Las Vegas Sun

March 28, 2024

Court clears way for second trial in child-killing case

The Nevada Supreme Court has cleared the way for a second trial for Cheryl Botzet, accused in the death of her 11-year-old daughter 11 years ago in Las Vegas.

The court, in a decision released this week, rejected the argument of Botzet's attorneys that double jeopardy precludes that she be tried again.

Botzet was originally convicted of second-degree murder in 2005 in the 2004 death of Ariel Botzel. The mother was accused of failing to monitor and treat the daughter's Type 1 diabetes, the cause of death.

The conviction was overturned because improper evidence was admitted at trial. The district attorney’s office then secured another grand jury indictment.

Attorneys for Botzet argued the second indictment contained different accusations, which amounted to double jeopardy. Their brief said, “To try the same charges under a new indictment with a new case file would violate double jeopardy.”

The Supeme Court said, “It is well settled that where a defendant secures a reversal of her conviction based on trial error, she may be retried for the same offense without violating double jeopardy principles.”

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