Waco, Tx (FOX44) – A bit of additional drama surfaced as the trial of a day care operator charged in connection with the death of a child neared its conclusion.
McLennan County District Attorney Josh Tetens confirmed that one of the jurors was removed from the jury – and is accused of violating instructions in that juror’s interaction with other jurors.
The exact nature of the alleged conduct was not described, and it was not immediately known if any further action would be taken against the juror.
District Attorney Tetens issued the following statement regarding the incident:
“Our team of prosecutors have worked diligently to ensure this trial has and will continue to be handled professionally. We were all disappointed to learn about juror misconduct today and will be reviewing the evidence presented in court.”
The new murder trial of Marian Fraser, who is accused in the death of a child she gave Benadryl to, is being heard in McLennan County’s 19th District Court despite an earlier motion by defense attorneys to have the trial moved on a change of venue.
Fraser was granted a new trial following her conviction and sentencing in the death of Clara Felton at Fraser’s daycare on March 4, 2013. Clara was found in the nap room unresponsive and not breathing. Despite efforts by emergency personnel, she could not be revived.
Toxicology tests revealed a toxic level of the drug which is the active ingredient in Benadryl. Fraser was accused of giving children in her care the drug as part of the way to keep the children in her care on a set sleeping schedule.