Case History:  A Travesty of Justice

Summary:

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.

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. 

The 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.  email

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.

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The State's Case:

San Diego County Deputy District Attorney Laura Gunn claimed that Cynthia Sommer poisoned her husband, Todd, with a massive dose of arsenic in February, 2002.  Ms. Gunn could not say when he was dosed, with what type of arsenic or how much, but offered several theories during the trial. Experts could not say with any certainty either.  It was speculated by some, this might have been on February 8, while others say it was hours before his death on February 18, 2002. The prosecutor claimed Cynthia Sommer poisoned her husband and watched him die so she could collect Todd's $250,000 Servicemembers' Group Life Insurance (SGLI).  

On February 8, 2002, Todd Sommer developed gastrointestinal symptoms. He had been at the El Centro toxic waste dump that day with three other Marines to survey the land. They stopped on the way home to get some food. Todd ate some egg rolls and reported to doctors on February 10 that he was feeling sick to his stomach a few hours after eating the egg rolls. He arrived home at Miramar around 4:30, where he saw his wife, Cindy, for a few minutes before she left the house to go to her job at Subway.

When Cindy arrived home later that evening, Todd and the four children were watching the Olympics on television. Todd and Cindy went to bed around 11:30. Todd began tossing and turning in the middle of the night, which woke Cindy. After a while, Todd got up and told Cindy he wasn't feeling well and went to take a shower. During the next nine days, Todd experienced nausea, vomiting, and diarrhea off and on.  He went into the base clinic on February 10 and February 12.  Blood tests were performed.

Todd was diagnosed with food poisoning vs. gastroenteritis and was prescribed medications. During the time he was ill, Cindy did her best to nurse him back to health, providing him with sports drinks, Tylenol, and Ibuprofen and even asking Todd's mother for advice on what she could do for him. His symptoms lessened during the week and Todd thanked Cindy in a Valentine's Day card by saying "Thanks for making me better last week". He was able to go to work, and the weekend after Valentine's Day he took the family to Knott's Berry Farm, where he rode roller coasters and drank beer. The worst seemed to be over.

On February 18, Todd awoke around 1:30 a.m. Cindy asked Todd if he was alright and he told her he was fine.  Then, as he walked toward the master bathroom, suddenly collapsed on the floor. Cindy rushed to him, calling out his name, but he couldn't answer and appeared to be unconscious. Panic rose quickly and she called for her daughter to get the phone, which wasn't in the charger on the stand.

Cindy immediately dialed 911. The call came in to the dispatcher at 1:34 a.m. She started doing CPR, though she was never given any instruction or support by the 911 dispatcher. It had been a long time since she had learned this procedure, but did the best she could. At one point, she noticed that Todd was gasping for air. He was still alive. Time seemed to stand still while she waited for help to arrive and did what she could for Todd as the 911 dispatcher assured her help was on the way.

When the Military Police (MP) arrived at 1:38 a.m., Cindy screamed for Jenna, her oldest daughter, to answer the door.  As she heard the MP's rushing down the hall toward the master bedroom, she stood up and allowed them to take over. She begged them, "Please don't let anything happen to him". One of the MP's noticed the four kids, who had been awakened because of the commotion, and suggested that Cindy call someone to come watch them so she could go to the hospital. Cindy didn't know a lot of people at the base, as they hadn't been there long. She had recently met Susan Beach, the mother of one of her daughter's friends, and Susan had put her number on Cindy’s cell phone. Ms. Beach had told Cindy to call if she ever needed anything. That night, Cindy needed help and Ms. Beach agreed to come.

Cell phone records show the call Cindy placed to Ms. Beach was made from Cindy's cell phone at 1:43 a.m.  A few minutes later, the records show Ms. Beach called Cindy back on her cell phone, probably to tell her she was on the way. Cindy gathered the children and took them downstairs to the living room so they would be out of the way and because she didn't want them seeing Todd in that condition.

Ms. Beach arrived at the Sommer home around 1:58 a.m. and saw the front door open, so she walked in and went right to the living room where the kids were. Ms. Beach did not call for Cindy or go upstairs. At 2:00, Ms. Beach saw flashing lights reflecting on the walls as the ambulance arrived and soon heard the Emergency Medical Technician’s (EMT's) carrying the gurney up the stairs. She had to tell her daughter and Jenna to stay in the living room because she was afraid they would be in the way of the emergency personnel.  The stairwell was right inside the front door of the Sommer house, and not visible from the living room.

Investigators did not question Ms. Beach until she went to the MP's at Miramar after she heard about the arrest on the news.  At trial, in response to Gunn asking Ms. Beach "And what happened once you got there?" - Beach testified "I noticed that the ambulance and the MP's hadn't arrived yet."

Unfortunately, the jury asked for Beach's testimony to be read back to them during their deliberations.  In the mean time, Beach was posting liberally on a public message board and admitting, in effect, that she then understood her testimony was incorrect.  She also wrote, "It never dawned on me that Cindy may have called me first. The investigator put that in my head."

At about 2:15 a.m., Todd was carried downstairs on the gurney and loaded into the ambulance. A female MP, Officer Stoner told Cindy that she would take her to the hospital. Stoner had been ordered not to tell Cindy Todd was probably dead by that time.  Resuscitation efforts continued.  Cindy remained hopeful that Todd would be alright, though she was in a state of shock and not thinking clearly.

On the way to the hospital, Stoner stopped at her barracks briefly.  Cindy asked her if she could stop for cigarettes because she anticipated a long wait at the Emergency Room and her nerves were shot.  Cindy was anxious to see Todd, but realized the waiting would be difficult.  Officer Stoner later testified that Cindy was anxious and told her that Todd was a good man and she was sure he would be okay.

The ambulance arrived at the hospital at 2:25 a.m. and Todd was pronounced dead 10 minutes later, after all efforts to resuscitate him had failed.

When Cindy and Stoner arrived shortly after, they sat in the waiting room for what seemed to be an eternity.  Shortly thereafter, they were informed of Todd's death. Through her tears, Cindy asked Stoner to accompany her to the room where Todd lay on a gurney. She told Todd she loved him as she removed his wedding ring and placed it on her thumb to keep this symbol of their union close to her.

Hospital staff asked Cindy if she wanted to donate Todd’s organs, and she willingly signed release forms.  There is no record that any of Todd's donation was utilized - not even his corneas.

Soon, Todd's co-workers began to arrive. MP's were still there. Todd's commander arrived. Everyone was saddened by the news, but there to help Cindy cope with things. One concern bought up was the welfare of the family. It is standard procedure at a time like that to make sure that the family is taken care of. It is usual and customary for finances to be discussed because it's important to make sure the family can afford the basic needs, especially with children.

Cindy felt another wave of panic as a whole new fear came over her. How would she take care of the children by herself? Her job didn't pay well. She depended on Todd for so much. She realized there was only a couple hundred dollars in the couple's checking account and that wouldn't last long. When discussing the situation, she was worried about Todd's re-enlistment bonus. She might be alright for a while if she didn't have to give that up.

In the days and weeks that followed Todd's death, Cindy began a downward spiral. Even one of the military officers who had assisted the night Todd died began to worry about Cindy. She was afraid of being alone and wanted to be surrounded by people all the time. There were a few reports of get-togethers that turned into parties and some noise complaints. According to former US Marine Corps Military Police officer Thomas Streckfuss, Cindy was going downhill quick. She wasn't coping well at all. She even started dating other Marines as if she could replace Todd.  The drinking was becoming a habit, and she was losing control of her life.

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Questionable Lab Results:

In March of 2003, the Armed Forces Institute of Pathology (AFIP) Environmental Lab received tissue samples taken from Todd Sommer during the autopsy following his unexpected death.  This was the first time the AFIP lab technician had ever performed this type of testing.   The results were questioned during the trial.  National Medical Services Lab (NMS), an independent and accredited forensic lab in Pennsylvania that performed the retesting at the request of both the prosecution and defense attorneys, testified that the results were not reliable.  Another defense expert testified Todd did not die from arsenic poisoning.  

After Todd's autopsy in 2002, the death was ruled “cardiac arrhythmia with unknown etiology”.  Many experts believe this is still correct. The medication Levaquin, which Todd had been prescribed for food poisoning and gastroenteritis, is known to cause cardiac arrhythmia.  Also, it's believed that the sports drink that Todd was drinking a lot of during his illness contained the ingredient, Ephedra, which is also known to cause cardiac arrhythmia.  Even without Ephedra, sports drinks do contain supplemental potassium.  Excess potassium in the absence of a specific need for this supplement can cause a cardiac arrhythmia. 

Ephedra was popular among military members who used it as an energy boost and it was in the news in 2002 because it was blamed for many illnesses and some deaths. Todd was on float several times in his career. The so-called “Coast Guard Cocktail” was a mix of Ephedrine and Promethazine and was used to treat motion sickness. Many military members had a habit of using this to keep their energy levels up. It makes sense that Todd may have chosen Ephedra, along with his sports drinks to prevent dehydration and combat the fatigue that accompanied his symptoms. The medications he was on and the sports drink seem the likely culprits for the sudden death of this otherwise healthy Marine.

During the autopsy, the Medical Examiner (ME) obtained samples from Todd's liver, kidney, heart, brain, blood, urine, bile, and gastrointestinal fluids.  The samples were frozen and saved, which is standard procedure in cases of sudden deaths.  Over a year later, only the liver, kidney and blood samples were sent to AFIP for heavy metals testing.  The samples were received by the AFIP Environmental Lab on March 21, 2003.  The ME found no damaged tissues in Todd’s body.  He documented that the heart was morphologically normal.  He ruled this death as caused by a cardiac arrhythmia.

AFIP Environmental did not have experience with this sophisticated type of testing. The lab was in the process of going online with a new ICPMS machine, and the technicians would be doing these tests for the first time. The first test was performed on April 9, 2003 to test for mercury. The second set of tests was completed on April 22, 2003 for various heavy metals. It was on this test result that an unusually high level of what was believed to be arsenic was found. A third test was done on May 3, 2003, again for arsenic. This test also revealed high levels of what was believed to be arsenic, though it did not yield the same results as the initial test. These tests were done on the liver and kidney samples.

Later testing on the blood and all other samples taken from Todd would be negative for abnormal levels of any heavy metals.

It wasn't until 2005 that the lab was able to do speciation of the tissue samples.  Even they were concerned when they discovered that the species was 100% DMA. DMA itself is not arsenic. It is a byproduct of arsenic. In cases of arsenic poisoning, the body metabolizes arsenic into byproducts, MMA and DMA, being two of them. DMA is the organic form and less toxic than the inorganic form. These results do not make sense, not only because of the absence of MMA, but because there were extremely high levels of DMA, which were 1020 times the acceptable level in the liver and 230 times the normal level in the kidneys while all the other tissue samples were normal. It also did not make any sense that no abnormal levels were found in the blood or urine. It is impossible to have functioning kidneys that contain that much DMA without any elevated levels in the urine, which is how the body rids itself of DMA.

When Jose Centeno, Ph.D., AFIP, saw the results, he immediately suspected contamination. He emailed Dr. Glenn Wagner of the ME's office to inquire as to whether buffering agents were used to preserve the tissue samples upon collection. He was later told through a third party that no preservatives were used and he did not investigate further. Despite the unexplained 100% DMA and the fact that only two tissue samples were affected, Dr. Centeno dismissed the contamination theory and eventually the case went forward. Even though the in-lab chain of custody at AFIP was not complete and did not show what the inexperienced technicians had done to prepare and test the samples, Dr. Centeno was defensive of AFIP Lab.

While Dr. Centeno had very good reason to suspect contamination of those two tissue samples, he was not about to allow his lab to take the blame once the ME denied responsibility. With no records of who did what to the samples during the preparation and testing of the samples and no Standard Operating Procedure (SOP) in place at the time of testing, it would later be impossible for other experts to check the integrity of the results. It is critical that all steps tissue samples are taken through are carefully documented.  This documentation must include any chemicals used, records showing how long the samples were out of storage, and where they were during that time.

AFIP Forensic Labs, AFIP Environmental Lab's sister lab, is an accredited lab but did not get involved or support the environmental lab's findings.  AFIP Forensic Labs were not called to testify, nor were they mentioned at the trial.

When NMS, an independent and accredited forensic lab in Pennsylvania, was jointly hired by the prosecution and defense to re-test the samples a few years later, they found "disturbing" problems with AFIP’s materials - including calculation errors in the raw data; scientific controls that were absent or failing; data that lacked labels; entries in which numbers had been crossed out or obliterated and new numbers written in, but no initials, date or explanation as to why; and no records to show who had done what and to which sample. "It was impossible to follow", according to Elzbieta Bakowska, Ph. D, Technical Director of Elemental Analysis at NMS Labs.

Todd Sommer's symptoms did not support poisoning by arsenic. He did have symptoms that could have simply been food poisoning and/or gastroenteritis. He did not have any of the other symptoms normally seen with arsenic poisoning. Generally, a person is extremely and increasing ill, usually ending up in a hospital within a few days of the onset of symptoms.  Furthermore, Todd's organs showed no damage.  Ingestion of arsenic causes severe organ damage.

Dr. Alphonse Poklis is one of the nation's leading experts in this field and was originally contacted by the prosecution, but testified at Cindy's trial for the defense. Dr. Poklis said that Todd's improved health and the inconsistent arsenic levels in his tissues didn't add up to arsenic poisoning.

"Bottom line is this guy doesn't look that sick". He pointed out that before Todd died, he appeared to be getting better. He even took his family to Knott's Berry Farm and rode on a roller coaster the day before his death.

With supposed levels over 1,000 times normal in the liver, a person would be sick and laying in a hospital bed suffering from severe, progressive symptoms and organ failure. Arsenic poisoning is a violent and painful death. And if there was that much arsenic in a person's system, death would come quick. Todd Sommer was getting better and able to go to work.

During a visit to the acute care clinic a few days after becoming ill, blood tests were done and everything appeared to be normal. If he had ingested a massive dose of arsenic, the white blood cells would have been abnormal as the arsenic would immediately attack the blood and all the organs. His blood pressure should have been low, but instead it was slightly elevated.

The body does attempt to clear arsenic from the blood and organs right away, but this takes time. In studies, it shows that the blood is cleared to 50% in five days and that the 'cleaning' process continues for a couple weeks. In Todd's case, it is the highest level of supposed arsenic ever seen by the experts. Dr. Centeno himself said "I have never seen so high levels of arsenic". It makes no sense that a person could clean such a massive amount of arsenic from the blood and other organs in a shorter time than in previous cases where the dosage was much less.

A person does not ingest that much arsenic and have perfectly healthy, normal looking tissues 10 days later with abnormal levels only in two organs.

Dr. Poklis said at the trial that with such high levels in the liver and kidneys, the other tissue samples would show elevated levels and the organs at death would have appeared damaged. "You don't take a lethal does of arsenic and be a little bit sick and die", Dr. Poklis said. "It's a violent death. And when they're autopsied, there's organ damage, and there's huge amounts of arsenic everywhere."

Then there's the question of how a person could possibly metabolize that much arsenic into 100% DMA. The metabolic process actually slows in poisoning cases and studies show that it is slower in males than females. Dr. Centeno did not offer any theories regarding this, except "maybe Todd was able to metabolize it all to DMA."  Dr. Centeno also admitted in the 2005 email to Dr. Wagner that they did not have a good interpretation of the results.

DMA is also known as cacodylic acid.  Cacodylic acid is used in various processes and stored at AFIP Enviornmental laboratory.

Despite these highly questionable results, the death certificate was changed to list the cause of death as poisoning by arsenic and a murder investigation began.

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Problems with the NCIS Investigation:

Once the AFIP Lab results were accepted by Medical Examiner Glenn Wagner, the cause of death was changed from “Cardiac Arrhythmia” to “Poisoning by Arsenic” and the death certificate was amended.  Naval Criminal Investigative Service (NCIS) then stepped up their investigation.

A report by NCIS investigator Robert Terwilliger was completed on November 29, 2005, after 3 years of investigation into the death of Todd Sommer.  An arrest warrant was issued for Cynthia A. Sommer.

During the investigation that continued into the trial in January, 2007, the investigators were never able to connect Cynthia to the purchase of arsenic, or even an attempt to do so.

The investigation focused on Cynthia's behavior after Todd's death. They checked into web sites she visited, parties she held or attended and plastic surgery she underwent several months after Todd died.

Despite the fact the investigation turned up no evidence, Cindy was arrested, it seems because of her behavior and that she did not grieve in a manner deemed appropriate by some. Since she was the person closest to Todd, NCIS decided it had to be her.  Investigators pointed to the SGLI policy that every service member has as the motive.  

NCIS agents worked diligently to discover proof that Cynthia purchased arsenic. Several agents did find places to purchase arsenic, but found they could not purchase any without leaving a paper trail. They examined Cynthia's credit card statements and spending history, but did not find any indication she dealt with companies that sell arsenic or any forms of arsenic. There were no witnesses to say she ever talked about arsenic.

By all accounts, Cindy and Todd’s marriage was a happy and loving relationship.

The agents quickly focused on Cindy’s behavior after Todd’s death. They learned that she had surgery for breast augmentation, had a few sexual relationships, held some loud parties at her house and went on a party trip to Tijuana with some friends. To the investigators, this behavior indicated guilt because she did not appear to grieve in a manner they thought was appropriate. They also looked at Cynthia and Todd’s financial state. The couple seemed to live beyond their means and neither handled money responsibly.

Cynthia was reported to be fully cooperative with investigators. She was questioned about the details of Todd’s illness and what happened on the night he died. Her account was later supported by the reports from the clinic, the EMS personnel and 911 dispatch records. She had allowed investigators into the home on Miramar the day after Todd died to investigate and impound some items, which included medicine bottles and a vacuum cleaner pamphlet that Todd had laid on when he collapsed.

When NCIS agents interviewed Cynthia in 2005 in Florida, she again was cooperative. She seemed shocked to learn that the tests done on Todd’s tissues had apparently been positive for arsenic. The interview was said to have been taped, however, NCIS agents later claimed that the tape recorder had malfunctioned.

The three NCIS agents met later on at a hotel to put the report together from memory. There were a few inconsistencies. One agent recalled Cynthia telling him that Todd was indeed in Yuma (El Centro) on February 8, the day he became ill. Another thought she told him that Todd was with her at a doctor appointment on February 8. Later, the agent testified that Cynthia told them that Todd accompanied her to a consultation appointment two months prior to his death.

Cynthia was asked whether the computer she had at that time was the same one she had in California. She had no idea why they were asking, and told them that it was. She had purchased a new computer prior to moving to Florida from San Diego, and had passed her old computer on to her daughter.  In fact, one of Cindy’s friends, who was also an MP, reformatted the old computer for Cindy so it would be more up-to-date for her daughter.  

There was never any indication that Cynthia was anything less than honest with investigators.

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The Trial - January, 2007:

In lieu of any real evidence, Prosecutor Gunn offered theories that were never proven. The case she presented focused largely on Cynthia's behavior after her husband's death. She presented over 60 witnesses, most there to testify as to Cynthia's financial matters, some partying she did with friends, her plastic surgery and the opinion that she did not act like the typical grieving widow. Some witnesses were called from AFIP Environmental Lab to testify regarding testing procedures done on Todd's tissue samples more than a year after his death. AFIP testified they found high levels of what they believed to be arsenic in two tissue samples. 

Also presented were theories about an old missing computer, which Gunn speculated might have contained evidence of arsenic research.  Though the computer was noted by NCIS when seven agents were at Todd and Cindy's home the day after Todd died, not one of the agents thought to take the computer or to clone the hard drive.  Gunn introduced other speculative theories, such as claiming that Cynthia was inspired by an old television show, “Melrose Place”, which she had watched years ago.  Gunn pointed out that there were several plots involving poisoning of a spouse. 

The defense called in experts who testified there were serious problems with the testing procedures at the AFIP lab, as well as the conflicting results, which made the data unacceptable. One of the top arsenic experts in the country testified it was not arsenic poisoning that killed Todd Sommer.  

The case against Cynthia Sommer relied heavily on her behavior following the death of her husband. With no evidence tying Cynthia to arsenic in any way, San Diego Deputy DA Laura Gunn chose to focus on Cindy's behavior to convince the jury that Cindy was not the typical grieving widow. After putting on witnesses who talked about Cynthia's partying, plastic surgery and relationships with three men in the months following Todd's death, Gunn said in her closing argument that someone who behaves that way "is not somebody who's grieving. This is somebody who's celebrating."

Despite her behavior, Cindy’s friends insisted that she was indeed grieving. They testified that they were worried about her.  By all accounts, it appears that Cindy and Todd’s marriage was a good, loving relationship.

Laura Gunn told the jury that it had to be Cindy who dosed Todd with poison because, “She was the only one close to him at that time.”  This left people wondering which day she was referring to, since it had not been established if or when Todd was dosed.

One medical expert testified that Todd was probably dosed on February 8 or 9 because Todd first went to the clinic on February 10. Another expert stated that Todd was dosed 3 to 6 days before his death, but then later stated it was probably on February 8.  Dr. Spencer, AFIP, testified that because of the high levels in the liver sample, Todd had to have been dosed just hours before his death. None of the experts could agree on the amount of arsenic or when it might have been ingested. Most researchers suggest that it would have to have been within hours to end up with such a high level.

Laura Gunn stated that Cynthia poisoned Todd the evening of February 8, because he awoke several hours later feeling ill. At other times, she seemed to claim he was poisoned on the February 18, where he again woke up in the middle of the night before collapsing. She seemed to be going on the theory that the first symptoms would show up anywhere from 30 minutes to a few hours after ingestion.

Medical records show Todd told doctors at the clinic he visited 2 days after becoming sick that his gastrointestinal troubles started only 2 hours after he and other Marines stopped at a gas station in El Centro where he ate two egg rolls and a bag of chips. This contradicted Laura Gunn's theory that Cynthia poisoned him the evening of February 8, 2002, after she arrived home from work. The first Cynthia knew of Todd's symptoms was when Todd awoke in the wee hours February 9, and told his wife that he wasn't feeling well and got up to take a shower.

Defense experts told the jury that it didn’t make sense that Todd was poisoned February 8, or he would had died within a few days following a progressive and debilitating illness which would have likely ended with him on life support. The clinic lab test results also do not indicate Todd being dosed on the night of his death.

If Todd Sommer had been dosed with enough arsenic to end up with over 1,000 times the normal level in his liver on either date, death would have come quickly with such a massive dose. His body would not have had time to metabolize the arsenic and there would have been high levels throughout his body. The tests show only two tissue samples, the liver and the kidney, with high levels of DMA while all the other tissue samples showed normal levels.

Some experts stated that two and a half ant traps could be a lethal dose. Laura Gunn told the jury that Cynthia could have killed Todd with less than $10 worth of ant traps from the base store. However, this didn't add up because the extremely high level claimed to be in Todd's liver sample would have required hundreds of dollars worth of ant traps or ant spikes. The amount of arsenic in Grant's Ant Traps is .46 and the rest is filler. You cannot separate the arsenic from the filler, so a person would have to ingest the whole ant traps. The other possibility Laura Gunn proposed was weed killer. Again, considering the amount of arsenic and the amount needed to reach such high levels, it would take roughly half a jug. Both the ant traps and the weed killer would be horrible tasting and malodorous. It would be impossible to trick someone into ingesting even a single dose. Neither theory is plausible.

It was 100% DMA, not arsenic, found in the two tissue samples.  DMA is the organic byproduct of arsenic. NCIS agent Robert Terwilliger testified that he found online businesses who sell arsenic in different forms, however purchasing it would leave a paper trail. He stated that he could buy DMA in liquid form for about $80.  100% DMA has a very distinctive, unpleasant odor and would burn the throat of anyone who ingests it.  Todd never reported a sore throat on any of his clinic visits.  Also, DMA is less toxic than arsenic trioxide and would take several times the dose to be lethal.

The 100% DMA found in the tissue samples means that the odorless, tasteless, colorless arsenic powder could not have been used.  The person would die quickly and the body would not have enough time to metabolize a massive amount before death would occur.

Defense experts testified that lab contamination was the most likely explanation for the AFIP test results.

Laura Gunn had nothing to support her claims, even after several years of intense investigation.  She offered the theory that Cynthia had researched arsenic on an old computer that she had since gotten rid of.  The computer was never recovered, yet was mentioned a number of times during trial and put forth as circumstantial evidence.  Gunn attempted to back this up with the theory that Cynthia got the idea of poisoning her husband by watching an the television program "Melrose Place".  NCIS Investigators actually contacted the show’s producers to inquire about plots on the show.

Susan Beach, the woman called to baby-sit at the Sommer home the night Todd died, believed that she had been called before 911 and testified that she was the first to arrive at the home that night.  We know by the phone records this is not true. 

Through the witness Susan Beach, Laura Gunn put forth the notion that Cynthia delayed the 911 call until after Todd was dead.   In her testimony for the prosecution, Beach told the jury, “I noticed that the ambulance and the MP's hadn't arrived yet.”  This statement directly conflicts with the telephone records.

Beach claimed to have seen two wine glasses sitting on a dresser or shelf in the master bedroom.  The glasses were not seen by the MP's who were at the scene.  Beach later posted on a message forum that it hadn't dawned on her that Cindy might have called her first and she was angry that the investigators had "put that in my head" (that Cindy had called her first, along with other things about which she did not elaborate) prior to her testimony. 

Beach wrote on the message board that she asked Laura Gunn about phone records before she came to court to testify.   On January 29, the day before the verdict, she wrote "It is just a horrible feeling to know that a woman's future is at stake. If the jury is mislead in anyway with my testimony, I want to know."  The records from the EMS and phone records support Cynthia's account of events and prove Beach was wrong.  In all likelihood, Gunn knew Beach was going to testify to something that was incorrect.

Robert Udell did not cross-examine this witness.  In his closing argument, he said "Susie Beach is how innocent people wind up on death row."

In the defense phase, Robert Udell called in expert witnesses to testify that it wasn't arsenic that killed Todd Sommer.  Alphonse Poklis, Ph.D., Professor of Pathology Director of Toxicology, Department of Pathology Virginia Commonwealth University, one of the leading arsenic experts in the country, stated that neither Todd's symptoms nor the results of the autopsy and subsequent heavy metals tests supported poisoning.  Lab contamination seemed the only logical explanation. 

Dr. Poklis was initially contacted by the prosecution.  The defense learned of this prior to trial and called Dr. Poklis to testify.  In testimony given in the absence of the jury, Dr. Poklis joked to defense attorney Udell, "Obviously I'm being called back because you like what I said more than NCIS did."  Laura Gunn objected to the remark.  Dr. Poklis looked at the judge and said, "I wouldn't say that in front of the jury."

In her closing argument, Laura Gunn showed the jury a chart showing arsenic levels in Todd's tissue samples.  The chart was misleading because on it she incorporated two separate values, ppm (parts per million) and ppb (parts per billion).  Only the liver and kidney samples had DMA in ppm, while the other tissues had normal levels in ppb.

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Who is the Judge of Our Grieving?

In an interview with 20/20, Columbia University assistant professor of psychology and education George Bonanno, Ph. D, a grief and bereavement expert, stated Cindy's behavior could be a form of "ugly coping", which is generally an unhealthy and socially unacceptable way of getting through an undesirable event.  

Dr. Bonanno stated that "Bereaved people, as a group, are more likely to engage in sexual risk behavior."  He added, "The defendant did this with unusual rapidity, which raises eyebrows, but it isn't illogical to me and it doesn't seem like it's so aberrant." He also stated there is no research to back up the prosecutor's claim that Cindy's immediate money concerns indicate a lack of appropriate grief.

Studies have shown that many people experience financial worries after the death of a spouse.  "People often become confused or irrational and they are not thinking clearly after a loss, so their worries can get the best of them." he said.

While Dr. Bonanno did not testify at the trial, he made these observations after looking at Cynthia’s behavior.  No behavior experts or bereavement counselors were called as witnesses during Cindy’s trial. 

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