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| - On February 18, 2002 , Cynthia Sommer's husband, Sgt. Todd Sommer, USMC, suddenly collapsed and died in their home at Marine Corps Air Station Miramar near San Diego, California. On autopsy, his heart was determined to be morphologically normal, and cause of death was listed as cardiac arrhythmia of unknown etiology. In other words, his heart was normal in structure, but the electrical system in his heart misfired for some unknown reason. This electrical disturbance does not result in cardiac damage, just a failure to function. Therefore, a heart that is morphologically normal would be expected in the presence of an arrhythmia.
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| abstract
| - On February 18, 2002 , Cynthia Sommer's husband, Sgt. Todd Sommer, USMC, suddenly collapsed and died in their home at Marine Corps Air Station Miramar near San Diego, California. On autopsy, his heart was determined to be morphologically normal, and cause of death was listed as cardiac arrhythmia of unknown etiology. In other words, his heart was normal in structure, but the electrical system in his heart misfired for some unknown reason. This electrical disturbance does not result in cardiac damage, just a failure to function. Therefore, a heart that is morphologically normal would be expected in the presence of an arrhythmia. Naval Criminal Investigative Services (NCIS) launched an investigation into Todd's death, and Cindy was arrested for murder in November 2005. Heavy metals testing had been ordered by NCIS, and a form of arsenic had been found in extremely high levels in the liver and kidneys - only. Not in his urine, blood, or anything else. San Diego County Medical Examiner Glen Wagner was baffled by the results of the heavy metals testing, so he contacted his old colleague, Jose Centeno. Centeno admitted that he initially had reservations about the test results and considered whether the tissues had been contaminated. Centeno said, "I had never seen such high levels of arsenic." In an e-mail he sent to Wagner, Centeno said he was "surprised" by the high levels of arsenic found in the liver and kidney; which, as he stated, were inconsistent with the negative results in the blood and urine. Centeno said he had considered, and then rejected the possibility, that the samples could have been contaminated upon collection. Despite: claims by investigators that the tape recorder used in the initial interview with Cindy "broke" and they reconstructed the interview from memory; babysitter testimony that conflicts with that of first responders and telephone records; and countless lab discrepancies including breaks in chain of custody, no Standard Operating Procedures (SOP’s), no quality controls, and defense expert testimony that the results of the AFIP heavy metals testing were inconsistent with arsenic poisoning; Cindy Sommer was found guilty in January 2007 of murder by arsenic poisoning for financial gain.
* There were SIXTEEN BREAKS in the chain of custody for Todd’s tissue samples – from the organs Cynthia willingly donated...
* There was NO LINK between Cynthia and arsenic – she didn't research it, she didn't discuss it, and she didn't purchase it...
* The scientific evidence did not support death by arsenic poisoning – the evidence proved that Todd Sommer was not murdered by anyone. On January 30, 2007, a jury found Cynthia guilty of murder, which carried with it a sentence of life imprisonment without the possibility of parole. In May of 2007, Mr. Bloom filed a Motion for New Trial and a Request for Discovery. The following was included in the Request for Discovery: "Access to all of the body tissues, fluids, or microscopic slides taken from decedent Todd Sommer taken before, after, or at the time of his autopsy which are still in possession of the United States Navy, including all tissues that Dr. Robinson stated that he caused to be preserved and kept..." Sentencing was postponed. On November 30, 2007, Judge Peter Deddeh granted a new trail, based on ineffective assistance of counsel during her first trial. The new trial was scheduled for May 14, 2008. Deputy District Attorney Laura Gunn failed to prove that Todd Sommer was poisoned, let alone that Cynthia had anything to do with his death, but still insisted on re-trying her... On April 17, 2008, Mr. Bloom received notice that District Attorney Bonnie Dumanis had filed a Motion to Dismiss Without Prejudice. Although the prosecution had never produced any tissues and/or fluids to the defense, they had obtained and tested tissue samples recovered from Balboa Hospital. The results were conclusive - Sgt. Todd Sommer was not poisoned. According to Allen Bloom in his Memo that Court has Authority to Dismiss With Prejudice: "The prosecution’s conduct in this case has been at the lowest levels of professionalism. It’s conduct has cost a young woman her freedom for almost two and half years; has kept four children from their mother for that time; has kept a mother from being with her daughter; has had enormous emotional implications to a young widow; has poisoned the parents of a young marine against his wife who loved him dearly and kept those very same in-laws away from their grandchildren for 869 days and counting."
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