursday, May 27, 2004 | 9:40 a.m.

A mother accused of murder in the death of her diabetic 11-year-old daughter was refused bail this morning because Child Protective Services officials have not been allowed to investigate the safety of her home.

Ariel Botzet died on Feb. 9 because her insulin level had dropped too low. The coroner's office ruled her death a homicide.

Justice of the Peace Douglas Smith said he wanted the report before setting bail for Cheryl Botzet, but this morning was told investigators were not able to get into her home.

Botzet's attorney, Herb Sachs, said if Smith set bail his client would be able to let investigators into the home, but she is unable to do so while incarcerated.

Chief Deputy District Attorney Vicki Monroe argued that releasing Botzet on bail would allow problems at the home to persist. Monroe raised questions about the safety and state of Botzet's 17-year-old son.

"The police are currently investigating (the teen) on an arson charge," in connection with a fire at a storage shed, Monroe said.

Monroe said the arson investigation, coupled with fact that Botzet's teenage son hadn't been enrolled in school since February 2002, raised serious questions about the safety of the home.

Smith said without a full report on the home he would not set bail for Botzet, and set a preliminary hearing for June 10, when he may reconsider bail.

Sachs said he would arrange for another family member to unlock the home for the safety inspection. He said after the hearing he did not know who was caring for the boy.

"Perhaps if they had been allowed to earlier we wouldn't be here right now," Smith said. "You (Sachs) want me to set bail and release her (Botzet) and we haven't seen the home where a girl died."

Police and prosecutors allege Botzet neglected the monitoring of Ariel's insulin levels over a period of time, which led to her death.