An Invisible Enemy

New Developments In The Case Of A Young Marine Who Died Suddenly - Was It Natural Causes Or Poison?

(CBS)  Ten months after Cynthia was convicted of poisoning her husband she appeared at her sentencing hearing with a brash new lawyer and a bold new strategy.

Attorney Allen Bloom asked the judge not to sentence Cynthia, but to grant her a new trial.

"The evidence is incredibly underwhelming in terms of proving Cindy Sommer’s killed Todd Sommer," Bloom explains.

Bloom says there was a mountain of errors committed by her attorney, Bob Udell. "The errors that occurred in this case were not harmless," he says.

"It is common and understandable to want to have a do-over with a better attorney," says prosecutor Laura Gunn.

Lawyers rarely do this, but Bloom puts Udell on the stand. He wants to know why Udell called Cynthia’s mother, Jan Lippert, to testify about her daughter's behavior after Todd died.

Bloom argues Lippert's testimony, about how Cynthia grieved, opened the door for prosecutors to present all that testimony about Cynthia’s sexual behavior after Todd’s death. And that turned the tide against her.

"Ms. Sommer, I think, did not get the result that she wanted, she did not get the result that she expected, but your Honor, she should not get a new trial based on what you’ve heard here today," she says.

The judge gets the last word and everyone in the courtroom is stunned.

The decision: "I’m going to order that Ms. Sommer be allowed to have a new trial," Judge Peter Deddeh ruled. "I’m going to grant a new trial motion."

It was a million-to-one shot.

"This puts us back at square one, where Cindy really has a right to show her innocence in a full and complete way,” Bloom tells reporters at a press conference.

In January 2008, more than a year after Cynthia Sommer’s murder conviction and almost six years after Todd Sommer’s death, Bloom begins preparing for Cynthia's retrial. He’s eager to attack the prosecutors.

"They’re not supposed to prosecute a crime where there is no crime, That’s what happened here. There was no crime," states Bloom.

The defense atorney will build his case largely on those lab tests he says are faulty because they found arsenic in some of the tissue samples but not in others.

"There were lots of problems in the case. There was a fault of going to a laboratory that didn’t know how to do the testing. If you’re not expert in how to do the testing you can end up with contamination,” he tells Schlesinger.

Bloom was suspicious of 31 tissue samples listed on Todd Sommer’s original autopsy report that were never tested. “…the central issue is when did they know about the 31 tissues and when did they know that those tissues were important?” he says.

Bloom found out the tissues had been in plain sight for years, on a shelf in the autopsy room at the Navy Hospital. And, what’s more, all 31 samples had been preserved in wax.

"Those were not fresh samples. They were preserved, but we don’t know what impact that preservation would have had, which is why we didn’t test them and which is why the defense probably didn’t test them as well,” says District Attorney Bonnie Dumanis.

About a month before Cynthia Sommer’s retrial, prosecutors sent the samples to an internationally-renowned lab to be tested for arsenic.

"It was startling information for us to receive," Dumanis says. "The prosecutor came up to meet with me and the assistant district attorney to say, 'We got back the results on those tissues that we tested and it shows no arsenic.'"

No arsenic. How did that happen?

Defense experts believe it’s more proof that the original tests NCIS ordered on Todd’s tissues were botched -- that the liver and kidney samples were contaminated with arsenic after he died. NCIS agents won’t say what they think happened, but Dumanis had to make a tough decision. "My immediate thought was, 'We have to do the right thing here.'"

And so without hesitation, just two weeks before Cynthia Sommer’s new trial was supposed to start, the prosecution made a stunning announcement. Dumanis concluded that there was reasonable doubt and therefore the case was dismissed.

Once Dumanis dropped the murder charges, a judge set Cynthia free. It happened so quickly, Cynthia wasn’t there and her lawyer didn’t have time to dress for court.

Cynthia didn’t know for sure what was happening and called her mother in Michigan.

Lippert recalls, "Cindy called me. And she said, 'Mom, do you know what’s going on?' And so I said, 'Well, you’re being released."

Moments later, Allen Bloom went to the jail and Cynthia Sommer, who had been behind bars for 876 days -- almost 2-and-a-half years -- was walking out of jail a free woman.

Lippert flew to California the very next day to be with her daughter. "It was a joyful reunion. I mean she looked great. It was one of those moments in time that you just -- you’ll never, ever forget. And I just hugged her and held on to her for a long time.”

“Given the fact that this case has been dropped, or the charges have been dropped for now, I mean it’s only natural to assume that you would be looking back and saying, 'What went wrong here?' says Schlesinger. "I’m just trying to get a sense of what you think you might have done wrong.”

"Well until we go over it, I don’t think I can tell you that," Dumanis says.

When asked if she thinks she did anything wrong, she replies, “I can’t answer that until we look at everything.”

Eight months after the murder charges were dropped, Cynthia Sommer was back in Michigan living life as a busy mom.

She knows she can’t erase her past, but she’s not bitter. “I’m a better person for it," she says. "I’ve certainly grown up because of the things that have happened. And I’ve certainly learned a lot because of it.”

Cynthia’s children are her focus these days. She lost custody of all four of them when she was arrested for Todd’s murder. She now lives with her oldest son and daughter again. Her next court battle is to get her two younger sons back. They have lived with Cynthia's brother since her arrest in 2005.

"Can you see a point where your life is back to normal?” asks Schlesinger.
“I don’t think there’s ever gonna be a normal as I knew a normal before," Cynthia says. "I don’t want my life how it was before I was arrested. I like my life now. And I like who I am today. So in that sense of normal, no. I like the normal now.”

And as for Todd? Cynthia says that her feelings for him have not faded and she thinks about him and misses him all the time. "I love him," she says.

Todd Sommer’s death is still officially listed as a homicide.

Cynthia Sommer goes before a judge on Aug. 29 to ask that her case be dismissed "with prejudice." If successful, she could not be charged again for Todd’s murder.

[true_or_not]

Cindy may have been a partier before her husband died. She may have had these characteristics and the military knew this. The military could have killed him and planted the arsnic to make HER look more guilty. But its just a theory. People do grieve in different ways but WOW! She must have been on drugs.

[fush2]

omg...they shouldve never let her go..shes the one who killed him...i mean the evidence is so there...she was after the money to get her boobs done....omg a 23 year old marine!!!so not fair

[stickdog3]

I saw this back in February and again this weekend, this was anti freeze poisioning. He displayed all the classic symptons. Vomiting, nausea, diahrrea, etc. Unfortunately they didn't test for this during the initial autopsy. Arsenic is in nature we injest it everyday, obviously not in lethal amounts. I feel for this guys parents, him getting involved with someone like her, at such a young age (19) with 3 kids already. That was the ultimate trick bag going in. He didn't see the signs. Let this case be a lesson to you mothers out there with sons his age or any age. When meeting women pay attention to the way they talk, act around you, everything. If you think you this might be someone you're interesed in long term ask questions, plenty of questions, don't let sex overwhelm your mind stay focused. I see this every week on "Cheaters" how deceptive these women are, and obviously we see it here on 48 Hours Mystery always keep your eyes and ears wide open when meeting these people, don't get caught up.

[arsenicvic]

Arsenic in Nature is Organic. Big difference from it's Inorganic toxic form. Organic Arsenic becomes Inorganic toxic poison when mixed with Chlorine to name one. Antifreeze would most likely shut down his liver and probably turned him yellow and the symptoms should be quite obvious. Maybe something we all have overlooked but the only positive test was Arsenic.
Your hair, nails, and outer layer of skin are made of Keratin your body produces. Arsenic ingested would cause dry skin and maybe alter the glands in the hair follicle that produce Keratin because it disrupts the Endocrine system. Exposure directly to the skin causes damage to the pore and hair follicle and then the Keratin starts to build up in the pore trying to heal the damage inside like a cut or a scrape on the outside. When the Keratin grows out of the pore on to the skin that would be Keratosis. I assume he just ingested it and since it's a known fact that Arsenic only remains in the blood for a few hours leaves the Liver and Kidney's to filter it out. Theres a huge difference between Chronic and Acute

[csi-lover]

"I needed companionship so I went out and found it". By having sex with 5 guys after Todd died? Wow, is that the American way to grieve, or what? With all those kids, she can have it. It sounds like she got a lucky break, and she knows it.

[virgosal]

Well, Cynthia Sommers must have gotten away with murder but her life is not yet over. Her freedom is only temporary because there's such a thing as Karma and the Higher Power who knows the Truth and Everything will bring that Karma down on her when the time comes, just like OJ. I hope she reads this and prepare for that day because she may be out of a physical prison now but she is still in a prison of her own and she knows it.

[arsenicvic]

Science has come a long way in recent months. It's clear to me as a victim among others what happend here. In a case where Arsenic was not inhaled and was not exposed to the skin it would clog the Liver and the rest would be filtered out as waste through the urine. The result would be abnormal heart beat, increased blood pressure, and an irregular Thyroid resulting in heart arrhythmia or failure. It's only detectable in the blood for a few hours why, becasue it's metal and it stacks up while being filtered in the liver. After ingesting it's difficult to urinate because your pushing metal through your system. In a case where moderate doses were given and the body had time to start the removal process it may only show up in the liver, kidneys, bladder, and urine. What part of the body were the other tissue samples from? As far as the 10 Does comment, it's a completely different reaction when inhaled and exposed to skin. The metal would have to make it's way through the lung and chronic result of the skin would be Keratosis among other problems. I didn't here the experts mention the Endocrine system.

[gramto8]

Actually, if you take small doses of arsenic on a regular basis, your skin is quite clear. It used to be used for that very purpose.

[stickdog3]

Hey gramto8 if an amount less than a penny can kill you, what amount can possibly be taken on a regular basis to clear your skin? I have never heard of this before, where arsenic is used to clear your skin.

[hercule1122]

This case is difficult because the people are so unpredictable. Why on earth would a 19 year old marry a 25 year old female with three kids ( by how many many fathers?)? Everyone is borderline stupid, including the parents. I expect that the wife is the culprit in his death, but the prosecutor did a poor job to say the least and her attorney also seemed to be out to lunch. I too think she used antifreeze to dispatch him, but don't know if NCIS ran tests to see. Guess she will continue to live her empty life of erotica.

[mlupchurch-2009]

and i can guarantee you that they wont let this rest.

[mlupchurch-2009]

well as far as this story tonight... sounds so much like a marine death against Robert Peter Russell against his wife whos body was never found.. Marine law.. is ********.

[cliffps]

Sometimes it takes many years before the culprits are brought to justice and too bad but if she's truly guilty, in time it'll all see the light because I don't think anyone's really giving up on this... she can be called back anytime to face justice, let's not forget that's now hanging over her head for many years to come. Not a fun way to live life.

[cepe10-2009]

Seems like a witch hunt and prosecutor misconduct here.

[piaj-2009]

Do you really think that if Todd had been poisoned with antifreeze they wouldn''t already know that? Mark Ridley made it clear that he suspected Cindy pretty much from the beginning. He would have tested for that way back then. By the way, I am still wondering why he didn''t testify. He couldn''t show up for court but he can certainly show up to discuss this case with the media. Maybe he didn''t testify because the real reason he sent Todd samples off to be tested is because of Cindy''s behavior and nothing else. He had his suspicions because of the way Cindy was acting...She wasn''t grieving "properly" so she must have killed him.

This case is over. Cindy is innocent. Sadly Sgt. Sommer died from Sudden Cardiac Arrhythmia, just like the original ME said.

Lee Cantrell talks to the media about how much arsenic it takes to kill someone but he didn''t say how much it would take for the amounts that was supposed to have been in Todd''s tissues...Why doesn''t he tell the media how he told Laura Gunn BEFORE the trial that he could not testify that Todd died from arsenic? He didn''t share that with Schlesinger, did he?

Glenn Wagner needs to follow through as he testified in court and change the death certificate back. There was no arsenic so arsenic should not be listed as the cause of death.

[padstowabbon]

really hope the family of Todd should not give up and insist on the investigation, as suggested by watch2566, shall exhumes the body and run a test. people just don''t die without any reason at 23!!!

the wife sure has a very strange way to grieve... if she is grieving at all...

[shoelane123]

That military laboratory certainly was not qualified to analyze Todd''s samples for arsenic because (1) this lab botched the analyses, (2) this lab analyzes water samples and not tissue samples, and (3) this military lab was not certified to analyze tissue samples for arsenic. Also, the prosecutor in the case did a very poor job in giving the wife a fair trial because he failed to obtain the proper expert recommendation on a certified laboratory to analyze the tissue samples. This entire case stinks, and the wife, Cynthia should be compensated for her time in jail.
Samuel P. Tucker, Ph.D.
Research Chemist
Cincinnati, Ohio

[jbrauthor]

Dr. Tucker, how did you get your doctorate, via an Internet program. You are truly an example of a dumbed down educational system. First of all Doc, in America the legal system is an adversarial system, the prosecutor isn't trying to give anyone a fair trial. The case stinks all right Doc, but not for the laughable reasons you have given. The Judge who granted the new trial should have been investigated to see if he had been paid off through her new attorney to grant a new trial which is unheard of. Cynthia's screwing 5 guys after her husbands death was a way to celebrate for her as she knew she was about to get the $250.000 insurance payout. Her murdering Todd was well thought out, but her 911 call was pretty phony, notwithstanding lying about giving Todd CPR while she was on the phone. She was a woman with a huge ego who loved turning guys on, as she did in the thong contest in Florida. Thank God some judge at least had the brains to have given this tramp a high enough bail that she got to spend 2 1/2 years in Jail. I wonder how much she paid her last defense lawyer, in addition to the money that he probably back doored to the judge who granted the new trial. Todd's parents should sue this tramp in civil court the way Mr. Goldman did in the OJ Simpson case. As far as you are concerned Dr. Tucker, tell us what dumbed down university awarded you a PHD, so the alumnae can withold future funds.

[stickdog3]

To the staff at 48 Hours Mystery, I absolutely love your show. I lookk forward every Saturday nite to viewing it. The Show this past Saturday was especially troubling. I was wondering if you could contac that Marines family and have them to continue to pursue this case, are if you could help them, like you did in that case last week about Sonia from the Phillipines who killed 2 of hewr husbands. Anywas try and help this Marines family hire a private pathologist who can run tissue samples of him and check for all types of poisoning. Trust me, she did it, its just finding how she did it. So far shes beat the odds, lets put the odds back in her husbands favor.

[stickdog3]

I remember this case, I live here in L.A. and The Times extensively covered this case. Its truly sad. That guy was in over his head from Day 1. Her getting out of jail is insanity. The NCIS blew this one. I do believe the mother is involved in this as well. It may not have been arsenic, but it was another substance, like one other blogger on here suggested, Antifreeze. He showed all the classic systems of antifreeze poisoning. It could have been easily slipped into his soda. Congress has been trying to get anti freeze manufactures to make it more bitter tasting, because of the surge in spouses doing their significant others in with this common product. Anti freeze tastes like it looks its a sweet taste. It stopped me from accepting drinks of Gatorade from my girlfriends, lovers, and associates. Don''t ever accept a drink of Gatorade from someone you''ve have bitter arguments with. This girl is going to rot in hell, for disrespecting that guys family and disposing of him as if he were a paper towel, sleeping with 5 of his friends within 72 hours of his death is unreal. Are you kidding me? I hope I don''t see here walking the street. May God have mercy on that guys soul. And I hope they continue to check those tissue samples, theres got to be a test that can be used to detect various poisons. She should be in jail, and never released, ever.

[sassalin]

robs60,

Yea..because there are no guily people in jail. They are all innocent and it was the lawyers fault.

Your son is a criminal and so is this lady. Deal with it.

[roscoezzz]

I saw this same story on DATELINE NBC last year and they went more in depth with this girl''s defense attorney. He did a horrible job with the arsenic theory of death.
The NCIS on this case also did a pretty bad job. The arsenic was mixed with something else and was botched. So, my question is this, HOW DID THIS YOUNG AND HEALTHY 23 YEAR OLD DIE?
As for the wife''s behavior after he died. Well, talk about no respect. It''s no wonder her kids were taken away. She could still be tried for her husband''s death too. Interesting....

[robs60]

Don''t know how to start with what I want but!!!
On your show about the young lady & marine husband.I
caught just by chance last nite!!
I see she had a attorney out of Stuart ,Fl. Robert Udell
My son used this guy for 2 appeals!!With failure.
He sits in Fl. prison for 10 years for nothing!
Basically!!!Is there any way you people could have Ms. Sommers or her family contact me??I AM in Mich.
I need to talk with them about this attorney only!!\ sincerely Robert Sills

[watch2566]

IF you have not watched something
die from arsenic poison, then you can''t really have any idea just what agony this death is. We had a cotton farmer to the North of our pasture. Cotton defoliant is 75% arsenic/25% diesel
The wind was blowing hard from the North when the farmer was spraying and the defoliant came over onto our pasture. We were not home, when we arrive home about 10pm,
we heard screaming when we pulled in the drive way, and rushed to the barn, to find 10 does dead and the last one in agony. The nearest neighbors had left messages asking what was wrong
with the does. No way that children in the apartment were still asleep when the EMT arrived, that this man was in bed with some discomfort, got up and dropped dead is not the reaction that I witnessed. The lab report on the stomach content, of the last doe to die had .00015 ppm, of arsenic ALL tissue of the animals liver/kidney had arsenic
I watched the entire trial, and didn''t believe it then, she was convicted because of her conduct, each of
us has to grieve in our own way... shock causes strange behavior
She could have killed him, but not
with arsenic.