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Pretrial Motions Begin For Widow Accused Of Poisoning Marine
Sommer Charged With Murder, Special Circumstances

UPDATED: 9:05 am PST January 2, 2007

SAN DIEGO -- Pretrial motions will be heard Tuesday in the case of a woman accused of fatally poisoning her Marine husband, then using his life insurance proceeds to pay for wild parties and breast implants.

Cynthia Sommer, 33, is charged with murder and special circumstances of murder by poison and murder for financial gain in the death of 23-year-old Sgt. Todd Sommer on Feb. 18, 2002.

The defendant faces a maximum of life in prison without the possibility of parole if convicted since District Attorney Bonnie Dumanis decided not to seek the death penalty.

Experts testified at a preliminary hearing last July that arsenic levels found in the victim's liver tissue at the time of his death were more than 1,000 times the normal level.

Prosecutors theorize that the defendant used some of the money from her husband's insurance policy to have her breasts enhanced two months after he died.

Two days after her husband's death, Sommer told investigators from the Naval Criminal Investigative Service that he went to the doctor for stomach cramping on Feb. 8, 2002.

She said the victim believed some egg rolls he ate made him sick, NCIS Special Agent Rob Terwilliger testified, adding that the same day, the defendant had an initial consultation for her breast implants.

After her spouse's death, the defendant also made purchases on an erotic adult dating service Web site, the special agent testified.

But defense attorney Robert Udell said both the victim and the defendant posted photos on the site. Udell said his client loved being married to a Marine.

The victim knew about his wife's plans to get breast implants and was happy about it, Udell said.

Cynthia Sommer moved to Florida in 2002 with a new boyfriend, an ex-Marine, within weeks of the autopsy on her husband's body. She was extradited from West Palm Beach, Fla., to San Diego last March.

Udell said at least a dozen Marines will testify at trial that the defendant did not throw a lot of wild parties after her husband died and in fact was a grieving widow.

Jury selection is expected to begin sometime this week.

Ellie