New Trial Granted [Archive] - Help Find The Missing

Pauli

11-30-2007, 09:26 PM

http://www.courttv.com/graphics2/photos/trials/sommer/full-coverage/lede/sommer-lede-010507.jpg (http://www.courttv.com/trials/sommer/111907_ctv.html)
Sommer granted new trial (http://www.courttv.com/trials/sommer/111907_ctv.html)
Cynthia Sommer, a woman convicted of poisoning her Marine husband with arsenic, will get a second chance to defend herself after a judge ruled that mistakes made by her lawyer warrant a new trial. Update soon.

•Judge considering new trial (http://www.courttv.com/trials/sommer/111907_ctv.html)
•Allegations of juror misconduct (http://www.courttv.com/trials/sommer/111407_sentencing_ctv.html)
http://www.courttv.com/trials/sommer/

Pauli

11-30-2007, 09:33 PM

Widow Accused Of Killing Marine Gets New Trial

POSTED: 4:26 pm PST November 30, 2007
UPDATED: 5:14 pm PST November 30, 2007

SAN DIEGO -- A woman found guilty of poisoning her Marine husband has been granted a new trial, NBC 7/39 reported.

The decision came after Cynthia Sommer's former defense attorney, Robert Udell, spent Friday testifying about errors he said he made during the first tria

The prosecution argued that Udell was an experienced criminal defense attorney in Florida, having handled over 100 homicide cases, some of them very high profile. But Sommer's new defense attorney said Udell failed to challenge evidence that the defendant's husband was poisoned and failed to include data from scientists that could have been crucial to the defense.

http://www.nbcsandiego.com/news/14741898/detail.html (http://www.nbcsandiego.com/news/14741898/detail.html)

PatC

12-01-2007, 08:25 PM

This is good news indeed! I can't say I was convinced at the first trial that she was innocent, but I sure as heck was UNconvinced that the prosecution had proven their case beyond a reasonable doubt!

Pauli

12-01-2007, 08:29 PM

I agree Pat and everyone deserves a fair trial.. hopefully it will be better this time around.

MadamForeman

12-02-2007, 06:40 AM

Hi Pat! Hi Harlett!

I have been busy since the announcement of the ruling granting the new trial. I have been chatting with other supporters online and posting on the CTV boards since most of the posters are still over there! Anyway, I am thrilled about this, needless to say, huh? I just has a strong feeling that Judge Deddeh would rule in favor of the new trial. Cindy is FACTUALLY innocent, and I feel very strongly that will be proven, and the states arguments concerning the "fuzzy" science will be debunked. Judge Deddeh said when ruling, that decisions made by Mr Udell "undermined his confidence in the verdict." Dec. 12 is the next court date, and more information will be revealed on that date.

Glad you are here, Pat!

packy

12-02-2007, 10:41 AM

Wow, this is good news for sure. I didn't follow it all but felt that they didn't prove her case. Wow again!

PatC

12-02-2007, 01:53 PM

ScottyDo

12-02-2007, 02:19 PM

I am so happy for Cindy.

MadamForeman

12-02-2007, 07:42 PM

Hi ScottyDo! I see you have come on over, I am thinking the others will be making their way over soon! I think this board will be a nice "new home: for us, since the CTV boards are going to close for sure, I understand.

IT is just sooo wonderful about Cindy, isn't it? I am still pinching myself!

PatC: No. I am MadamForeman on the Courttv board and I am a member of Cindy's official support network, but that is on another forum. I have posted quite a lot on the Cindy board at Courttv in the last 6 weeks. Prior to that, i was a supporter of Cindy's, but didn't post too much publicly. But I have been quite invested in Cindy since the trial, I was shellshocked by that verdict! It was outrageous! Now it is out....period! Thank God!

Katt

12-03-2007, 04:31 PM

Tracian

12-03-2007, 04:58 PM

I didn't follow this case very close, but I too, am pleased she was granted a new trial. I have to hand it to her lawyer, for putting himself out there to ensure justice is done.

Topaz

12-05-2007, 06:47 PM

DIBBS

12-10-2007, 02:19 PM

Nice to see a Cynthia Sommer thread.

I found this trial very disturbing. I've been watching CTV for about 2 yrs now and this one really bothers me.

The evidence is so not there for it. And to get a conviction based on nothing, is truly frightening to me. Certainly the trial was provoking emotionally, but after all
it is NOT a TV show--it is a person's life at stake!:confused:

So I have been watching it all carefully. And really appreciate all the posts you made on the other forum. I totally agree with you... it is a very serious issue!

I would be rather astonished:howdy: if a new trial takes place since there is no REAL evdience that Tood Sommer was poisoned and none tracing CS to arsenic of any sort. Hopefully this case will be thrown out as it should have been initially !

LiveLaughLuv

12-10-2007, 03:14 PM

It was sad to see this woman being convicted due to her personal life, character assassination is where that guilty verdict came from. What she did had nothing to do with Todd being poisoned. I can't recall now if the autopsy showed arsenic poisoning.

If this is the case, and Todd was poisoned, maybe the military needed to turn this around, this way they wouldn't have been held responsible. I still smell a skunk somewhere, only I don't think the smell is coming from Cindy. I think others are throwing in this red herring, because someone has to be held responsible, someone has to pay. :girl_sad:

I don't understand how people sleep at night knowing they are sending an innocent person to prison for the rest of their lives.

This is good news and I do hope for a better outcome!

DIBBS

12-10-2007, 10:16 PM

DIBBS

12-12-2007, 05:56 PM

Hopefully the new trial will begin in May. There will be a new judge. I'm still surprized they think they have enough evidence of ANY sort for another trial

http://www.signonsandiego.com/news/metro/20071212-1229-bn12sommer.html

I have copied this article to the Links thread because SignOnSanDiego articles are short lived.

hankfromthebank

12-22-2007, 12:14 PM

I was surprised that she was granted a new trial and I think most of the anchors were as well. I give a lot of credit to Udell for enabling this. He must have really been convinced of her innocence to take the blame.
I am not convinced that she killed Todd either.

The precedent of a defense attorney taking the blame and causing a new trial is very dangerous. I was hoping this ruling for a new trial would be appealed. One thing for sure..Geragos would not fall on his sword and do for Scott what Udell did for Cindy. :D

CatToy

12-22-2007, 03:59 PM

:nonono:Tis the american way. We all deserve to have proper reprensentation. Clearly this defendant, didnt. Sorry to see you feel that way Hankfromthebank and hiyas btw.

LiveLaughLuv

12-23-2007, 10:11 AM

I was surprised that she was granted a new trial and I think most of the anchors were as well. I give a lot of credit to Udell for enabling this. He must have really been convinced of her innocence to take the blame.
I am not convinced that she killed Todd either.

Neither was I Katt.

I can't believe the rash of people who have been convicted only due to circumstantial evidence. I think someone needs to look at our law and how it gets applied.

ScottyDo

12-23-2007, 04:54 PM

DIBBS

12-26-2007, 05:52 PM

i don't know about anyone else, but i am happy there will be a new judge.

Oh definitely. He seemed very partial to Gunn.

imo:71526:

DIBBS

12-26-2007, 05:54 PM

The precedent of a defense attorney taking the blame and causing a new trial is very dangerous. I was hoping this ruling for a new trial would be appealed. One thing for sure..Geragos would not fall on his sword and do for Scott what Udell did for Cindy. :D

Geragos was a Califonia lawyer whilst Udell was not. Udell didn't represent CS very well at all whilst Geragos pulled out all the stops fro SLP.

Huge difference.

DIBBS

01-01-2008, 03:03 PM

http://www.courttv.com/graphics2/photos/trials/sommer/full-coverage/lede/sommer-lede-010507.jpg (http://www.courttv.com/trials/sommer/111907_ctv.html)
Sommer granted new trial (http://www.courttv.com/trials/sommer/111907_ctv.html)
Cynthia Sommer, a woman convicted of poisoning her Marine husband with arsenic, will get a second chance to defend herself after a judge ruled that mistakes made by her lawyer warrant a new trial. Update soon.
•Judge considering new trial (http://www.courttv.com/trials/sommer/111907_ctv.html)
•Allegations of juror misconduct (http://www.courttv.com/trials/sommer/111407_sentencing_ctv.html)http://www.courttv.com/trials/sommer/

Might the Topic title reflect that the new trial has been granted?

JIC, thanks !!

Happy New Year

johnielee333

02-27-2008, 03:45 AM

cynthia is innocent IMO

hisgirl_2455

03-07-2008, 07:39 PM

Trial Set For Woman Accused of Poisoning Marine Husband to Get Payout

http://www.fox6.com/news/local/story.aspx?content_id=fe0b319a-7545-438f-a06b-deb2e47ec10b&rss=tick

Wonnie

03-08-2008, 08:43 AM

Trial Set For Woman Accused of Poisoning Marine Husband to Get Payout

http://www.fox6.com/news/local/story.aspx?content_id=fe0b319a-7545-438f-a06b-deb2e47ec10b&rss=tick

Many thanks for the link. I never thought they really had a convincing case against her. In fact was very surprised at the verdict. Followed this trial closely and was appalled the jury found enough evidence to convict. I'm glad she got a new trial and Udell really did throw himself to the wolves to get her one too. Ya gotta love that man. :)
Hope this trial stays on schedule, if so it will probably be a first.

Oh, hope you don't mind me joining in over here. I hate being "new". :71526:

hisgirl_2455

03-08-2008, 11:46 AM

We are glad to have you, can't wait to post with you during the trial.

Pia

04-15-2008, 12:10 PM

A friend just found and sent me the link to this site. I wanted to comment on kellabeck’s proof of guilt..
Once again, to refute what you say is evidence…
“Todd a healthy young man became violently ill, syptomatic of arsenic poisoning, just days after his trust fund ran out. Cyndy oddly phoned Todd's mother to tell her about his illness, imo, to set up his death, something only she knew was coming.”

Many people call for advice to their mothers and mother-in-laws. For crying out loud, he was sick, she was asking advice on what his mother knew of him and what she would have done when he was sick. We also do not know if that is the reason for the phone call…it could have been for any reason and Todd’s illness came up.

“And that day despite their financial picture, Cynthia went to see a cosmetic surgeon about unneccessary cosmetic surgery that they could not afford. And later lied to LE about it.”

First, she had been to the doctors for several consultations and there is no proof that she lied about any of it. She was asked 3+ years later about a doctor’s appointment. She did not know why they were asking and because the investigators cannot even agree with what they asked her, I take her word over theirs. She said she told them Todd had gone with her but Dr. Miller’s name never came up. Lie or mistake? Who knows but there is no proof that it was a lie.

“The early morning that Todd died, Cynthia pretended to do CPR on him. That's what the tape of her sounded like to me and is corroborated by the position of his body when EMTs arrived and the testimony that she was not giving CPR when they entered the room. In addition, she told the 911 operator that she knew how to do CPR and yet on the stand she said she didn't really. So why tell the operator she could? The operator could have instructed her. The tape of her phony CPR is the single most damning piece of evidence to me. And for which there is no innocent explanation.”

More people than not, do not think she was “pretending” anything. As many people told you before, they have tried CPR while on the phone and although it was difficult, it was not impossible. Take that and the positioning maybe she thought she knew at the time but obviously did not know how to do it. We know for a fact that she was on the phone with 911 attempting CPR because we have the call and the timeline. So what if she was standing…we also heard her say something like “Up here”…That is probably when she stood to get out of the way. And WHY DIDN’T the operator instruct her? She asked him if she could do it and he didn’t answer. So she went ahead and tried. He didn’t ask one question other than “Do you know how”…Where was the guidance that he could have been giving her when it was obvious that it wasn’t working? He could have asked, “Did you position his head”, “Did you do this”….yada yada…

“In addition the ER doctor said Todd's body was cool and his skin was mottled and she believed he had been dead longer than he was claimed to be by Cyndy. I believe she waited till he was good and dead before calling for help.”

Yes, and the first responders said that he was warm to the touch, had a slight pulse and agonal breathing. Furthermore, why did it take so long for this to come out? If she thought Todd had been dead for hours, why wasn’t that brought up in the beginning?

“Her demeanor:
all about the money--comment about $ to the EMTs, her concern with money while still in the hospital, her questions about $ to his family within hours of his death
stopping for cigarettes on the way to hospital
telling Susan Beach that morning she was over it already
celebratory partying
telling her MIL to "MYOB!"
Her reading on the stand Todd's valentine, his last to her, within days of his death and she read it like it was a grocery list.”
“the tattoo --- in which "Semper Fi" was the dominant motif and two other guys got equal billing with Todd showed how meaningless he was to her”
That right there is evidence that you do base your opinion on her behavior.
“Her emails to Ross, which she tried to deny on the stand, in which she tells him she couldn't see herself 5 years with Todd belies her bogus defense.”

You do not know the full context of any of that email. I do, and when it comes out, you will completely understand it. That is if you try. BTW, exactly what did she try to deny about that email? Nothing I heard.

“Her LIE on the stand about Todd's cell phone. She gave it to her daughter and they were phoning each other. Cyndy was NOT calling to listen to T's voice.”

Again, no proof that this was a lie. She never denied giving that cell phone to her daughter. I’m sure it was on a plan connected to her own. If you were to look at those phone records, you will see that in the beginning, all of those calls were one minute. Looks like she was listening to the voice message to me.

“Her computer when she was arrested she claimed was the one she had when Todd was alive. Only it was manufactured after he died. So she LIED about that computer, a computer that hadn't been paid for yet. Why lie? Why trash a computer unless the hard drive is full of incriminating searches. Where's the computer, Cyndy? Why did you lie about it?”

One of my favorites…First we have NCIS investigators that do not have any recording of this conversation and then they testify to two different questions asked about this computer. One said they asked if it was the one she had in California, the other asked if it was the one she had when Todd died. She did have it in California. How come if they are so sure she lied, they didn’t confront her with that info and ASK her what she did with the old one and when she did it? Why didn’t Laura Gunn ask her those same questions on the stand? No one asked her what she did with it so there is no proof that she lied about it. Five years later, I’m sure she would have gotten rid of the old one. We know for a fact that it was still in the house more than two months later when Brent Appleby disconnected it and set up the new one. With all of this damaging information on it, why would she keep it from February to May? As far as trashing it, how do we know that she did? No one ever asked where it was. For all we know it could have went to Michigan with her sons. Heck, it could be at Ross’ daddy’s house for all we know. Brent Appleby could also have it. I could have it…

“Todd's liver and kidney had levels of arsenic consistent with poisoning. Only one person had the motive and opportunity and arsenic is common enough to acquire so the means were available.”

Tests came back that showed that but they also showed a scientific anomaly because when the others organs should have also shown levels other than normal, they did not. This case should be in the Guinness Book of World Records.

“So in my opinion she is guilty and I hope a second jury will agree with me as the first one did.

She had her opportunity to tell her story on the stand. I did not find her in the least credible. She's a narcissistic, sociopathic cold blooded killer in my opinion.

Had Todd's death been regarded as suspicious from the start as it should have been and investigated, there would have been even more evidence.”

According to Ridley, he was suspicious at the beginning. Why did it take him over a year to send those tissues for heavy metals testing?

Concerning your post about the vacuum cleaner pamphlet. The amount of arsenic found there is normal. Especially for a home with smokers.
Dr. Poklis was not the only one who testified to how small amount that it was.
And Deejay, we all DO have arsenic in our bodies. Look it up. I didn’t know it either until this trial and you bet I looked it up. And yes, healthy young men just like Todd do die. More than we can imagine. Yes, I do agree with what you say about Cindy telling Mrs. Sommer to mind her own business however, we don’t know the context that conversation happened. And also, they were not staying in a hotel. They stayed there at the house with Cindy and the kids. Mrs. Sommer said that she thought it was too late for Cindy to be out and that is why she called her to come home. Should she have already been home, sure she should have imo, but she didn’t think so, so she told Mrs. Sommer what she did.

Thank God that most jurors do take their job seriously. It is funny that at least two of the alternate jurors in this case, thought that she should have been found NOT GUILTY and were very surprised at and questioned the verdict. Maybe because they were not in the deliberating room with the cop while he did whatever it was he did that made him “so proud of the others”… Maybe that is because the cop did have his mind made up as was testified to…and I’ll tell you something, I’d bet money that if Robert Udell had refused to testify in the hearings that Judge Deddeh would have granted a new trial based on the alternate juror’s and the other witnesses, on juror misconduct…I’d also wager that if you could have heard all of the testimony from those people, you would have rethought your opinion.

Some people like to go on and on about Cindy’s “lies” but not one single thing she said was ever proven to be a lie. Laura Gunn implied a lot of things and that if they were lies, she could have proven if she wanted to. She didn’t follow through because she was afraid that her implications would prove to be false. She didn’t have a case to begin with so anything that would prove it wrong, she certainly wasn’t going to bring it up. Just like those phone records that she did in fact lie about herself. She said she wasn’t able to get them. We all know now that that was not true because Susan Beach asked her several times about getting them and told her how the phone company had told them they could get them. After learning several of the things I have learned about this “investigation” er witch hunt…I would not doubt one bit that she did get those phone records. I sure pity her if/when it is proven that she did.

Pia

04-15-2008, 12:19 PM

Kellabeck,
I have also heard Kristin Rossum’s case and I don’t see any similarities at all in it and Cindy’s. There was so much evidence against her (KR) it is sickening.
Why do you keep bringing up all of these other cases anyway? None have anything to do with the other.
You keep bringing up that trust fund of Ross. If it was such a big deal, why was he living off Cindy and the children’s money for five years?
Y’all make it sound like all Cindy did was party and screw around…we don’t know everything that she did with or without those kids.
We know what Laura Gunn and NCIS thought would convict her.

DeeJay,
“But that wasn't your mother's lifestyle prior to the death
of your sister. Your mother got whatever it was out of her system and went back to church.

CS went on with her regular lifestyle. Bars, stripping, men.
She'd been living like that all during the marriage with Todd.
He stayed home and babysat the kids,
CS went out to the bars. Todd wanted to be a homebody, CS did not.

CS never got it out of her system, she continued for a year and a half until she was arrested and put in the slammer.

eta....CS went on with business as usual.”

Where do you get that Todd stayed home and watched the kids while Cindy went out partying? Where do you get any of that?
Cindy was not doing any of those things while Todd was alive and they were married. There no evidence that she ever acted that way until after he died. Mrs. Sommer herself said that Cindy wanted to go out with her girlfriends. Todd didn’t want to. Cindy wanted Todd to go out first then she would. He didn’t so she didn’t. I wouldn’t have wanted to stay home all the time either. In fact, I did go out with my girlfriends many times while my husband stayed home with the kids. And so do many, many others.

“It appears some folks have had a memory lapse in a few details. Or do they blow them off?

“Cindy’s excuse for the lifestyle she started living after (her husband) died was that he was very strict, he didn’t like for her to go out partying, staying out with friends,” said former Marine Brent Applebee, who told military investigators the widow showed him her still-taped up breasts.

“Todd also didn’t want her to get her breasts enlarged, so I think that she was living out the fantasy life she really wanted.”

Two weeks before her husband’s death, Cynthia Sommer paid $16.95 for an Internet dating service, authorities say.

During an 2001 investigation of child neglect-abuse, she allegedly told a North Carolina caseworker, “I have four kids. It isn’t like I could leave them and go anywhere. No one wants to baby-sit four kids.””
Obviously Todd did want her to have the breats because he was helping her save in the coin jar and told her in his Valentines card, “maybe next year”

And exactly what is wrong with what she said to the case worker?
The internet dating service…We do not know if she was the one who signed up for that or if it was Todd. Just because it was a credit card issued in her name means nothing. Again, another question that was never asked of her. Married people use each other’s credit cards all the time. I find it funny that everyone keeps bringing this up but they always fail to mention that it was a “couples site” that the account was made on and that pictures of Todd and Cindy together (nude) were posted there. They may have even been having sex. Todd did want a threesome with one of Cindy’s friends. They had a very healthy sex life so I could see either of them doing the internet thing.

Pia

04-15-2008, 12:21 PM

During the first trial I was in touch with Mrs. Beach who testified for the Prosecution.

She felt that Laura Gunn misrepresented what she had said in her statement and
I was able to put Mrs. Beach in contact with Beth Karras who was going to be a mediator of sorts between Mrs. Beach and Judge Deddeh.

:yes2:

Dibbs, I too have been corresponding with some of the witnesses from the trial. I promise y’all one thing, when this is all over, there are going to be many heads shaking in disbelief about the things that these investigators did on their witch hunt. In defense of Laura Gunn (not that I would ever want to defend her), I don’t think she knows half of the sleaze tactics that NCIS pulled during this mess. Many people including Mr. & Mrs. Sommer will be appalled at some of the things they did. One in particular should lose his job for things he did.

Pia

04-15-2008, 12:51 PM

Well after all of that, I think I posted to the wrong thread...
;-)

kanzz

04-15-2008, 05:58 PM

BRAVO, Pia! Standing Ovation!!

Roamer

04-15-2008, 06:06 PM

I see some new posters here, so welcome.

Also, I'd like to remind you that we allow no bashing of victims and/or their families on this board. We have too many who visit here.

One more thing. Your opinions are welcome, but must be stated without malice toward other posters. Just because you don't agree, does not necessarily mean the other is wrong. Respectfully agree to disagree.

With that, happy posting. :0012:

Pia

04-15-2008, 07:10 PM

DeeJay, I apologize. That last sentence in red was mine, not yours....