WACO, Texas (KWTX) — A Texas appeals court has reversed the felony murder conviction of former Waco daycare operator Marian Fraser and sent the case back to the trial court, finding prosecutors relied on evidence taken from her electronic devices under search warrants that were not supported by probable cause.
Fraser, 61, is serving a 50-year prison term after she was convicted a second time in the 2013 Benadryl overdose death of Clara Felton, an infant in her care.
“While we are disappointed with the Amarillo Court of Appeals’ ruling, we still firmly believe that Fraser’s conviction should be affirmed. For that reason, we look forward to seeking review by the Texas Court of Criminal Appeals,” said McLennan County District Attorney Josh Tetens.
“Should justice ultimately require it, we will absolutely try Fraser again. The fight for Baby Clara and her family is ongoing and we will continue using every tool the law provides to hold Fraser accountable,” Tetens further said.
In a memorandum opinion on remand issued May 6, 2026, the 7th Texas Court of Appeals in Amarillo said the trial court erred by denying Fraser’s pretrial motion to suppress evidence and text messages seized and searched from electronic devices.
The court said it could not conclude beyond a reasonable doubt that the improperly admitted evidence did not contribute to Fraser’s conviction or punishment.
The ruling follows a prior decision from the Texas Court of Criminal Appeals, which upheld the legal sufficiency of the evidence supporting Fraser’s felony murder conviction but sent the case back to the Amarillo court to decide whether the search-warrant error was harmful.
Fraser was convicted a second time in Waco’s 19th District Court in the 2013 death of “Baby Clara,” who prosecutors said died after ingesting diphenhydramine, the active ingredient in Benadryl, while in Fraser’s care.
Fraser ran a successful daycare for more than 20 years. She was called “Mimi” by the kids in her care and the “Nap Nazi” by some of their parents because of her rigid naptime schedule and restrictive rules for picking kids up early.
During its closing arguments, the State told the jury Fraser was “in the business of putting kids to sleep, and she was good at it because she used medication.”
The State further argued in its closing arguments that Fraser “used medication in those bottles to put those kids to sleep … Fraser drugged those children to make her life easier because she was lazy.”
In its harm analysis, the Amarillo court pointed to the State’s repeated emphasis on the electronic-device evidence at Fraser’s last trial, including text messages that prosecutors enlarged and displayed for jurors and testimony from Fraser’s daughter about messages and moving medications.
The court said the State used those communications to argue Fraser was trying to hide evidence and show consciousness of guilt.
Baby Clara died on March 4, 2013. On March 8, Fraser exchanged text messages with her daughter.
One such exchange, according to court records, was presented to the jury as evidence during Fraser’s second trial:
DAUGHTER: The licensing lady was in the driveway when I got home.
FRASER: What did U tell her [?]
DAUGHTER: She’s going to sit out and wait.
FRASER: Oh that’s crazy.
DAUGHTER: Yeah … in her car.
FRASER: So she’s outside[?] Ok. Do me a favor and the kids [sic] medicine that is in the cabinet in the daycare room go put it in ur closet[.] Thanks. Just in case she looks[.] call me.
After Baby Clara’s death, a dozen or more parents had their children tested at a Houston lab. Their hair follicles tested positive for diphenhydramine, the active ingredient in Benadryl, but the results of those tests were ruled inadmissible at Fraser’s first trial because the lab has since been decertified and its owner discredited for unrelated reasons.
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