(Jun. 11) -- Cheryl Botzet will be tried for the murder of her daughter. Doctors say she let her child die from medical neglect. Cheryl Botzet sat silent and on the verge of tears as she listened to the testimony Friday. She stood when the judge announced his decision to proceed to trial for the murder of her daughter, 11-year-old Ariel.
Judge Douglas Smith stated, "I find the state met this burden and they have proven the crimes set forth in the amended complaint."
With that Cheryl Botzet's friends wept. Judge Douglas Smith made his decision after hearing from seven prosecution witnesses. The defense did not call anyone to the stand. During the hearing there were heated arguments between the judge and defense attorney Herb Sachs, as well as Sachs and prosecutor Vicki Monroe.
The most damaging witness was Cheryl Botzet's estranged husband Randy Botzet. He testified that in November of 2003, three months before Ariel died from what the detectives say was neglect, his wife made this threat. "She said you will never get custody of her. I don't care what I have to do," Randy Botzet reiterated.
Defense attorney Herb Sachs tried to paint Ariel's father as an uncaring parent who was not involved in his daughters life. "Did you ever go and ask the school people who was Ariel's doctor? No. You wanted to know who the doctor was didn't you sir? Yea," Sachs said.
In the end the judge decided to go to trial, ruling there was enough evidence that Cheryl Botzet willfully neglected to give Ariel her insulin shots causing the death of the11-year-old.
Defense attorney Herb Sachs said, "Judge has to base it on the evidence given. There was nobody who testified in any regard that cheryl dilberatly did this."
It was very emotional for Ariel's father. He was holding back tears at different times in the courtroom. Randy and Cheryl had another child, a 14-year-old son. He's with his father now.
Cheryl Botzet remainds behind bars. Her attorney asked the judge to reduce bail from $150,000. The judge refused saying she is enough of a flight risk.
11-year-old Ariel Botzet
Cheryl Botzet in court Friday
Randy Botzet
