Re: New Trial in Cynthia Sommer Case


"comadrejo" <comadrejo-t@xxxxxxxxxxx> wrote in message
news:comadrejo-t-AF4D5B.22454704122007@xxxxxxxxxxxxxxxxxxxx
In article <midcl3h70kb6mvem2fdfsf3ejdgpnee86a@xxxxxxx>, BlueBrooke
wrote:

http://tinyurl.com/3czfpc

http://www.latimes.com/news/local/la-me-poison1dec01,1,7030755.story?coll=la-h
eadlines-california

Defense attorney's errors are cited in case against woman charged with
fatally poisoning her husband to get his life insurance.

By Tony Perry, Los Angeles Times Staff Writer
December 1, 2007

SAN DIEGO -- A judge Friday ordered a new trial for a 34-year-old
mother of four who was convicted in January of fatally poisoning her
Marine husband so she could use his life insurance to indulge in a
libertine lifestyle.

Superior Court Judge Peter Deddeh ruled that the defense attorney for
Cynthia Sommer made a serious error in presenting evidence that
allowed prosecution witnesses to talk about Sommer's behavior after
her husband's death.


Interesting. It is pretty standard in the appeals process that a
defendant blames their lawyer for something during the trial or for
incompetence, and I guess there was legitimate reason for this line of
argument in this case.

I expect the prosecution to appeal this ruling. I would be surprise if
the ruling is overturned.

Even though I think Cynthia Sommer killed her husband with arsenic, she
and her lawyer can put on a strong case to get an acquittal if there is
a new trial in this case. There are too many areas that her legal team
can raise reasonable doubt. The main area that they can wreck the
prosecution's case is attacking the testing and testing procedure for
arsenic in Todd Sommers's organ tissues.

This was/is a weak prosecution's case to start with, given the sheer
incompetence of the Naval Criminal Investigation Service (NCIS) after
Todd Sommer was declared dead. The prosecution best bet is to make sure
there isn't a change of venue and try the case in San Diego County.


Why would you think she was guilty? They were never able to connect her to
the arsenic. And there was absolutely no motive for her to kill him. By
all appearances, they had a compatible marriage. I honestly don't think she
killed him.

td



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