The legal battle over the murder conviction of Marian Fraser is taking another twist.
The 7th District Court of Appeals in Amarillo reversed the murder conviction of Marian Fraser Friday.
Fraser was convicted in 2015 for the death of Clara Felton at Fraser daycare on March 4th, 2013. Clara was found in the nap room unresponsive and not breathing.
Despite efforts by emergency personnel, she could not be revived.
Toxicology tests revealed a toxic level of the drug that is the active ingredient in Benadryl.
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.
In addition to the fifty-year sentence, Fraser was assessed a $10,000 fine.
The Court of Appeals first overturned the conviction in June of 2017. The Texas Court of Criminal Appeals reversed that decision after an appeal from prosecutors and sent it back to the lower court for further review.
Now, the Court of Appeals has overturned the conviction for a second time, saying the trial court erred in its charge to the jury. The court says that error robbed Fraser of her right to a fair trial and affected a defensive theory.
The McLennan County District Attorney’s Office recused itself from the initial trial, so the District Attorney from Tarrant County took over. FOX44 News reached out for comment. We will update this report when we receive more information.