thedrifter
01-26-08, 07:38 AM
Woman wants to exclude arsenic, lifestyle evidence at murder retrial
By: North County Times wire services -
SAN DIEGO ---- A woman convicted of fatally poisoning her Marine husband but granted a retrial will ask that all evidence relating to arsenic and her sexual behavior following his death be excluded, her attorney said in a San Diego courtroom on Friday.
Cynthia Sommer, 34, was convicted a year ago of first-degree murder for the Feb. 18, 2002, death of Sgt. Todd Sommer, 23, at Miramar.
Sommer's new attorney, Allen Bloom, told Judge John Einhorn that he planned to file motions to exclude evidence that in 2003, a military laboratory found high levels of arsenic in the victim's liver and kidneys.
Todd Sommer's death was originally found to be from natural causes and a possible fluttering heart.
Bloom said the victim's tissue samples were lost 16 times during the testing process.
Prosecutors believe Sommer used something like ant stakes to kill her husband so she could collect his $250,000 military life insurance payout, but during the first trial no evidence was presented that she ever bought arsenic.
Deputy District Attorney Laura Gunn said there was nothing wrong with the methodology for the arsenic findings.
Bloom said he would also move to exclude all evidence concerning his client's behavior after her husband's death.
Superior Court Judge Peter Deddeh originally excluded evidence that, following her husband's death, she had sex with numerous Marines and participated in a wet T-shirt and thong contest in Tijuana, but allowed it after her mother testified that her daughter behaved like a grieving widow.
Sommer's retrial is scheduled to begin May 14.
Ellie
By: North County Times wire services -
SAN DIEGO ---- A woman convicted of fatally poisoning her Marine husband but granted a retrial will ask that all evidence relating to arsenic and her sexual behavior following his death be excluded, her attorney said in a San Diego courtroom on Friday.
Cynthia Sommer, 34, was convicted a year ago of first-degree murder for the Feb. 18, 2002, death of Sgt. Todd Sommer, 23, at Miramar.
Sommer's new attorney, Allen Bloom, told Judge John Einhorn that he planned to file motions to exclude evidence that in 2003, a military laboratory found high levels of arsenic in the victim's liver and kidneys.
Todd Sommer's death was originally found to be from natural causes and a possible fluttering heart.
Bloom said the victim's tissue samples were lost 16 times during the testing process.
Prosecutors believe Sommer used something like ant stakes to kill her husband so she could collect his $250,000 military life insurance payout, but during the first trial no evidence was presented that she ever bought arsenic.
Deputy District Attorney Laura Gunn said there was nothing wrong with the methodology for the arsenic findings.
Bloom said he would also move to exclude all evidence concerning his client's behavior after her husband's death.
Superior Court Judge Peter Deddeh originally excluded evidence that, following her husband's death, she had sex with numerous Marines and participated in a wet T-shirt and thong contest in Tijuana, but allowed it after her mother testified that her daughter behaved like a grieving widow.
Sommer's retrial is scheduled to begin May 14.
Ellie