On October 1st, the Seventh Court of Appeals upheld the murder conviction of 60-year-old Marian Fraser, a daycare owner sentenced to 50 years in prison following the death of an infant in her care. In March 2023, a jury found Fraser guilty of administering a fatal dose of Benadryl to 4-month-old Clara Felton, the granddaughter of McLennan County Judge Scott Felton, to make the baby sleep.
Fraser had previously won a new trial after her 2015 conviction was overturned due to improper jury instructions regarding her culpable mental state. The recent case was prosecuted on appeal by Appellate Chief Sterling Harmon, with assistance from Assistant District Attorneys Tara Avants and Will Hix.
District Attorney Josh Tetens expressed pride in the prosecution team, stating, “There can never be a more important case to prosecute than the senseless death of a child. I am beyond proud of our entire team for how they have brought justice to Marian Fraser.”
Currently, Fraser is being held at the Murray prison unit in Gatesville, with a projected parole eligibility date in July 2045 and a projected release date in July 2070, according to the Texas Department of Criminal Justice.
