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November 1, 2009

Trial attorney for Marine widow disbarred in Florida

Posted: 05:40 PM ET

WATERLOO, Iowa – The Florida attorney who defended Cynthia Sommer in 2007 against murder charges that she poisoned her Marine husband in San Diego was disbarred last Thursday by the Florida Supreme Court. His disbarment is unrelated to Sommer’s case.

Cynthia Sommer
Cynthia Sommer

Robert Udell, who is licensed in California as well, was initially hired by Sommer in Florida. She was arrested in November 2005 in Florida where she had moved with her four children after her husband’s death in 2002. Her January 2007 murder trial ended in a conviction of first-degree murder. She was facing life in prison without the possibility of parole. Sommer then hired a new attorney, Allen Bloom, to fight for her life.

The trial judge, Peter Deddah, ordered a hearing on Bloom’s motion for a new trial. In late 2007, Udell testified at that hearing and admitted that he erred at the trial by “opening the door” to Sommer’s conduct which the judge had previously ruled inadmissible. That conduct in the months after her husband’s death included spending a small portion of her husband’s life insurance money on breast implants, dating Marines on the base, and participating in a wet tee shirt contest in Mexico. Udell opened the door to the admission of that evidence when he elicited testimony from a friend of Sommer’s that she was a grieving widow and wasn’t receiving appropriate support from the Department of Navy.

Judge Deddah ordered a new trial on the grounds that Sommer received ineffective assistance of counsel by Udell. Months later and before a new trial was held, she was freed when the District Attorney tested additional tissues from her husband that were subsequently found to be arsenic-free. Those test results cast doubt on the source of the original laboratory findings of toxic levels of arsenic in other tissue samples. Sommer has always maintained her innocence.

Udell was disbarred from the practice of law in Florida for cases he handled in that state, not for his representation of Sommer. The allegations were that he improperly handled legal fees between 2004 and 2008. He reportedly voluntarily agreed to the disbarment without admitting any wrongdoing.

Beth Karas, In Session correspondent

Filed under: Trial Updates


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Kim Shaw   November 2nd, 2009 10:44 am ET

How do I join the conversation on facebook? This woman was not insane just disgusting. Too bad we can't do to her what she did to her kids.

Kim Shaw   November 2nd, 2009 10:50 am ET

I don't even know where to begin. I am very disturbed by this woman who did the planning and therefore is not insane just stupid.

Becky   November 2nd, 2009 12:50 pm ET

Our system is filled with such errors hopefully some day we can fix this and innocent people will not spend time behind bars for crimes they didn't commit. it is very sad i can't imagine spending time behind bars for something I really didn't do. Time is something you never get back and believe me I don't think i am sorry from anyone that had anything to do with locking up an innocent and taking that time & freedom away from them is enough.

CallinBS   November 2nd, 2009 5:12 pm ET

K.S. What articals are you reading? she was freed due to scientfic evidence that she didn't commit a crime!!! Her actions did not convey anything but a lack of good judgment. You moral police should take a chill pill and grow up! Life isn't black and white, your farie tale ideas are not only backward but dangerous. Brings the "Inquisition" to mind.

Megan C   November 2nd, 2009 5:34 pm ET

I just don't buy that this woman is insane. I think she's trying to dodge the bullet being the prison sentence to obtain a lesser penalty because she did not kill herself as first planned. Also, by Kehoe stating, "What I did was unforgivable..." just goes to show that her actions were fit for the mind of a true criminal–NOT a legally insane person.

Joe F   November 2nd, 2009 10:37 pm ET

What woman is Kim refering to?

Emily   November 3rd, 2009 11:02 am ET

I am trying to join the converstaion on FB also and can't find it!!! This whole case, Michelle Kehoe, has me dumbfounded and sick to my stomache. The thought of her taking the stand is completely out of this world.

I would really like to find the conversation on Facebook if anyone could let me know. Thanks

sally   November 3rd, 2009 12:24 pm ET

did midhelle kehoe's husband know of her long standing history of mental illnesss and if so, doe that make him culpable in this horrific incident? He would have intimate knowledge that his wife could be dangerous and therefor could harm the children.

Lita   November 3rd, 2009 2:49 pm ET

I lve in Iowa. She had planned this months ahead of time. She deserves the same treatment she gave to her boys. Most important is what her son that lived is going to have to live with. Can you imagine living with the fact your mom tried to kill you and you tried to save your brother and couldn't. Imagine sitting in that van all night bleeding in fear!

Cathy Kraemer   November 3rd, 2009 2:57 pm ET

I love your show. I also am on a antidepressant, so I can understand to some extent how she feels. But I would like someone explain to me . Why is it that when a mother claims she wants to kill herself. She rarely suceeds. But when it comes to killing her children she accomplishes her mission. Hopefully someone has an ansere for me.

trentonDOT2ya   November 3rd, 2009 3:20 pm ET

I think she should get off on the insanity plea BUT she should NEVER be allowed back into society

AND we need to "Stop Child Abductions and Missing Women" Join in;

Jason   November 3rd, 2009 3:37 pm ET

Anyone who beleive's this women is in any way insane, they are perhaps insane themselves. This women planned every detail out, purchased weapon and materials months in advance and then lied to cover it up. She may be insane in the aspect of trying to get away with her crimes. As for her possiably being insane cause she took her children to a remote area and also covered there mouths and eyes with tape Doesn't make her insane, She took them to a remote area so no one could witness her acts, She covered them with tape, so she herself didn't have to hear there dieing breaths and covered their eyes so she didn't have to see the fear in their faces. If this women is insane by any means then every criminal out there is by some means insane so lets do away with prisons and just put these people in hospitals for a few years and let them back out cause they maybe feeling better today and not insane.

judy newsom   November 3rd, 2009 6:42 pm ET

What on earth was her husband thinking,when he impregnated this woman twice between the two boys when she had been having all these mental problems. Two miscarriages and a new baby in in a couple years time is very hard on a mentally healthy women. He was 18 years her senior and should have taken some responsibilty for his wifes health.

Joe F   November 3rd, 2009 10:49 pm ET

Callin..I think they are talking about another woman/case....seems that another case got confused here with Cynthia Sommers case. And as you pointed out, she was freed because there was no poison, and thus no murder. BTW Callin..are you familiar with thedetails of her (Cindy) case? What are your thoughts on how those samples got so contaminated? I think it was deliberate to frame her..perhaps by a jilted military guy who she wouldn't go with. Your thoughts?

firfightr   November 4th, 2009 10:40 am ET

I'm sorry but!! I know because of what I do for a living, people who want to kill themselves DO! INSANE?? nah

gumshoe1961   November 4th, 2009 2:25 pm ET

The trail discussion of Keogh (the insanity case) is on FB/TVAshleigh (Ashleigh Banfields page). This is for Cynthia Sommers. FYI because you asked.

Susan, VA   November 4th, 2009 5:01 pm ET

It is indeed frightening when any innocent person is convicted of a crime he/she never committed. In Cynthia Sommer's case, her husband wasn't poisoned to begin with, as some later lab samples proved. And if Mr. Bloom hadn't been hired, those samples might never have come to light. That's even scarier.

As to Mr. Udell, he seemed like a very nice man who made some serious mistakes in defending Ms. Sommer. I was glad to see he admitted to making those mistakes, it was a sign that this attorney did take responsibility instead of dodging it. For that, I give him a lot of credit. Not too many attorneys are willing to admit when they have made serious errors.

Daniel   November 4th, 2009 7:01 pm ET

It would appear the comments for the post about Kehoe and her trial for murdering her two children, and the comments about Cynthia Sommer's atty are being mixed up somehow.

Cynthia Sommer may have shown poor judgement, but we all deal with death differently – maybe she wasnt happy in her marriage, who knows?

The fact of the matter is, she was cleared of any wrongdoing. Very, very sad that she had to spend any time behind bars.

Karen N   November 5th, 2009 10:21 am ET

Ashleigh,
How many millions of people grow up with bad childhoods..are depressed and on all those meds we saw that Kehoe was on....Im appalled that they are trying the INSANITY PLEA. She seemed sneaky and coniving ...i really believe she new FULL WELL what she was planning to do to those beautiful children. If she was soo unhappy why take her kids with her..i just dont understand that..slash your own throat Kehoe not those 2 beautiful little boys. She belongs in jail until she dies.

Laura   November 5th, 2009 10:54 am ET

I feel so bad for Attorney Udell. I have never seen a man look so broken on the stand, as when he was called as a witness for the Defense for ineffective counsel. I thought and still do think he is brilliant. I hope he continues on in the legal field somewhere, maybe helping people already in jail prove they are innocent.

Susan, VA   November 5th, 2009 5:32 pm ET

I felt very badly for Mr. Udell too, and although he was disbarred from PRACTICING law, I don't think that locks him out of the legal community in a different type of job.

Cindy Copeland   November 6th, 2009 11:33 pm ET

Notice that FLORIDA LAWYER gets punished for stealing money, but not for STEALING A LIFE!!!!!

What goes around comes around. You just got to have faith!

ssgt bourland   November 7th, 2009 7:21 am ET

I am glad she was proven inoccent,
besides i think she is cute LOL

Donna   November 13th, 2009 10:58 am ET

Don't feel sorry for Mr. Udell. You have to do some pretty serious stuff to get disbarred.

Jennifer Beck   November 16th, 2009 11:30 am ET

Sommers is/was a gold-digger!!! she'll meet her match 1 day..

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