VERDICT WATCH TX - Clara Felton, 4 mos, dies of drug OD at day care, Waco, 4 March 2013 *Retrial 2023*

:banghead: Disgusting!!! :stormingmad:

Just goes to show that this can happen to anyone's baby/child anywhere. This was the 4 month old granddaughter of a local judge. Why this daycare has been allowed to stay open is beyond imagination.

http://www.kbtx.com/firstnewsatfour...ator-Charged-In-Overdose-Death-218837021.html

Waco daycare owner Marian Bergman Fraser, 49, who was named in an arrest warrant stemming from the death of the 4-month-old granddaughter of McLennan County Judge Scott Felton, surrendered to police Thursday morning and later was released on bond.

Fraser was charged with injury to a child (causing death).

She was released at around noon Thursday after posting a $25,000 bond.

On April 30 the Texas Department of Family and Protective Services cited the daycare for administering medication without authorization.

“During the inspection it was found a caregiver was administering over the counter medication to a child in care without having the written authorization from the parent,” the department’s child care information website said.

The website said the deficiency was corrected before a May 15 deadline.

This was less than 2 months after beautiful baby Clara died but before autopsy toxicology tests were completed at the end of May!

Here is this precious angel's obituary

http://www.gracegardensfh.com/memsol.cgi?user_id=926542

Clara Marguerite Felton

October 24, 2012 - March 4, 2013

If some wonderful WSer with photo posting abilities would please post this angel's picture, it would be greatly appreciated. It can be found at either link above. TIA

Absolutely gorgeous child.




http://www.gracegardensfh.com/sitemaker/memsol_data/430/926542/926542_profile_pic.png?1374973938

Hope that worked, fhc

Additional charges for other children that have been given the antihistamine without parental consent or instruction.




http://www.kwtx.com/news/local/head...d-In-Death-Of-4-Month-Old-Girl-218757661.html

Clara's parents had never given and her an antihistamine, and if they had the effects would have happened much earlier that morning.

Fraser told police she had a sleep schedule for the kids for two and a half to three hours. You have up to twelve kids you're watching and you're going to get them all to sleep for over two hours?

Something I wonder about is if these little ones slept all night long and aren't nappers then what? You're forcing them by 11:30 to nap for over two hours?

Just a little doll, Clara.

http://www.kwtx.com/home/headlines/...aycare-Owner-In-Benadryl-Death-293725911.html

A Waco couple has filed a lawsuit against the owner of a local home daycare who’s charged in the overdose death of a 4-month-old girl who authorities say was given a dose of an over-the-counter antihistamine so she’d sleep at nap time. Perry and Lauren Felton filed the lawsuit in McLennan County’s 170th District Court against Spoiled Rotten Day Care and its owner, Marian Fraser.

Fraser, 41, is under indictment for murder, injury to a child causing serious bodily injury and 13 counts of endangering a child... After the girl’s death, the parents of the 10 infants had hair samples tested for diphenhydramine, a source close to the investigation said...

He said the suit was filed because the statute of limitations runs out on March 4, two years after the infant’s death. "We were hoping the criminal trial would run its course first, but it hasn't,” said Zollie Steakley, lawyer representing the Feltons Monday. "We're really suing to raise awareness and try to make sure this doesn't happen to any other family," he said. “There is nothing to be had financially from the suit.”

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From May:

http://www.kwtx.com/home/headlines/...are-Owners-Murder-Trial-Begins-305007971.html

A 19th District Court jury decided on a 50-year sentence Tuesday afternoon for a former Waco daycare owner found guilty of murder last week in the death of an infant in her care who died of an antihistamine overdose.

Marian Fraser, 51, must serve half the sentence before she’s eligible for parole.

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Appeals court rules day care owner convicted of murder deserves new trial

http://www.wacotrib.com/news/courts_and_trials/appeals-court-rules-day-care-owner-convicted-of-murder-deserves/article_3f362c8f-0aad-5ae6-84d0-931649cae6f5.html

The Seventh Court of Appeals in Amarillo ordered a new trial Friday for a former Waco day care owner who was sentenced to 50 years in prison in a fatal March 2013 Benadryl overdose death of a baby in her care.

Marian Fraser, now 53, was convicted of murder in 2015 in the death of Clara Felton.

On Friday, the appeals court awarded her a new trial. According to the court’s opinion, the state’s case could have led to Fraser being convicted of murder based on a death that resulted from reckless or criminally negligent conduct, rather than intentional conduct, as should have been required for a murder conviction.

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January 2018:

Former day care owner accused of causing baby's death released after posting bond

Former Waco day care owner Marian Fraser, who won a new trial in June in the Benadryl overdose death of a baby in her care, was released from the McLennan County Jail on Monday afternoon after posting bail.

The Texas Court of Criminal Appeals in Austin set $50,000 bail for the 54-year-old Fraser earlier this month and Fraser was brought back to McLennan County from the Murray prison unit in Gatesville on Friday.

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Barnes and Jackson are taking over the prosecution of the case from the Tarrant County District Attorney’s Office, which agreed to handle Fraser’s case after former McLennan County District Attorney Abel Reyna recused his office. Reyna stepped aside because he is friends with the Felton family and one of his office prosecutors at the time had a child at Fraser’s day care.

Fraser has since hired Jack, a Fort Worth attorney and former Tarrant County prosecutor, to represent her.

“It’s a whole new ball game,” Jack said after Friday’s brief status conference.

“We are all new to this case since we have taken it back from Fort Worth,” Barnes said. “They returned the case to us in the original four boxes, and we are in the process of scanning that to make it all electronic for the discovery process.”

Hodges set another status hearing in the case for Feb. 26.

The Texas Court of Criminal Appeals in April effectively awarded Fraser a new trial after it declined to consider her appeal for a second time. Fraser’s appeal started in Waco’s 10th Court of Appeals but was transferred to Amarillo’s 7th Court of Appeals under a state docket equalization program.

The Amarillo court reversed the conviction, ruling an “egregious” error by Judge Strother involving the definition of “reckless” behavior prevented Fraser from getting a fair trial.

The same appeals court previously reversed the murder conviction in 2017 on different grounds, but the Texas Court of Criminal Appeals, after granting a petition for discretionary review from Tarrant County prosecutors, vacated that ruling and sent the case back to the 7th Court. After the Amarillo court reversed the case for the second time, Fraser won a new trial when the Court of Criminal Appeals declined to consider the case again.
Waco day care owner's retrial in infant's death to feature new faces

Retrial of woman accused of child Benadryl death set for Monday​

Retrial of woman accused of child Benadryl death set for Monday

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Ex-Waco daycare owner convicted in child’s death claims she cannot get fair retrial, demands change of venue​

If Hodges denies the change of venue motion, jury selection in Fraser’s retrial is set to begin Jan. 9.

Retrial postponed for ex-daycare owner charged in child’s overdose death​

Judge concerned not enough jurors available to complete jury selection process​

The ninth day of former Waco day care owner Marian Fraser’s murder retrial bogged down Thursday afternoon after the judge expelled a juror for violating the court’s instructions and his oath as a juror.

Attorneys will give jury summations Friday morning. If convicted of murder, Fraser, 59, faces up to life in prison.