Defense challenges claim of murder in death of child

By Matt Pordum

Thursday, Sept. 9, 2004 | 9:22 a.m.

District Judge Sally Loehrer on Wednesday rejected an attorney's claim that not enough evidence was presented at the preliminary hearing of a mother charged with murder in the death of her diabetic 11-year-old daughter.

Police and prosecutors allege Cheryl Botzet neglected the monitoring of Ariel Botzet's insulin levels over a period of time, which led to the child's 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, contends the prosecution did not show sufficient proof at Botzet's preliminary hearing to suggest she was guilty of murder. He will have his opportunity to argue for dismissal of the case on that contention at a hearing scheduled for Wednesday before Loehrer.

Sachs argued specifically that the prosecution presented no evidence to suggest Botzet acted with "malice of forethought."

Deputy District Attorney David Stanton disagreed with Sachs, saying during testimony at the preliminary hearing that it was found that "during the last 12 months of this girl's life only a two-month supply of insulin was picked up and administered by (Cheryl Botzet)."

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.

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

Because of a potential conflict with a federal case Sachs is handling, Botzet's trial has been rescheduled from Oct. 11 to March 14, 2005.