WACO, Texas (FOX 44) – Marian Fraser was convicted in 2015 for causing the death of baby, Clara Felton.
Prosecutors argued the daycare owner gave Clara and other children in her care Benadryl in their bottles, in order to keep them on a strict sleep schedule.
One of the children, Aiden Ancira, took the stand after the sentencing. When he was tested, he had 3 times the legal limit of Benadryl in his system.
The re-trial presented challenges for the prosecution, but they stood on the shoulders of everyone who advocated for Clara Felton and the other children.
Prosecutor Tara Avants said, “Children are given medication without your consent. That’s the ultimate form of betrayal. And that’s what the Felton’s experience. And that’s what many parents experience to let Marian take care of their children.”
The prosecution believes it was Fraser’s previous accounts that helped reveal the truth in the inconsistencies.
The judge removed one of the jurors from the trial who is accused of violating instructions in their interaction with other jurors.
Christy Jack who represents Marian Fraser has filed an appeal, “It was impossible for Marian Fraser to receive a fair trial in Waco, Texas. Two jurors were related to one another. One juror admittedly engaged during misconduct and conveyed the information that was occurring daily in the news. Wouldn’t surprise me if we’re back for round three and hopefully that time will change venue.”
District Attorney Josh Tetens said they will investigate the juror’s actions further.