Disparities in child death cases raise questions

Thu, Aug 11, 2005 (11:10 a.m.)

Why does failing to give an 11-year-old diabetic insulin shots result in a charge of first-degree murder by child abuse, but starving to death a 2-year-old child with cerebral palsy does not?

That's what defense attorney Herb Sachs wants to know because he believes that the disparity in the charges in the two cases supports what he has long been complaining about -- that District Attorney David Roger overcharged his client, Cheryl Botzet, in connection with the death of her 11-year-old diabetic daughter, Ariel Botzet.

Another possibility, however, is that Roger is undercharging Charlene Snyder and Jack Richardson, who are facing second-degree murder charges as a result of the death of 2-year-old Adacelli Louise Snyder.

The minimum prison sentence for a first-degree murder conviction is twice as long as one for a second-degree murder conviction. A person convicted of second-degree murder faces either 10 to 25 years in prison or 10 years to life in prison at sentencing, but a first-degree murder conviction carries the potential sentences of life without the possibility of parole, 20 years to life in prison or a set term of 20 to 50 years in prison.

Sachs points to similarities in the two child death cases that he says call for the charges to be the same in each. Prosecutors, however, say that Adacelli's death was the result of neglect while Ariel's death was a case of abuse.

Sachs says he doesn't see how prosecutors' arguments can hold up. He asks: "Why is Cheryl's case an abuse for allegedly failing to give insulin when apparently withholding food is not abuse?"

Adacelli starved to death in the family's mobile home amid garbage and rotting food, authorities said. She and her surviving siblings were lice-infested and had suffered bites from other insect infestations in the home, police said.

The coroner's office ruled that Adacelli died from cachexia, or general wasting away due to malnutrition and neglect. The coroner also ruled that her death was a homicide.

While Snyder and Richardson are facing second-degree murder due to child neglect, Botzet is charged with first-degree murder for allegedly failing to monitor her diabetic daughter's insulin levels.

Ariel Botzet died in February 2003 of ketoacidosis, an acidifying of the blood that is brought on when diabetics don't receive insulin injections.

The coroner concluded that the condition was a result of chronic medical neglect, but prosecutors charged Botzet with first-degree murder by child abuse instead of second-degree murder resulting from neglect.

Deputy District Attorney David Stanton, who is prosecuting Botzet, said rulings by the courts supported the district attorney's decision to charge Botzet with first-degree murder.

Stanton said the validity of the charges is supported by Las Vegas Justice of the Peace Doug Smith's ruling that enough evidence existed to support a charge of first-degree murder by abuse and District Judge Sally Loehrer's rejection of Botzet's attempt to have her case dismissed.

While Stanton would not comment on the Snyder and Richardson case he did explain the difference between neglect and abuse as it relates to Botzet.

The prosecutor said if Botzet had just forgotten to give insulin to her daughter without any knowledge that such neglect could turn fatal, perhaps Botzet would be facing second-degree murder.

But because the evidence documents that nurses and doctors had repeatedly told Botzet that any failure to give her daughter insulin shots could result in Ariel's death, Botzet's alleged failure to properly administer those shots called for the higher charge alleging abuse.

District Attorney David Roger said after reviewing the evidence in the Snyder and Richardson case it was determined neglect and not abuse was the correct charge.

"We believe that under the statute to prove child abuse, affirmative conduct must be present," Roger said Wednesday. "In this case (Snyder and Richardson) we determined the actions amounted to neglect, not abuse."

But Roger had initially told the Sun on Monday that Snyder and Richardson had not been charged with first-degree murder because to win a conviction on that charge prosecutors would need to prove that there had been premeditation and malice on the couple's part. He later called the Sun to correct himself, however. He was wrong about what is required under state law, which was changed years ago to include the possibility of using the first-degree murder charge in cases when a child dies from abuse.

Sachs points out that doctors apparently warned Snyder about the critical need to care properly for her ill daughter just as Botzet had been, and there is plenty of documentation about the treatment of Adacelli and the warnings and advice given to her parents, not the least of which comes from the files that state social workers compiled while they were working with and monitoring the family for a 11 months.

Clark County Child Protective Services monitored the family from July 2003 to June 2004 after it received reports that Adacelli was losing weight and of poor conditions in the home.

CPS closed its case more than a year ago after declaring the conditions of the home acceptable.

In her own statement to police, Snyder allegedly said a pediatrician told her to provide baby food, cereal and whole milk to "fatten" Adacelli up, and that the infant should be brought back to the pediatrician to have her weight checked, according to the warrant. However, Snyder failed to return for follow-up medical care, according to the warrant.

When asked if a parent not feeding a 2-year-old girl was equivalent to a parent not giving insulin shots to an 11-year-old girl, Roger declined to comment.

Roger also refused to discuss the Botzet case because he has a policy of not discussing ongoing cases.

Snyder and Richardson both pleaded not guilty this morning and had their preliminary hearing set for Sept. 6. In addition to the second-degree murder charge, they face multiple counts of child abuse or neglect for allegedly neglecting Snyder's three other children, ages 1 to 5.

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