Woman accused in daughter’s death is indicted

A woman who was convicted of killing her 11-year-old diabetic daughter and later was granted a new trial was indicted on murder charges this week.

A Clark County grand jury indicted Cheryl Botzet for killing her daughter Ariel Botzet, who died in February 2004 when she didn't receive enough insulin to control her condition.

The indictment, signed on Tuesday, accuses Botzet of refusing or failing to supply her daughter with insulin and for failing to provide medical care.

Botzet's attorney, Herb Sachs, said he learned the Clark County district attorney's office was seeking to indict her about three weeks ago. She did not testify before the grand jury.

"Having no evidence whatsoever, they're charging her with murder," Sachs said. "Of course it's upsetting."

Botzet is scheduled to be arraigned before District Judge Sally Loehrer on Oct. 15.

Botzet, who now uses her maiden name Cheryl Musso, lives in Southern Nevada but wasn't available to comment, Sachs said.

Ariel was taken by her mother to a University Medical Center Quick Care on Feb. 6, 2004 and was later rushed to a hospital. Ariel, who was diagnosed with juvenile diabetes at the age of 3, died from severe brain swelling due to lack of insulin.

During her trial in October 2005, prosecutors told the jury that Botzet was trained three times on how to properly care for Ariel and her diabetes. One training session was given in Colorado in 2002 after blood tests showed Ariel's blood sugar levels were "off the charts," prosecutor Vicki Monroe told the jury.

Prosecutors told the jury that Botzet was repeatedly warned to test Ariel's blood sugar levels if she started vomiting.

A doctor from University Medical Center testified that Botzet told his colleagues that Ariel had been sick for four days before she took her to a clinic and had vomited almost two dozen times. But prosecutors said Botzet only tested Ariel's blood sugar level once -- about 30 minutes before taking her to the clinic.

During the trial, Sachs argued that Botzet should be acquitted. He said at the time that there were three bins full of used syringes, which was evidence that Botzet was caring for her daughter's insulin needs. He also said Ariel resisted treatment.

The jury convicted Botzet of second-degree murder. For a second-degree murder conviction, the jury found that the death occurred during the commission of an unlawful act, such as child neglect. She faced at least 10 years in prison.

But a little more than a month later, Loehrer granted Botzet a new trial. At the time, Loehrer said she had erred by allowing testimony into the trial that Botzet wasn't properly caring for her daughter in Colorado.

After she was granted a new trial, Botzet released a statement stating that she was elated to be given a second chance at freedom.

"It is the first time I have seen justice in my instance prevail," she stated.

Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.