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April 17, 2008
Posted: 03:38 PM ET

NEW YORK – Newly discovered evidence in Cynthia Sommer’s murder case may delay the retrial, currently scheduled for May.

Sommer was convicted last year in San Diego, California, of first-degree murder in the slaying of her husband, Todd, a Marine. But the verdict was set aside, and she received a new trial when Superior Court Judge Peter Deddah ruled that her defense team had been ineffective.

Sommers’ new lawyer, Allen Bloom, told In Session he will be seeking a delay in the new trial. He was recently informed by prosecutors that untested tissue samples from Todd Sommer were located in the Naval lab that did the initial investigation into the marine’s death. Prosecutors have now sent the tissues, preserved in paraffin more than five years ago, for testing at an independent lab.

At a hearing Friday, Bloom expects to ask for a lenghthy delay in the trial. He said he expects no opposition from the San Diego County District Attorney’s office.

Todd Sommer, 23, died suddenly at his home on Marine Corps Air Station Miramar, on February 18, 2002. Initially, the death was believed to be from natural causes, cardiac arrhythmia. Although Todd Sommer was cremated, some of his organs and tissues were preserved for testing.

The results of the recent tissue testing may also be available at Friday’s status conference.

In May 2003, the Environmental Lab of the Armed Forces Institute of Pathology in Gaithersburg, Maryland, tested several tissues and found severely elevated levels of arsenic in his liver and kidneys.

Following a lengthy investigation, the death certificate was amended to a new cause of death, arsenic poisoning, and a new manner of death, homicide.

Cynthia Sommer was arrested and charged with first-degree murder in November 2005. She has always maintained her innocence.

She says the tissue samples may have been contaminated at the lab or somewhere along the way in the lengthy chain of custody. The results of the new tests could bolster the state’s case if elevated levels of arsenic are present. Then, again, those results, if negative for arsenic, will go a long way in supporting Sommer’s claim of innocence.

Beth Karas, In Session correspondent

Filed under: Beth Karas • Cynthia Sommer • Trials


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Adrienne lemons   April 17th, 2008 6:50 pm ET

yea!!! i really really think she is not guilty!!!

Sharen   April 17th, 2008 7:29 pm ET

Since arsenic is a heavy-metal element, it’s one of the few poisons that one could test for in the ashes from cremation. They should do this!

jackie   April 17th, 2008 11:10 pm ET

I live in Wellington also and I just heard on tv that they dropped all charges against Cynthia Sommer because tests results show there is no arsenic found in new test. If this is true, I am glad… I watched most of the first trial… and I found it really hard to believe how they found her guilty in the first place… there was so much doubt… I’m pretty sure she didn’t do it… but if she did… there is just not enough evidence to prove it… I believe she should be free!

LaDonya Armstrong   April 17th, 2008 11:31 pm ET

Yippee!!! I knew she was innocent all along. Who cares if she slept around or got breast implants. She did all of those things AFTER her husband passed. Let this woman go home to her children.

Diana   April 18th, 2008 1:32 am ET

Cynthia was released tonight from jail, ALL charges have been dropped and she is free

Ann   April 18th, 2008 8:15 am ET

I was so delighted with the report that the charges have all been dropped against Cynthia Sommers. I watched the trial from beginning to end and was shocked that a jury could convict someone because they do not agree with their lifestyle. It seems that not one of us can predict how we will deal with the stress of the death of someone we love.

MfromNH   April 18th, 2008 9:16 am ET

I watched the first trial last year and was shocked by the grieving widows behavoir after her husbands death, but no one grieves the same. I did not think that the evidence presented was handled well and now we know that is the truth. She walked out of prison last night and I wish her and her family well. I do hope that she finds some peace within herself.

sean   April 18th, 2008 9:22 am ET

I think that is great. It just proves how bad our justice system is, that we can send an innocent person to jail, and then say opps, you’re free to go.

Shelly   April 18th, 2008 9:26 am ET

This was one defendant that I believed was not guilty.I think they convicted her based mostly on her lifestyle after her husbands death.Everyone grieves in a different way. I hope she gets justice from these new tests.

Charlotte Rudd   April 18th, 2008 9:31 am ET

Lisa,
COME ON, You & I both know THE LAW SAYS It’s the state’s responsibility to proof beyond a reasonable doubt. They have not even come close, there is no glove & it sure does not FIT!!!!!
Let this beaten down Lady go home to her children.

lisa   April 18th, 2008 9:32 am ET

i knew she was innocent !!! thank goodness she can get back to her kids now !!

Rob   April 18th, 2008 9:40 am ET

Look on the periodic table. Arsenic is in Group 5 below Phosphorus it is barely even a metal. The only thing that can be tested is hair or tissue not bone.

Sheila   April 18th, 2008 9:44 am ET

I saw a special about this case. After seeing it, I knew that she was not guilty.

cindy cipollone   April 18th, 2008 9:44 am ET

So happy for Cynthia!!!!!!!Her character was put on trial and it was very unfair!!! I do not believe she was guilty and hope for her happiness!!!!!

Jim   April 18th, 2008 9:45 am ET

Justice has been done! I couldn’t figure out how the jury found her guilty in the first place.

Kathy Brown   April 18th, 2008 9:46 am ET

I am so happy for her. I was shocked when the jury came back with the guilty verdict with no evidence, what so ever, except her behavior.
No one knows how they would behave after the sudden loss of a spouse and being left to support four children. My prayers for her have
definately been answered.

Arleigh   April 18th, 2008 9:48 am ET

I believe she is not guilty. I think she got convicted based on her life style after her husbands death.

Carissa Evans   April 18th, 2008 9:51 am ET

If Cynthia Sommer is released, I will have no faith in our justice system. I also feel sorry for her next husband.

rochelle copeland   April 18th, 2008 10:01 am ET

It’s about time for Cynthia. Now if the State of California can get Phil Spector behind bars, many of us will have some faith in their judicial system again!!!!!!

Marielle   April 18th, 2008 10:06 am ET

I must say that I never believed she killed her husband…something just didn’t add up…I didn’t feel right about the veredict. I’m happy that finally this lady received justice, but I do not understand how this can happen? Why wasn’t all the evidence reviewed the first time arround? How many people are sitting in jail right now who did nothing wrong? This is outrageous!

Lori   April 18th, 2008 10:07 am ET

I always thought she was innocent-good to hear she is out!

Judy   April 18th, 2008 10:08 am ET

I never thought she was guilty. I am glad that she has been released from prison and can try to get her life back together. Seems to me she has a good law suit for slander and false inprisonment.

sjustice   April 18th, 2008 11:03 am ET

It is about time she was set free. I could never, never figure out how they convicted her to begin with. They had no evidence what so ever she poisoned her husband.
YOU GO GIRL!

Tara Crocco   April 18th, 2008 11:08 am ET

I am so happy for Cynthia!! I knew she was innocent. The evidence just didn’t add up right!!!

Dave Barry   April 18th, 2008 11:16 am ET

shes guilty and she knows it he didnt swollow the poison by himself she should just plead guilty and accept her punishment maybe her and jp can be cell mates lol have a good friday ya’ll

Dave

ellen jacob   April 18th, 2008 11:18 am ET

i am so relieved that ms.sommers has been released. her
conviction was always on my mind as one of the greatest miscarriages of justice i’ve seen on court tv. oops insession.

Monique   April 18th, 2008 5:59 pm ET

So who are the Bozo’s that did the original tissue testing, these AFIP people? They should be the ones on trial. I think the system failed miserably.
And on the questions of Cynthia’s conduct following her husbands death…Everyone mourns death diferantly. If I worked in fast food’s,had kids and my Husband had just dropped dead, I cant say that I would make decisions of my life at that time either. She was in search of her healing, and we all do it bazaar ways. Boob-job, drugs, or Alcohol? Which is the least damaging? At least she has something tangable to remember the grief process other than a stay at rehab, or a major headache from a drunk binge.
Leave the poor girl alone to try and have a happy life.

merle   April 18th, 2008 6:14 pm ET

Cynthia should never have been convicted. She was judged for her lifestyle after the fact. Her biggest problem was an attorney that was inneffective and could not even be understood in court. He irratated me and I was just watching on TV. I can only imagine the dislike the jury had for him. You have to pick a likeable Attorney.

walter c.   April 21st, 2008 5:01 pm ET

Who in the world did the original testing? Lets get some more details.Iam sorry to say I thought she was guilty. now Ihave seen the light, and am happy she is free, I stay ever vigilant!

chris   April 22nd, 2008 2:40 am ET

2 years in prison.I think that the state shoud have done a lttle more homework on her case.now I hope she and her children get a huge lawsuit going and win 932 Kazillion dollars!

Kate   April 23rd, 2008 10:25 pm ET

Horay!! I hate to see someone’s lifestyle and mistakes unfairly persucuted by anyone. Just because she gave some moralists the creeps by her handling of the stressful situation of her husbands death, doesn’t mean she killed him. Women’s, in general, sexual descions are under far too much scrutiny. I’m happy shes out and wish her the best!!!!

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

Contributors
Ashleigh Banfield
Co-anchor of the daily trial program Banfield and Ford: Courtside
Ashleigh Banfield
Jack Ford
A former prosecutor and co-anchor of the daily trial program Banfield & Ford: Courtside
Jack Ford
Lisa Bloom
Anchor of the daily trial program Lisa Bloom: Open Court
Lisa Bloom
Jami Floyd
Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
Jami Floyd
Fred Graham
Senior Editor Fred Graham covers legal news in Washington, D.C.
Fred Graham
Jean Casarez
Attorney Jean Casarez covers trials around the country
Jean Casarez
Beth Karas
Former prosecutor Beth Karas covers trials around the country
Beth Karas
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