Cynthia Sommer’s Arrest
Cynthia was arrested and charged with first-degree murder for financial gain and murder by poison in November 2005. NCIS agent Rob Terwilliger said in a court statement that the widow was the only suspect with the motive or access to kill Todd.
In January 2007, a jury convicted Cynthia of poisoning her husband, and she faced a sentence of life in prison without parole. Prosecutor Laura Gunn admitted in a post-trial news conference that it was “not the kind of case where there was one big smoking gun” in the form of direct evidence, per the Union-Tribune. Still, Gunn felt “pleased the jury saw it the way we saw it.”
‘Didn’t Make Any Sense’
As the prosecutors saw it, Cynthia had killed her husband to collect his life insurance policy and survivor benefits in order to live the sort of life she’d dreamed of. But after her conviction, Cynthia retained a new attorney who pushed for a new trial in light of questions raised over the AFIP’s lab results that pegged Todd’s death to arsenic poisoning.
As noted by the National Registry of Exonerations (NRE), NCIS investigators had consulted with Alphonse Poklis, a board-certified forensic toxicologist and arsenic poisoning expert, in October 2003. Poklis told investigators that the AFIP results finding elevated levels of arsenic “didn’t make any sense” and were “false.”
Poklis also testified on behalf of the defense in Cynthia’s trial. He said that of the six samples tested by AFIP, only two indicated a high level of arsenic, while the other four—as well as blood and urine samples—all tested negative for the chemical, indicating that the arsenic-positive samples were likely contaminated. Additionally, Poklis argued that Todd’s medical records did not indicate he was particularly sick in the days leading up to his death, which was also inconsistent with arsenic poisoning.
Todd was feeling ill and had gone to a medical clinic where he was diagnosed with gastroenteritis on February 10, 2002—about a week before his death. He went back to work from February 13 through February 15. On February 16, Todd was feeling well enough to ride a Knotts Berry Farm roller coaster with his family.
A Second Chance
In November 2007, before Cynthia was sentenced, San Diego Superior Court Judge Peter Deddeh vacated Cynthia’s conviction. Deddeh granted her a new trial after ruling that Cynthia had received ineffective representation by her previous attorney, who had allowed evidence concerning her behavior after her husband’s death to enter into the case. A new round of testing on samples from Todd’s body found no evidence of arsenic poisoning in March 2008.
The next month, prosecutors requested that the court dismiss the charges against Cynthia due to the new testing; she was released from custody after more than two years behind bars.
“I knew that eventually—one way or another, that I would be free,” Cynthia told NBC News after her 2008 release. “...You can’t lose hope, and you can’t stop fighting.”
‘False and Fabricated’
Cynthia sought compensation from the State of California under Penal Code Section 4900, but her claim was denied in August 2009. The next month, Cynthia filed a $20 million lawsuit against the federal government, NCIS agents, the San Diego District Attorney and others alleging that prosecutors and investigators had “violated her civil rights by investigating, arresting and charging her with murder despite knowing or having reason to know that the evidence against her was false and fabricated.”
Four years later, Cynthia’s lawsuit was dismissed. “The evidence does not support plaintiff’s theory that NCIS agents fabricated evidence or knowingly withheld evidence that they understood to be exculpatory,” U.S. District Judge Cathy Ann Bencivengo wrote in her ruling “There is no evidence showing NCIS willfully acted in a wrongful manner.”