Unjust Conviction: Cynthia Sommer

On January 30, 2007, a jury in San Diego, California, convicted Cynthia Sommer of first degree murder with the special circumstances of murder by poisoning. She was accused of killing her 23 year old Marine husband, Todd Sommer, for the standard $250,000.00 life insurance policy that named her as the beneficiary.

Initially, the death was ruled as a natural death from a heart attack. Years later, two of many samples from the body of Todd Sommer tested positive for high levels of arsenic. The liver and kidney samples tested positive, but none of the blood, skin, hair, heart, brain, urine, or any other tissue tested positive for high levels of arsenic poisoning. The defense presented four expert witnesses who claim that the death of Todd Sommer could not have been arsenic poisoning.

The chain of custody for the samples was broken, and it is believed by a wide following of Cynthia Sommer supporters that the samples were contaminated and that the prosecution of Cynthia Sommer is malicious prosecution. They believe that the jury convicted Cynthia Sommer not because of evidence of her guilt, but rather because she had indiscriminate sexual encounters in the months following the death of Todd Sommer.

Cynthia Sommer also went to Mexico with friends and entered a wet tee shirt contest. It was her lack of traditional grieving combined with a witness, Mrs. Beach, who testified that Cynthia Sommer called her before calling 911 to make certain that Todd Sommer was in fact dead. However, Mrs. Beach has been said to have recanted her story and is now saying that she believes she was mistaken and that the jury should not have made their decision based on her testimony if in fact that is why Cynthia Sommer was convicted.

As for the motive of Cynthia Sommer to murder her husband, the prosecution claims that she wanted to live a more lavish lifestyle with her husband's life insurance policy. This is hard to believe because Cynthia Sommer put the majority of the money into a trust fund for her four children. The money that she did spend was used to buy dinners at Fuddruckers and one large purchase to have a breast augmentation surgery. Cynthia Sommer presented a card at trial that showed her husband supported her choice to have the surgery and that the couple was planning to have the surgery in the coming year. Sommer supporters argue that she would not need to kill him for a surgery that they were planning to have anyway.

It was a shock to those following the trial that Cynthia Sommer was convicted considering that the argument that no murder even occurred was backed up with hard scientific evidence. However, the jury did not see it that way. Sommer supporters have been blogging, writing, and promoting the cause of the Cynthia Sommer defense fund through the sale of bumper stickers, tee shirts, sweat shirts, and a variety of other products.

Cynthia Sommer was granted a continuance on the sentencing hearing that was scheduled for March 23, 2007. Sommer has obtained new counsel and is expected ask for a new trial and appeal the conviction if one is not granted.