Waco, Tx (FOX 44) – The jury reached a verdict Friday, March 10, in the murder trial of Marian Fraser. The jury found her guilty of murder.
Fraser is sentenced to 50 years in prison with no fine.
Prosecutors successfully argued Fraser gave Benadryl to young Clara Felton at Fraser’s daycare on March 4, 2013. Clara was found in the nap room unresponsive and not breathing. Despite efforts by emergency personnel, she could not be revived.
After the child’s death, toxicology tests revealed a toxic level of the drug that is the active ingredient in Benadryl present in her body. Fraser was accused of giving children in her care the drug as part of the way to keep the children in her care on a set sleeping schedule.
After Fraser’s first conviction in 2015, an appeals court first overturned the conviction in June 2017. The Texas Court of Criminal Appeals reversed this decision after an appeal from prosecutors and sent it back to the lower court for further review.
In a convoluted chain of events, the lower appeals court overturned the conviction for a second time – saying the trial court erred in its charge to the jury. The court said this error robbed Fraser of her right to a fair trial and affected a defense argument. A new trial was then ordered.