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DAY 2 UPDATE: Former Waco daycare owner returns to trial over child's antihistamine overdose

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Posted at 9:36 PM, Mar 01, 2023
and last updated 2023-03-02 22:58:53-05

WACO, Texas — UPDATE: Day two of testimony wrapped up on Thursday afternoon in the re-trial of Marian Fraser.

Thursday, the jury heard testimony from four witnesses, including the medical examiner that performed Clara Felton's autopsy, and two investigators from the Department of Family and Protective Services.

The medical examiner, Dr. Elizabeth Ventura, testified that the amount of diphenhydramine, the active ingredient in Benadryl, in Felton's blood was so high that she initially believed it to be a mistake. She later declared Felton's death a homicide.

DFPS investigators also took the stand to discuss their findings the night of Felton's death and in the investigation thereafter.

Jurors listened to an interview between then-DFPS investigator Elaine Gatewood and Fraser the night of Clara’s death. In it, Fraser lays out the timeline. Fraser says she put Clara down for a nap at 12:30 p.m. and checked on her at 2:30 p.m. A little after 3 p.m., she was unresponsive.

Prosecution also drew attention to a photo taken by DFPS. A bottle of Equate allergy relief is located next to a pill crusher and scale.

Live updates from Thursday's trial can be found in this Twitter thread:


An ex-daycare owner is back in trial this week — facing charges for allegedly giving a deadly amount of Benadryl to a four-month-old.

Marian Fraser was originally convicted with the murder of the child in a 2015 trial and sentenced to 50 years in prison.

That conviction was later remanded by the 7th Court of Appeals in 2019, explaining the evidence presented in the trial did not match a felony murder conviction.

Testimony began in the 19th District Court under Judge David Hodges on Wednesday.

The infant, Clara Felton, died on March 4, 2013 with toxic levels of the antihistamine in her system after being dropped off at Fraser's 'Spoiled Rotten Daycare' in Waco.

Felton was the granddaughter of McLennan County judge, Scott Felton.

Wednesday's testimony included the lead crime scene investigator at the scene, who walked through evidence, including photos, from the day of Felton's death.

A toxicologist also walked through the toxicology report from the time of Felton's death, which he said showed a much higher level of diphenhydramine than would typically be found in an adult's body for proper use.