SAN DIEGO – A new twist was added to the court case against Cynthia Sommer on Friday when prosecutors told a judge he doesn't have the right to tell them if they can ever again file murder charges against Sommer in connection with the death of her Marine husband.
JOHN GIBBINS / Union-Tribune
Cynthia Sommer, seen in court today with her attorney, Allen Bloom, originally was charged with the murder of her Marine husband.
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Deputy District Attorney Laura Gunn told Superior Court Judge John S. Einhorn that the court “has no authority” to hear motions by Sommer's lawyer that would effectively bar prosecutors from refiling murder charges against Sommer.
Neither Gunn nor Deputy District Attorney Laura Tanney, who appeared with her in challenging the judge's authority, would discuss their reasoning in or out of the courtroom
The judge said he was unaware of any legal precedents that would support or contradict the prosecutors' contentions. Einhorn asked them to file papers in support of their argument by May 23 and scheduled a hearing on the matter May 28.
Sommer's lawyer, Allen Bloom, said in court that the prosecutors actions were “astounding to me.”
“There is no evidence that a crime was ever committed,” Bloom told the judge.
Bloom had asked Einhorn to dismiss the murder charge against Sommer with prejudice – a legal distinction that would prevent prosecutors from refiling murder charges in the future.
Outside the court, Bloom said “this is all done as a face-saving measure.”
“They refuse to tell us why they want this charge hanging over Cynthia Sommer's head,” Bloom said. He said he has filed a motion that would require prosecutors to reveal discussions, documents and other matters that led them to charge Sommer with murder.
“The district attorney continues to take the position that no one should review them,” Bloom said.
Speaking to reporters outside the courtroom, Sommer said: “I'm not happy that they're trying to fight still and they're not taking responsibility for their actions and what they've done to my life and what they've done to my family's life.”
Sommer said she was determined to clear her name for good.
“I don't know why they're pushing so hard to save face and not just admit they were wrong and (say) we're sorry,” Sommer said. “The more they fight, the stronger we'll fight.”
On April 17, the judge granted a motion to dismiss murder charges against Sommer without prejudice at the request of District Attorney Bonnie Dumanis, who said new evidence casts doubt on whether her husband was poisoned as prosecutors contended.
Tanney told the judge that prosecutors haven't conceded that there is no evidence that a crime was committed. She said that's an issue that will be determined at a later date.
Sgt. Todd Sommer, 23, died Feb. 18, 2002, after collapsing at the couple'shome at Miramar Marine Corps Air Station.
A San Diego jury convicted Cynthia Sommer in January 2007 of first-degreemurder and allegations of murder by poison and for financial gain. Shefaced a sentence of life in prison without parole.
Ten months later, Judge Peter C. Deddeh granted a defense request for a new trial, saying the lawyer who defended her at trial made several errors that may have prejudiced the jury.
Bloom took over the case after Sommer's conviction.
Ray Huard: (619) 593-4953;
ray.huard@uniontrib.com
