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Ex-Waco daycare owner convicted in child’s death claims she cannot get fair retrial, demands change of venue

WACO, Texas (KWTX) – The former owner of a Waco day care is asking a judge to move her retrial in the 2013 death of a child in her care to another county.

Marian Fraser, former owner of Spoiled Rotten Day Care, alleges in a change of venue motion that she cannot receive a fair trial in McLennan County because of “inflammatory, provocative and prejudicial pretrial publicity” surrounding her case.

Fraser, 59, was sentenced to 50 years in prison in 2015 after her murder conviction in the March 2013 death of 4-month-old Clara Felton at Fraser’s former day care on Hilltop Drive.

The child, the granddaughter of McLennan County Judge Scott Felton, died from a toxic level of diphenhydramine, or Benadryl. Trial testimony showed the baby’s parents, Perry and Loren Felton, did not give the girl Benadryl nor did they give Fraser permission to do so.

Fraser’s conviction was overturned after years of appeals on two appellate court levels and she ultimately was awarded a new trial. Fraser, who remains free on bond, operated the day care in her home for 25 years. She testified at her first trial in Waco’s 19th State District Court that she never gave Benadryl to the children in her care without parental consent.

Subsequent tests of hair follicles of at least 14 other children in Fraser’s care revealed they also had been given Benadryl without their parents’ knowledge or consent. However, evidence of those alleged extraneous offenses might not come into play at Fraser’s retrial because the Houston lab at which the testing was done has been discredited by a Texas Forensic Science Commission investigation.

Judge David Hodges, who is presiding over Fraser’s retrial, has set a hearing for Wednesday to consider Fraser’s change of venue motion and other pretrial matters filed by Fraser’s attorneys, Christy Jack, Letty Martinez and Alex Thornton.

If Hodges denies the change of venue motion, jury selection in Fraser’s retrial is set to begin Jan. 9.

Jack declined comment on the case Tuesday.

Hodges is presiding over the case because Judge Thomas West recused himself because he is a former law associate of Fraser’s former attorney, Gerald Villarrial. Retired Judge Ralph Strother presided over Fraser’s 2015 trial.

Clara Felton’s body was taken to the Southwestern Institute of Forensic Sciences in Dallas. All tests pertaining to her death were done there, so the state’s case-in-chief relating to the toddler’s death remains intact. After her death, parents of other children in Fraser’s care independently went to a private lab for hair follicle testing on their children. The introduction into evidence of those extraneous offenses regarding the other children could be in jeopardy, officials said.

Prosecutors Tara Avants and Will Hix will be alleging Fraser mixed Benadryl with the children’s formula or juice to make them drowsy and easier to manage.

Before the baby’s death, children and parents sang Fraser’s praises, affectionately calling her “Mimi,” according to trial testimony.

Privately, however, some called her the “Nap Nazi” because of Fraser’s strict policy that parents could not pick up their children during the three-hour afternoon nap period and her habit of calling parents to pick up their crying kids who were keeping others awake, trial testimony revealed.

Fraser also is asking Hodges to suppress the results of search warrant seizures of Fraser’s cell phone and other electronic devices, alleging the searches were unconstitutional because the affidavits for the searches were not specific enough.

Her attorneys also are seeking to quash the indictment against Fraser, which alleges murder and injury to a child causing serious bodily injury, both first-degree felonies. The motion alleges the indictment fails to properly specify the elements of the offense, including Fraser’s intent or culpable mental state.

“The indictment fails to inform the defendant of the charge against which she must defend,” the motion alleges.

Copyright 2023 KWTX. All rights reserved.

Former Waco daycare owner, employee plead guilty to physically abusing children

WACO, Texas (KWTX) – The former owner of a Waco day care facility and one of her employees pleaded guilty Tuesday to physically abusing a number of children in their care five years ago, including one who suffered a dislocated shoulder and broken elbow.

Pepper Jones, 42, former owner of Miss Pepper’s Day Care, 3800 Lasker Ave., is seeking deferred probation after pleading guilty to one count of injury to a child and six counts of endangering a child. Her former employee, Brittany Starr Hale, 35, who pleaded guilty to six counts of injury to a child, also is asking 54th State District Judge Susan Kelly to place her on deferred probation.

The women’s quest for probation and the fact that they participated in the plea hearings remotely and not in person did not sit well with some of the 20 parents and family members of the children who suffered abuse at their day care who came to court Tuesday.

Robert and Megan Chavez, whose 7-year-old daughter still suffers lingering effects from the 2017 abuse, said Tuesday’s plea hearing brought back a flood of mixed emotions. They said it was a relief to hear the women acknowledge their guilt after so long.

KWTX ARCHIVES: Families of children physically abused at Waco daycare tell their stories

“That was, I felt, like a slap to the face,” Robet Chavez said of the women’s guilty pleas via teleconference. “You had the courage enough to hit our kids. Why can’t you face the parents. We are here. You took the money to watch our kids, yet to do this suddenly behind our backs, you know?

Kelly will schedule a sentencing hearing in July or August at which prosecutors Will Hix and Tara Avants will call some of the parents to testify. Robert Chavez said he thinks Jones and Kelly deserve maximum punishments allowed by law.

“To be honest, I think they should get what is coming to them,” Robert Chavez said. “The max amount. ”

Injury to a child is a third-degree felony punishable by up to 10 years in prison. Endangering a child is a state jail felony punishable by up to two years in a state jail.

Jones pleaded guilty without benefit of a sentencing recommendation from Hix or Avants. The prosecutors recommended that Hale be placed on deferred probation for 10 years and fined $1,000 on each count. Brian Howell, Jones’ attorney, and Whitney Fanning, who represents Hale, both told Kelly that their clients will be seeking deferred probation.

In deferred adjudication cases, there is no final judgment of guilt if defendants complete the terms and conditions of probation.

Howell deferred comment Tuesday until after Jones is sentenced.

Fanning said Hale “is a nice person who got caught up in a bad situation.” He deferred additional comment until after she is sentenced.

The women were arrested in June 2017 after a Waco police investigation into allegations of child abuse at the day care. Waco police said at the time that children between the ages of 10 months and 2 were physically abused at the day care center, including being pushed or pulled down, having their hair pulled and being struck by the women.

According to arrest affidavits for Jones, the mother of a 2-year-old boy reported her son suffered arm injuries in April 2017. The boy could not speak in complete sentences, but touched his arm and said, “Pepper, my arm, right here, doctor,” while being examined at a local hospital.

The boy also pointed to his buttocks and said, “Pepper.”

The injury to a child indictment against Jones charges she hurt a boy by “yanking and/or pulling and/or jerking his arm.”

The endangering a child counts involve six children and charge that Jones “intentionally, knowingly, recklessly, or with criminal negligence, engaged in conduct that placed (the children) in imminent danger of death, bodily injury, or physical or mental impairment, by failing to protect them from assault by Brittany Hale. ”

The first count against Hale alleges she hurt a girl by grabbing her, pulling her hair and jerking her head by pulling her hair. The second count alleges she hurt a girl by “picking her up by her arm and/or forcing her to the floor and/or causing her head to snap back.”

The third count alleges Hale injured a girl by grabbing her pigtail “to forcibly move her around,” while a fourth count charges Hale with injuring a girl by pulling her around by her ear.

Hale is charged in count five with grabbing a boy’s “buttocks and/or grabbing both sides of his head to pull him off the floor forcing him to stand.” The final count alleges Hale injured another girl by pushing her off a bench onto the floor.

A video from the day care shows Hale grabbing a 2-year-old girl’s hair and pulling her forward, according to arrest documents.

Jones is co-founder of No Limitations Athletics, a group that offers free athletic opportunities to special-needs children. No Limitations issued a statement after her arrest that said Jones resigned from the group.

Copyright 2022 KWTX. All rights reserved.

DOU CRR – KINDERGARTEN FROM A TO Z, Cherkessk (TIN 0917970698), details, extract from the Unified State Register of Legal Entities, address, mail, website, phone, financial indicators

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CfDJ8BWwtsnsfW1DmJmxNv0KRTqrspKBUoN0OgIuZuf28ZAxHuauznGol4MfBObERzwTa20a-C9xZ219SEHBbJvIanlxMVgOl7xTSPA4BgD94pcTNQrO-whSszJELbKSkqWBh_ewOCPTGwz-LHKJJTwz-LHKJJVd

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Preschool educational institution “Child development Center – Kindergarten from A to Z”

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DOU “TSRR – Detski Sad OT YA”

Carachazheevo -Cherkessskaya Republic . , Cherkessk, Lenina Prospekt, 83

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0917970698

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1120

0693

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091701001

Karachay-Cherkess Republic, Cherkessk

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22
91408439

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Karachay-Cherkess Republic, Urban districts of the Karachay-Cherkess Republic, Cherkessky, Cherkessk

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December 21, 2012

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Federal Tax Service for the KChR

Address of the registering authority Krasnoarmeyskaya, 70

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Office of the Federal Tax Service for the Karachay-Cherkess Republic

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The company DOW CRR – KINDERGARTEN FROM A TO Z, address: Karachay-Cherkess Republic, Cherkessk, Lenina Avenue, 83 was registered on 12/21/2012. The organization was assigned TIN 0917970698, PSRN 1120

0693, KPP 091701001. The main activity is preschool education, in total 3 types of activity are registered according to OKVED. There are no connections with other companies.

Number of co-owners (according to the Unified State Register of Legal Entities): 1, General Director – Fatima Yakubovna Kochkarova.
The company DOW CRR – KINDERGARTEN FROM A TO Z did not take part in tenders. There are no enforcement proceedings against the company. DOW CRR – KINDERGARTEN FROM A TO Z did not participate in arbitration cases.
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