Charges upheld against mother who visited breast implant website while son drownedTED SEIFER
New Hampshire Union Leader
December 24. 2013 1:55PM
CONCORD -- The state Supreme Court has upheld the manslaughter conviction against a Manchester woman whose infant son drowned in a bathtub while she spent time on a breast implant website.
Jessica Botelho's 1-year-old son drowned after she allegedly left them unattended in the bathtub for more than 40 minutes on July 13, 2010.
Botelho, 26, was sentenced to 5-10 years in prison, following her convictions in Hillsborough County Superior Court on manslaughter and reckless conduct charges in March 2012.
She appealed the convictions the state's highest court, arguing primarily that the name of the website she visited should not have been admitted into evidence.
That website was "myfreeimplants.com," where people can solicit donations to support the plastic surgery procedure.
The Supreme Court, in its opinion issued Tuesday, noted that Botelho admitted visiting the site, and that the state's evidence outweighed any prejudicial effect disclosing the name of the website might have had on the jury.
"Given the strength of the State's alternative evidence, the relatively inconsequential nature of the disputed evidence, and the manner in which the State used the disputed evidence, we are persuaded, beyond a reasonable doubt, that evidence relating to myfreeimplants.com did not affect the verdict," the court noted in its opinion.
Botelho was released from prison pending the appeal.
Following the ruling Tuesday, the Hillsborough County Sheriff's Office arrested Botelho in Nashua without incident, and she was transported to the New Hampshire State Prison for Women in Goffstown.