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July 22, 2008

No decision on murder charge for San Diego woman

Posted: 12:33 PM ET

NEW YORK–There is no decision, yet, on whether a murder charge can be refiled against Cindy Sommer. The case against Sommer was dismissed last April, on the District Attorney’s motion, after new evidence raised doubt that Sommer was responsible for the arsenic poisoning death of her husband in 2002. In fact, the new evidence raised doubt that Todd Sommer was poisoned at all.

Earlier this year (and more than a year after Sommer was convicted of murder), the District Attorney discovered additional tissues of the victim which had never been tested for arsenic. The tissues, preserved in paraffin, were sent to a private lab in Quebec, Canada. Surprising to many, though perhaps not to Sommer and her defense team, the results showed no arsenic present in any of the tissues. Sommer was promptly released from custody. She had been locked up since November 2005 and faced a new trial in May. The defense maintains that this new evidence proves Todd Sommer’s death was not even a homicide.

Attorneys and Sommer were back in court last Friday as the defense seeks to have the case dismissed forever. The District Attorney wants the option to charge her again at some future date. Judge John Einhorn wants Sommer and her attorney, Allen Bloom, to decide how they want to proceed on their motion to dismiss with prejudice. If granted, Sommer would never face a murder charge again for the death of her husband.

The defense wants the matter to go before the trial judge, Peter Deddeh, currently assigned to another courthouse. Judge Einhorn says he’ll send it to Judge Deddeh if the defense challenge only deals with the trial evidence. Judge Einhorn will keep the case if the defense challenge includes not just evidence at the 2007 trial, but also allegations of government misconduct during and after it; in particular, in retaining the victim’s tissues but not testing them until earlier this year.

Bloom has indicated that his challenge will be limited to the evidence, in which case the matter will likely be sent to Judge Deddeh who, arguably, knows the case best.

The next court date is September 26, 2008.

–Beth Karas, In Session correspondent

Filed under: Trials


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madalina stoian   July 22nd, 2008 1:12 pm ET

"The man is born from womean but not made for her!" my grandmother said this. Men try to dominate women, use them and abuse them and when they can not do this want to kill them.
Signor Obama have right there is nothing that a man can do that a woman can not do it..but some men just can not accept that women are human beeing and not sex slavers or machine for making children...and a president of a country got to promote love and union between a man&woman and be pro-familly,pro trinidad and not against abortion because a woman have her human rights and got to be loved,respected and make children from love.

suzan   July 22nd, 2008 1:28 pm ET

aloha- to me i have beeinf watching trutv for this long. and i saw the case california vs cindy sommers. and what the police and the districat attorney and all of the witnesses in this case on the districat attorney side did was stupid and dumb from the very begging. 2-cindy sommer and her kids and her family is the one that have to suffer for this long due to the bad dna mistake that the districat attorney and the police did when the police did nick and pick sommer.3-cindy did not killed her husband at all. somene did gave cindy husband something that he got when he was in oveverseas or was coming home from overseas.4- this case should had not beeing gone to court at all in the first place. and if i was the districat attorney i would shut this case for good and for ever. 5- as for the jury that did found cindy gility all 12 of those juries did not listen and look at the evadance right at all when this jury went into the jury room. this jury is scum from the very begging when they was pick for this trial.

M J Elkins   July 22nd, 2008 1:43 pm ET

Reguarding the Firefighter trial....I think that because a firefighter comitted these 3 murders makes this an even more horrific act!

dan deering   July 22nd, 2008 9:24 pm ET

what is the da's problem they afard of a lawsuit which i feel is richely deseved she was convicted on abouslety no evidence behavior in griving is not evidence and we all do it our own way typical of allda's they just hate to admitt they are wrong no wonder our justice system is such a joke and the laughing stock of the world

Lee Fairfax   July 25th, 2008 2:17 pm ET

Re :hough the firefighter who slaughtered his neighbors. Really bad. How awful to do this to them and to his family...But I pity the poor man with neighbors that drove him to the wall like this. Can you imagine how crazy lack of sleep can make you? I have known what it is like to live next to people like that...dogs, stench, junk cars, rats, trucks with jake-brakes, spot lights, tresspass, noise and crazyness all day and night. That can drive you to madness. Only the thought of what would happen to my family if I snapped, kept me sane and non agressive. I Hough, on the stand, to ice the cake, that prosecuter is bellowing at, charging and looming over the poor wife who is only a victim herself. That alone and I'd go for temp insanity or even manslaughter. I don't think Hough would ever do this again...Maybe 10 to 15 years to serve would do it for me. (and I am usually 'a hang 'em long and high, pro prosecution person.)

Terrie J. Knight   July 28th, 2008 2:27 pm ET

I believe in the death penalty and "an eye-for-an-eye"; however, I also feel that Mr. Hough is not your typical killer (inwardly). The deaths of those three young people and the attempted murder of the other two were appalling, unforgivable crimes! There was no reason, just as there is never a "reasonable purpose" in taking another's life. The victims' families will never see their loved ones again and will forever be changed by this act. Mr. Hough has children who will also suffer. Life in prison – definitely yes!! Let him spend the rest of his years thinking about how his spur-of-the-moment act changed the lives of so many others. Just as the victims' families will not experience what their sons and daughters could have accomplished in the future, Hough will never experience any of the same with his children. But because of the children, don't let them live the rest of their lives knowing that their father was executed.

Terrie; VA

Michele Saint Amour   July 30th, 2008 9:55 am ET

Re: 12 year old girl dies on SeaDoo; Negligent mother grubs for $48 mil

Hi Lisa Bloom!
I'm sorry for the Hernandez family, especially the little girl, YET rather than suing, they should be thanking their lucky stars THEY aren't prosecuted for child endangerment. What is this "midget" babble? Mrs. Hernandez is clearly a mental midget for not controlling her CHILD and letting this tragedy go down. Does she have an "Operator's Sticker" on her CAR? EVERYBODY knows a 12 year old cannot operate a Sea Doo. She's money grubbing. Tragic? Yes. Fault of manufacturer? No. I hope the jury is logical and rational.
Michele SaintAmour

Michele Saint Amour   July 30th, 2008 10:02 am ET

Re: Cindy Sommers sees if she can be prosecuted AGAIN

That was the most surreal trial I've ever seen. If that WHACK JOB of a prosecuter goes after Sommers again, it will only be a preemptive strike to stop Sommers from suing for malicious prosecution. It was beyond malicious. Laura Gunn, we're sorry that boob jobs enrage you; and some women suffer from post partem depression and do crazy things under stress. Leave Sommers alone, get a make over and touch up your ROOTS. That whole court room needed make overs. If Laura Gunn could get laid it would have never gone down.

Michele SaintAmour

liza mcgraeme   July 30th, 2008 5:29 pm ET

Tragically, our 3 year old neighbor boy fell off a skateboard, cracked his skull & subsequently died. His parents would not have EVER considered suing the mfg of the skateboard. The SeeDoo incident is not much different. That mom's looking for deep pockets & lots of green!

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