Judges tosses suit of wife cleared in Marine death - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Judges tosses suit of wife cleared in Marine death

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SAN DIEGO (AP) — A federal judge has dismissed a $20 million lawsuit against government officials brought by a woman who was cleared of murdering her Marine husband.

The judge said Thursday evidence doesn't support Cynthia Sommer's claims that Naval Criminal Investigative Service agents fabricated or knowingly withheld evidence in Todd Sommer's 2002 death.

Sommer, a mother of four, was charged in 2006 with poisoning the 23-year-old Marine to get death benefits. She was convicted in 2007 but the trial judge overturned the verdict, ruling that prosecutors' descriptions of her partying lifestyle prevented a fair trial.

Tissue samples were retested before a planned retrial and no poison was found. Prosecutors dismissed the case.

Allen Bloom, a lawyer who represented Sommer after her conviction, tells U-T San Diego says her ordeal remains an "enormous injustice."

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