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April 18, 2008
Posted: 10:33 AM ET

NEW YORK – Newly discovered evidence proved enough to convince Superior Court Judge John Einhorn to drop murder charges against Cynthia Sommer in San Diego yesterday. Read more

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Correspondent Beth Karas is on the ground, reporting from outside the San Diego courthouse. Stay tuned to In Session, which will feature a live interview with Cynthia Sommer and her attorney today at 12 ET.

Sommer was convicted last summer of poisoning her husband, Todd, with arsenic, but the verdict was later thrown out when the trial judge ruled Sommer’s defense team was ineffective. A new trial was scheduled, but recent discovery of tissue samples from Todd Sommer threw a wrench into those plans.

The tissue samples were tested by an independent lab, and found to have to have no arsenic in them. Sommer and her defense team have always maintained that the 23-year-old marine died from a heart attack.

Sommer has always maintained her innocence, telling Beth Karas earlier this week in an exclusive jailhouse interview that she did not kill her husband and was confident a new jury would find her not guilty.

Late yesterday District Attorney Bonnie Dumanis filed a motion in San Diego Superior Court asking that the charges be dropped, and Sommer was freed. Dumanis said, “the case was dismissed because after consulting with experts, we concluded there was reasonable doubt.” When asked if the system failed Cynthia Sommer, Dumanis stated, “the system has not failed her and we did acted in an appropriate and timely manner.”

Watch In Session for the latest on this developing story.

John Alleva, In Session field producer

Filed under: Beth Karas • Cynthia Sommer


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Barbara   April 18th, 2008 10:38 am ET

I am so very happy to hear that Cynthia was released. I watched her trial and thought her attorney did a lousy job and I emailed him in Florida several times to tell him to look into the fact that I had read an newspaper article saying that water bottles had been found to have arsenic in them, and since Todd had possibly drank water at Knotts Berry Farm just before he got sick, it was possible that is where he got the arsenic. I never thought that she was guilty. Finally justice is served.

Alice McCaffrey   April 18th, 2008 11:15 am ET

So happy for her whole family.

Lisa Forte, MA   April 18th, 2008 11:20 am ET

JUSTICE FINALLY! Jamie, I hardly ever agree wth your take on many of the trials shown, but this one really bothered me, because she was convicted of what was considered “inproper grieving” not murder. Cynthia was drinking and acting-out, what any BA level psych major would recognize as coping mechanisms, not post-murder celebration. I am thrilled with the results of this case and I hope she gets a long and detailed public apology from the state, as well as, a chance to sue the state up and back again! Good Luck Cynthia!

Aneta Zdobylak   April 18th, 2008 11:21 am ET

Thank God she’s finally out of jail!!! I have seen way too many times people getting convicted just by being a victim of circumstance. What are these juries thinking? Makes me lose faith in the justice system just a little each time I see that. I’m convinced that there are a lot more people locked up that really shouldn’t be. At least she got justice, albeit two years too late, some peole neve do.

P.S. The lawyer that ‘fell on his sword’ should be commended for admitting that he screwed up and was wrong. That should get him more business, not less.

Lana Robinson   April 18th, 2008 11:26 am ET

I am ecstatic and relieved that cynthia somners was released, I only hope she is vindicated soon as well. I have carried her plight within me, I would be washing dishes and I would think of her and try to will her strenght to maintain her faith that she would be with her children one day. I never wavered that she was innocent and only negatively scrutinized because the prosecution could.
I am so happy she is finally free.
A truly thrilled friend in canada,
Lana Robinson

patty mitchell   April 18th, 2008 11:27 am ET

Thank Godness this injustice has come to hopefully the end. As a Physician Assistant in the ER, listening to the testimony of the defense arsenic expert and then the prosecution experts of how sick Todd would have been….it was always clear that no person who received that amount of arsenic to kill or even make gravely ill would be at Knotts Berry Farm the day of his death. As a medical professional, his degree of sickness….arsenic doesn’t say well I think I will accumulate in great amounts in this organ over another and it made no NO sense. I am so happy for Ms. Sommers. I always felt a great injurstice was done. And shame on them for not dropping her case all together.

Lisa T   April 18th, 2008 11:43 am ET

I think it is great that cynthia was released from prison. New evidence was found and deduduced that her husband did not die of arsenic poisening. She belongs with her children. This is an A plus for the justice system.

JR   April 18th, 2008 11:44 am ET

I had viewed the entire proceedings in this case and from the start there was absolutely nothing to tie any arsenic to Cindy in any way, shape or form. No purchases, no possession, no motive so NO WAY!!
I am very happy for her. It’s about time someone took a long, hard look at what transpired in this devastating result. Go girl!!!
JR British Columbia

washpublicdefender   April 18th, 2008 11:49 am ET

This is great news! If the prosecutors had ever bothered to consult an expert other than the one who did the testing on the liver samples, they would have known that something was wrong with the tests. The tests on his liver tissue did not match up with the tests on his urine and blood and that makes no sense. If they had done their due diligence, she never would have been tried and never would have been incarcerated for over two years. To claim now that “the system worked” is outrageous. The system works when prosecutors look at their case objectively instead of relying on forensic evidence that any other expert in the field could have told them was clearly flawed. These prosecutors failed, and the system failed. The fact that they eventually got it right doesn’t change the fact that it failed Cynthia Sommer.

Ernest & Mary Cluett   April 18th, 2008 4:13 pm ET

Since almost 90% of criminal trials end up with guilty verdicts, I find it shameful for the Sommers prosecutor
to wiggle, stating that, “it’s the jury that determines guilt.”

Let’s tell the truth: it’s the prosecutor who in all cases pre-judges whether a suspect is innocent or guilty –
unless he or she concludes the suspect is guilty, there simply is no trial.

Cynthia Sommers should be a landmark for us all to wake up and re-establish the presumption of innocence.

De   April 18th, 2008 4:17 pm ET

From the beginning this was a terrible injustice. The lack of evidence, the mishandling of evidence, the lack of competent attorneys (on both sides), the lack of proper judicial oversight from the courtroom . . . and the list goes on. I have been haunted by this verdict. I thought she was convicted of ‘bad behavior’ after the death of her husband. To think her children lost their father and then lost their mother for 2+ years and that the DA’s office doesn’t find it necessary to ‘clear’ her name is immoral. So when the DA says ‘justice was done’ — I have to respectfully disagree. The system failed. And the DA owes Cynthia and her family more than “case dismissed”.

rebecca riser-henrichs   April 18th, 2008 4:26 pm ET

i have followed the story from the begining and can only say, it’s about time someone got it right! Congratulations Cynthia!

Charles Ryan   April 18th, 2008 4:42 pm ET

We watched the trial on TV and we never thought her to be guilty.
We are very happy to see her free.Good luck Cynthia.
From Nova Scotia,Canada

Cindy Mansu   April 18th, 2008 5:28 pm ET

PRAISE GOD THAT HE TOOK THIS CASE OVER, our justice system is crooked and flawd and no one will do anything to fix it. It was so obvious she was INNOCENT but they continued on making her the sacrificial lamb. I believe the prosecutors should spent 876 days behind bars for wrongfully prosecuting her

WELCOME HOME CYNTHIA

G. Beatty   April 18th, 2008 5:53 pm ET

I watched this trial on Court TV, and was shocked when Cynthia was convicted of murdering her husband. I never thought she was guilty. Best of luck Cyynthia…….enjoy the rest of your life with your children!

Robi Peters   April 18th, 2008 5:58 pm ET

As one of Cindy’s best friends who testified at the trial I would like to extend my Thanks and apperciation to all who have supported Cindy through out this whole ordeal. Those of us close to her never lost faith, but having support of so many who never even met her helped us carry on each and every day. I would also like to Thank every one who worked so hard the past two year at getting her free. We shall never forget Todd. My family will keep lighting a candle in his honor every Memerial day and Veteran’s day.

L. DeHerrera   April 18th, 2008 6:00 pm ET

congratulations to you cynthia on your release from prison. i have watched you case on what used to be court tv now its cnn/crime. I hope that everything works out well for you and your children from now on.

kelly mitchell   April 18th, 2008 6:36 pm ET

“Justice” is not done when the District Attorney fails to objectively evaluate all the evidence.

Not only do I feel bad for Ms. Sommers, but also the jurors who wrongly convicted her. Those jurors were not given the option if they wanted to sit on that jury. The District Attorney did not present them “all the evidence,” only that which supports a conviction.
As a result, the jurors made the wrong decision and have to live with that… Ms. Sommers is not the only innocent person who suffered, those jurors will forever suffer too. Everyone hates jury duty because it takes time out of their life, now they have to worry about being the next jury to convict an innocent person. Unfortunately at the cost of Ms. Sommers, her friends and family and these jurors I hope citizens demand true justice and critically analyze the evidence — not just take whatever the District Attorney says is the truth because of how someone “acts” and presume science is infallible. The word CONTAMINATION exists for a reason, because IT DOES HAPPEN…

Kat   April 18th, 2008 7:31 pm ET

This is another perfect example of over-eagr prosecutors who wanted a conviction. Sending tissue samples to a lab that had a conflict of interest and not an independent lab in the first place was a grievous mistake on the side of the prosecutors. I am glad that the judge saw fit to over-turn the verdict. Sadly, I do not think that cases like this will change our justice system to what it should be: fair, balanced, and blind.

D. Scurry   April 19th, 2008 7:29 pm ET

Wow! I’ve been looking for an update on this case, and this comes as such a happy surprise! I listened to the case on Sirius satelite-even scheduling my sales calls around it-and cried when the jury returned with a guilty verdict. This case touched me deeply. I found it appalling that the prosecution had absolutely no evidence to bring to the jury that linked her to arsenic or even marital struggles, simply planted judgmental seeds in the jury’s heads because she grieved “inappropriately”. That lawyer should be disbarred for her gross negligence in presenting the facts, as should the defense attorney who didn’t know how to do his job-defend an innocent woman from losing precious years of her children’s lives after losing their (step)dad. Inexcusable. I can only hope the military doesn’t give her the runaround and affords her the benefits she is entitled to as a military widow.

M.BB   April 20th, 2008 3:26 pm ET

Thank goddness this judge found the error and did the right thing. I watched this trail and not for one second did iI think she had killed Todd.Everybody greves in diffrent ways.If we judge if aperson is guilty or innaccent by the way we grieve only God knows who all would be sitting in jail,my guess all more people then ou. Good Luck to you your daughte Mrs. Sommers. Lets hope they will let you finnish your griveing in private.

Kathie   April 21st, 2008 6:53 am ET

It would be very interesting to talk to the jury to see how they
feel about this turn of events and to see exactly on what
evidence they convicted her. Was it the presence of arsenic
or was it her behaviour after her husband’s death.
It is a serious abuse of the justice system to sit in moral
judment of someone and convict them.

Jennifer   April 21st, 2008 9:22 am ET

I too am happy to see that Cynthia has been freed. The evidence that convicted her was not ever based on scientific fact, but rather her “conduct” after her husband’s death. We in society are too quick to judge and condemn based on our own prejudice and attitudes of self-righteous indignation. Everyone grieves in their own manner and who are we to decide what is appropriate.

I wonder how many others are setting in prison at this moment for crimes they did not commit. I suspect the number is much larger than we can ever imagine. Hopefully this case will be an inspiration to law makers and judges to rethink or consider the evidence that is allowed to be present against a person.

Again, so very happy for Cynthia and her family!

Chance   April 21st, 2008 1:41 pm ET

She must sue someone. Two years is a heck of a price to pay for a corrupt DA’s stupidity! Sue them!!! The ONLY way to make them pay for what they have done to you and your kids is to hit their pockets.

ginbin   April 21st, 2008 2:08 pm ET

This was the first trial I ever watched on the old Court TV (now IN Session) & was stunned at the prosecutions case, & such a lack of defense. I couldn’t believe the jury couldn’t see through it! I thought everyone would understand you can’t have arsenic in some parts of the body (in high levels, no less) & none in others. This is not normal in any manner, even after death. Especially after death.

Then all that crap about how she behaved. What did that have to do with the facts. There was the M-I-L from hell, if I ever met one!

Even when all the other shows, NBC-Dateline, CBS-48hrs, etc. did her story I couldn’t see how people couldn’t get it. How the prosecution weren’t back-tracking on their own, because it stunk to high heaven. But prosecutors, in the US, seem to want “fame & celebrity”, big time.

I hope Cynthia goes after them all big time for wrongful conviction & inadequete defense. Tell ‘em all to speak to a pathologist expert next time before they go to trial or read a medial text book.

jerry   April 22nd, 2008 1:22 am ET

This kind of abuse of the justice system will not stop until the prosecutors that push these cases are themselves subject to jail time for every misprosecution.

Arnold   April 25th, 2008 11:54 am ET

I’m tired of all of the comments made that are so happy for Cindy. What about Todd and what happened to him. She was the only one with him….if not arsenic then it was something else. If the military would have done a thorough investigation at the time of his death, I’m sure they would have found more evidence supporting the fact that she had something to do with his death. The computer files would have been critical but she destroyed the computer. She got away with it because the military didn’t do any investigation in a timely manner.

Jeffrey D. Bensley   April 26th, 2008 3:34 am ET

Long life Tip #1: Never marry a psychopath.

Pia   May 14th, 2008 8:12 pm ET

Arnold and Jeffery, you both really need to read up on the case…No Arsenic, No murder….

Jeffrey D. Bensley   October 22nd, 2008 1:03 pm ET

OK, now I’ve “read up” and you are purblind; this girl is a classic sociopath; purest evil; no conscience whatever. As such she will continue to spread chaos and misery to those stupid enough to have anything to do with her. You are one of her dupes. If you know this woman personally, you are in great danger.

Cindy Sommer   November 11th, 2008 12:00 pm ET

Thank you all for all of your support and thanks. Today is Veterans Day so I thought I’d make a post. i have been out of the loop for a little while trying to get my life back on track. I have 2 of my children and am still working on getting the other 2 back. I see them just about every weekend. How wonderful it is to be a parent again. As for Arnold and Jeffery… well I can honestly say that you have the same blinders on that San Diegos DA’s office has. Science doesnt lie. Todd had no Arsenic in his body and was not murdered! I know there are alot of people out in the world that believe the justice system doesnt get it wrong. Thats fine i just hope that you know that youre not immune to anything like this happening to you. You say im a psychopath. Do you know me? have you ever talked to me? do you know anyone i do? have you talked to them? Its easy to use that as an excuse to “validate” your point. however its vastly untrue. I pray that this is over soon. I am scheduled in court this week but have other obligations and its too costly to keep returning to court when my children need me here. I cant afford to take the time off of work. I will never give up my fight for the DA’s office to back down. Anyhow… Thank everyone again for all of thier support and well wishes to me and my family. It is greatly appreciated. Cindy

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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.

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