WACO (January 22, 2014) A McLennan County Grand Jury has handed up indictments against a Waco day care owner who is accused of giving Benadryl to children in her care, one of whom died of an overdose.
New evidence presented Wednesday to the grand jury by prosecutors from Tarrant County resulted in one indictment charging Marian Fraser with murder, one charging injury to a child causing serious bodily injury and 13 charging endangering a child, the grand jury list says.
McLennan County District Attorney Abel Reyna said he asked the Tarrant County District Attorney's Office to prosecute the case because of his friendship with several of the parents whose children tested positive for the over-the-counter drug diphenhydramine, the generic name for the over-the-counter allergy drug Benadryl.
Reyna said he wants to ensure a fair trial and is confident in the Tarrant County District Attorney's Office.
"The overall concern was that you want to avoid the appearance of impropriety or that there was going to be some type of jeopardizing of Mrs. Fraser's right to a fair trial," Reyna said.
Fraser, 49, was first charged in early August with injury to a child (causing death) in the overdose death of 4-month-old Clara Marguerite Felton.
She died at a local hospital on March 4 after she was found unresponsive and not breathing in her crib at the Spoiled Rotten home daycare center at 1725 Hilltop Dr. in Waco.
She was the granddaughter of McLennan County Judge Scott Felton.
But in the weeks after her initial arrest, Fraser was named in additional complaints charging child endangerment after other children at the daycare tested positive for diphenhydramine.
The parents of the 10 infants had hair samples tested for diphenhydramine, a source close to the investigation said.
An 11th infant wasn't tested because he was being given Benadryl under a doctor's direction, the source said.