CONVICTION OVERTURNED CA - Sgt. Todd Sommer, 23, fatally poisoned, San Diego, 18 Feb 2002

[MsRusty]

From the article link in Post #2:


On Thursday, the same prosecutors acknowledged those results were wrong, and convinced a judge to dismiss their case against Sommer, who had been preparing for a retrial next month. The lawyers could not, however, explain to the public why new tests of previously untouched samples of Marine Sgt. Todd Sommer's tissue showed no trace of arsenic.

Apparently they still had untouched samples of tissue. That same article has her attorney accusing the prosecution of gross negligence. Since it the prosecutor dismissing the charges, I don't see how they can deny that there was no negligence on their part.

Since they were getting ready for a retrial does this mean she can be tried at a later date, or is this judgement final?

 

[SewingDeb]

All I can say is I hope they are right and she doesn't have another family member mysteriously die.

 

[joe jones]

final, done and dusted, the state screwed up, it has acknowledged that, she is now free to try to rebuild her and her childrens lives

 

[MsRusty]

final, done and dusted, the state screwed up, it has acknowledged that, she is now free to try to rebuild her and her childrens lives

Good for her. I wish her happiness as she starts her new life.

 

[ttrachel04]

how did he die then?

im still not convinced that she's innocent either.
either way it certainly sounds like she didn't mourn the death of her husband.

 

[MsRusty]

I always thought that was really why they went after her because she didn't "mourn" as others thought she should have.


In reading an old article just now it said initially they thought it was a heart attack, maybe it was. The old article also mentioned that the prosecutor's case was circumstantial and the couldn't even link arsenic to her. The fact that she went on the wild spending spree is what they used for motive.

 

[dimples37398]

I believe that they should keep a close eye on any other mysterious deaths that come up in her future relationships.

One of the first things I seen on tv of this case, was that the first computer she had...couldn't be found....and she didn't know what she had done with it. Wasn't sure if she had thrown it out, or gave it away or where it was. I might not remember when exactly I bought a new computer.......but I sure don't think I would forgot what exactly I did with my old one.

JMO.....
Kel

 

[MrsMush99]

I saw this episode of 48 Hours Mystery. I think she is innocent and I'm glad the charges have been dropped.

 

[MrsMush99]

Court TV covering this now.

 

[Bilas]

I still think she is guilty.

I guess she can get that boob job now.

 

[lisag]

I think she is guilty, but I dont think there was enough evidence to convict.

 

[pixies]

:furious:

I still think she is guilty.

I guess she can get that boob job now.

Exactly what I was thinking.

 

[XcomSquaddie]

She already had the boob job.

I think she was innocent. The initial tests came back negative of arsenic. it was only the second set that tested positive.

I think they went after her for her lifestyle.

Biggest thing for me is not enough evidence. Can't link the arsenic, two out of three tests say no arsenic at all.

Besides, better a guilty person go free than an innocent person go to jail. When in doubt, let them walk.

 

[mister happy]

From the article link in Post #2:


On Thursday, the same prosecutors acknowledged those results were wrong, and convinced a judge to dismiss their case against Sommer, who had been preparing for a retrial next month. The lawyers could not, however, explain to the public why new tests of previously untouched samples of Marine Sgt. Todd Sommer's tissue showed no trace of arsenic.

Apparently they still had untouched samples of tissue. That same article has her attorney accusing the prosecution of gross negligence. Since it the prosecutor dismissing the charges, I don't see how they can deny that there was no negligence on their part.

Since they were getting ready for a retrial does this mean she can be tried at a later date, or is this judgement final?

I've read that the case was dismissed "without prejudice" - meaning the prosecution has the option to refile charges. But Sommer's lawyer said he will request a dismissal with prejudice which, if granted, would close the case.

 

[Bilas]

Besides, better a guilty person go free than an innocent person go to jail. When in doubt, let them walk.

I wonder how many dead people would agree with you about letting the guilty go free? Or how many criminals get out and commit crimes again because there is doubt.

 

[nanandjim]

final, done and dusted, the state screwed up, it has acknowledged that, she is now free to try to rebuild her and her childrens lives

and go back to working at Subway until she finds another young, naive soldier to take care of her and her five (?) children.

 

[mister happy]

Boy, some of you guys sound bitter that the charges were dropped and she was released. From what I've read, the case was bogus - an overzealous prosecutor at play again. CS spent over 2 years in jail because of this BS. Give her a break.

 

[JBean]

I think she is guilty, but I dont think there was enough evidence to convict.

kind of seems like there was no evidence at all to convict.

 

[i.b.nora]

Hard to think someone is guilty of a crime that didn't occur.

 

[paperhanger44z]

I honestly have no idea how people can post like this when obviosly they have no idea about this case.Not only did she not poison her husband,he wasn't even poisoned.An average chemistry student in high school could see that if they watched the trial.But i guess like the jury the got in the way.