Chris_Halkides
Penultimate Amazing
- Joined
- Dec 8, 2009
- Messages
- 12,560
Marian Fraser was a popular day care provider in Waco, TX, until Clara Felton died in her care. The cause was an overdose of the antihistamine Benadryl (Diphenhydramine). One thing that surprised right away was that 3.2% of overdose deaths in the US are from Diphenhydramine. Overdoses (presumably not always fatal) may occur from oral, topical, or intravenous means. Possibly substandard hair analysis for this substance was performed on other children and was introduced at her first trial, but it was later ruled inadmissible. The prosecution alleged that she used Benadryl to get children to sleep during nap time. She denied giving medications without the consent of the parents.
Ms. Fraser was charged with felony murder, partially on the basis of her answer to a prosecutor's question. At her first trial (in a lengthy report from Texas Monthly): "Especially damaging was Fraser’s answer when Westmoreland pressed her on whether administering diphenhydramine to a four-month-old constitutes an “act clearly dangerous to human life”—the exact language Texas law uses to define felony murder. “Yes,” Fraser answered under cross-examination. “Because you’re not supposed to give it to them under two years of age.”" This strikes me as odd for two reasons: Ms. Fraser is not a lawyer herself and that some parents acknowledged giving Benadryl to their infants. After the second trial, an appeals court agreed that the charge of felony murder was legally appropriate, but a higher court disagreed.
Another odd aspect to this case is that Ms. Fraser later acknowledged using Benadryl as part of a recipe she found for a topical treatment for diaper rash. I am unaware of any way to differentiate between topical versus oral administration of this drug. Holding the retrial in Waco is open to debate, as well.
Ms. Fraser was charged with felony murder, partially on the basis of her answer to a prosecutor's question. At her first trial (in a lengthy report from Texas Monthly): "Especially damaging was Fraser’s answer when Westmoreland pressed her on whether administering diphenhydramine to a four-month-old constitutes an “act clearly dangerous to human life”—the exact language Texas law uses to define felony murder. “Yes,” Fraser answered under cross-examination. “Because you’re not supposed to give it to them under two years of age.”" This strikes me as odd for two reasons: Ms. Fraser is not a lawyer herself and that some parents acknowledged giving Benadryl to their infants. After the second trial, an appeals court agreed that the charge of felony murder was legally appropriate, but a higher court disagreed.
Another odd aspect to this case is that Ms. Fraser later acknowledged using Benadryl as part of a recipe she found for a topical treatment for diaper rash. I am unaware of any way to differentiate between topical versus oral administration of this drug. Holding the retrial in Waco is open to debate, as well.