Cindy Sommer IS FREE/Charges Dropped

kanzz · 05-31-2008, 12:38 AM

Judge Retains Power to Dismiss Sommer Case With Prejudice
http://snipurl.com/2bmxi

A judge ruled Friday he still has authority to dismiss the case, with or without prejudice, against a woman accused of poisoning her Marine husband, which could prevent the charges from being filed again.

Judge John Einhorn rejected a prosecution argument the court ceded it's jurisdiction when the case against Cynthia Sommer was dismissed "without prejudice" last month. "Without prejudice" means the prosecution has the option of refiling murder charges at a later time. "With prejudice" would mean the case could never refiled.

The judge has set a July 18 hearing to decide whether the dismissal should be with or without prejudice.

Prosecutors argued in court documents that once the judge dismissed the charges, his legal jurisdiction in the case ended. Only the judge or the prosecution can dismiss charges.

Einhorn, however, agreed with the defense that at the same time he dropped the charges against Sommer, he also set the July 18 hearing for further review.

The 34-year-old defendant was convicted of first-degree murder in connection with the February 2002 death of her husband, Todd Sommer, but last year a judge granted her a new trial.

On April 17, the District Attorney's Office asked for a dismissal of the murder charges against Cynthia Sommer, who was alleged to have given the 23- year-old man a fatal dose of arsenic so she could collect $250,000 in life insurance.

Doctors at Balboa Naval Hospital originally determined the victim died of a heart attack, but a military lab tested his tissue and found unusually high levels of arsenic in his liver and kidneys.

As Cynthia Sommer was set for a retrial, the District Attorney's Office requested the charges against the mother of four be dismissed, saying tests on additional tissue samples from the victim showed no arsenic.

An expert said the previous test results were "physiologically improbable" and that contamination was possible.

During her trial, Judge Peter Deddeh originally excluded evidence Sommer had sex with several Marines and participated in a wet T-shirt and thong contest in Tijuana after her husband's death, but allowed it in after the defendant's mother testified Sommer behaved like a grieving widow in the days after Todd Sommer died.

Sommer testified she paid $5,400 for breast implants in the days after Todd Sommer died, but said she and her husband had talked about her doing it.

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05-31-2008, 12:38 AM	#1
kanzz New Member Join Date: Apr 2008 Posts: 21	Judge Retains Power to Dismiss Sommer Case With Prejudice http://snipurl.com/2bmxi A judge ruled Friday he still has authority to dismiss the case, with or without prejudice, against a woman accused of poisoning her Marine husband, which could prevent the charges from being filed again. Judge John Einhorn rejected a prosecution argument the court ceded it's jurisdiction when the case against Cynthia Sommer was dismissed "without prejudice" last month. "Without prejudice" means the prosecution has the option of refiling murder charges at a later time. "With prejudice" would mean the case could never refiled. The judge has set a July 18 hearing to decide whether the dismissal should be with or without prejudice. Prosecutors argued in court documents that once the judge dismissed the charges, his legal jurisdiction in the case ended. Only the judge or the prosecution can dismiss charges. Einhorn, however, agreed with the defense that at the same time he dropped the charges against Sommer, he also set the July 18 hearing for further review. The 34-year-old defendant was convicted of first-degree murder in connection with the February 2002 death of her husband, Todd Sommer, but last year a judge granted her a new trial. On April 17, the District Attorney's Office asked for a dismissal of the murder charges against Cynthia Sommer, who was alleged to have given the 23- year-old man a fatal dose of arsenic so she could collect $250,000 in life insurance. Doctors at Balboa Naval Hospital originally determined the victim died of a heart attack, but a military lab tested his tissue and found unusually high levels of arsenic in his liver and kidneys. As Cynthia Sommer was set for a retrial, the District Attorney's Office requested the charges against the mother of four be dismissed, saying tests on additional tissue samples from the victim showed no arsenic. An expert said the previous test results were "physiologically improbable" and that contamination was possible. During her trial, Judge Peter Deddeh originally excluded evidence Sommer had sex with several Marines and participated in a wet T-shirt and thong contest in Tijuana after her husband's death, but allowed it in after the defendant's mother testified Sommer behaved like a grieving widow in the days after Todd Sommer died. Sommer testified she paid $5,400 for breast implants in the days after Todd Sommer died, but said she and her husband had talked about her doing it.