Waco, TexasKWTX)- Potential jurors in the Retrial of former Waco daycare owner Marian Fraser filled out forms on Friday and were ordered to return to court on Monday to begin Jury selection.

Lawyers in the case will review 150 questionnaires over the weekend, which court officials hope will help select a fair and impartial jury, starting Monday at 1:00 pm.

Judge David Hodges told a panel gathered in the jury room in the courthouse annex that jury selection could continue on Tuesday and said the trial was expected to last at least 10 days.

Frazier, 59, is accused of murdering and injuring a child in the March 2013 death of Clara Felton, a 4-month-old baby that Frazier cared for at his “Spoiled Rotten” home daycare. Frazier was found guilty of murder and sentenced to 50 years in prison in 2015 after a trial in Waco 19th District Court.

The jury found Frazier guilty of giving an infant a toxic amount of diphenhydramine or Benadryl without the consent of the child’s parents, Perry and Lauren Felton. Clara Felton is the granddaughter of McLennan County Judge Scott Felton.

Frazier’s conviction was overturned and she was given a new trial after the Texas Court of Criminal Appeals ruled that former Judge Ralph Strother gave jurors incorrect instructions regarding Frazier’s criminal mental state on the murder charge.

Frazier, who remains at large on bail, testified at her first trial that she never gave Benadryl to children in her care without parental consent.

Attorneys for Fraser, Christy Jack, Letty Martinez and Alex Thornton, sought to move Fraser’s retrial to another county, citing concerns that publicity about her previous trial and upcoming retrial could taint the jury.

Hodges filed a motion to change the venue, but refrained from making a decision, saying he would wait to see how the jury selection process goes.

The jury questionnaire asked 13 questions and was used to determine whether the panel was publicized in the case; if they have formed any opinion about the case because of the publicity; and whether they formed an opinion about whether Frazier was guilty or not.

The questionnaire also asked if the potential juror, family member, or close friend had been the victim of a violent crime; if they have been charged with a violent crime; if a friend or family member has had a bad experience with the police; what are their main news sources; and whether they know any of the 87 alleged witnesses in the case.

Hodges forbade Fraser’s attorneys and prosecutors Will Hicks and Tara Avants to keep quiet, preventing them from discussing the case in the media.

Parents of 14 other children in Fraser’s care had their hair follicles analyzed at a private laboratory in Houston after the child’s death. Tests showed that other children were given Benadryl without their parents’ consent. However, evidence from these tests will not be available at Fraser’s retrial because the lab has since been closed and its director sanctioned following an investigation by the Texas Forensic Science Commission.

Hair samples were not available for retesting because the lab had destroyed them, officials said.

Copyright 2023 KWTX. All rights reserved.