Cynthia Sommer never received a settlement. Her $20 million lawsuit against the federal government was dismissed on December 5, 2013, when a U.S. district judge rejected every one of her claims and found the United States was not negligent in the investigation that put her in jail for roughly two years and four months.1NBC San Diego. Cynthia Sommer Lawsuit Against Federal Government Dismissed No public record indicates she appealed or received compensation from any federal source.
Why She Sued
Sommer was convicted in January 2007 of first-degree murder in the death of her husband, Marine Sgt. Todd Sommer, and sentenced to life in prison.2East Bay Times. Woman Convicted of Poisoning Her Husband for Life Insurance The case rested on a military laboratory’s finding of extreme arsenic levels in preserved tissue samples, combined with evidence about her lifestyle after Todd’s death.3CBS News. Woman Cleared of Poisoning Marine Husband
A judge granted her a new trial ten months later, citing ineffective assistance of counsel. New testing at the Quebec Toxicology Center on 31 previously untested tissue samples found no arsenic at all, and a government-retained expert called the original results “physiologically improbable.”3CBS News. Woman Cleared of Poisoning Marine Husband4Science History Institute. Prefiguring the Arsenic Wars San Diego County District Attorney Bonnie Dumanis moved to dismiss all charges on April 17, 2008, and Sommer walked out of jail that night after 876 days.5NBC News. Charges Dismissed Against Marine Widow6CBS News. An Invisible Enemy
What the Lawsuit Claimed
In September 2009, Sommer filed Sommer v. United States (No. 3:09-cv-02093) in the U.S. District Court for the Southern District of California, seeking $20 million. The defendants included NCIS agents, prosecutors, District Attorney Bonnie Dumanis, and various medical examiners.7CourtListener. Sommer v. United States, 3:09-cv-020938Courthouse News Service. Military Widow Sues Navy Over Accusation
Her complaint alleged that NCIS agents had falsified evidence, negligently investigated the case because they disapproved of her “partying lifestyle,” improperly arrested her, withheld exculpatory evidence, and committed abuse of process. She also brought a claim for intentional infliction of emotional distress and asked the court to order Todd’s death certificate amended to list natural causes rather than homicide.9U.S. Department of Justice. Judge Throws Out Lawsuit of Cynthia Sommers, Finds United States Was Not Negligent8Courthouse News Service. Military Widow Sues Navy Over Accusation
Why the Judge Threw It Out
U.S. District Judge Cathy Ann Bencivengo dismissed the case on December 5, 2013, and rejected each claim on the merits. She found the evidence “does not support plaintiff’s theory that NCIS agents fabricated evidence or knowingly withheld evidence…because they wanted to punish her for her lifestyle choices.”10Los Angeles Times. Widow’s Lawsuit Over Lifestyle Dismissed
On the forensic side, the judge ruled that scientists at the Armed Forces Institute of Pathology were “well qualified,” followed “standard procedures,” and met the “standard of care for producing reliable test results.” The court found “no evidence of contamination that the AFIP ignored” and rejected the argument that the lab should have run additional testing to rule contamination out. The abuse of process claim fell along with the rest.9U.S. Department of Justice. Judge Throws Out Lawsuit of Cynthia Sommers, Finds United States Was Not Negligent1NBC San Diego. Cynthia Sommer Lawsuit Against Federal Government Dismissed
The practical effect: because the court found the government had not acted wrongfully, there was no basis for damages, and no settlement was ever paid.
The California Wrongful Conviction Claim She Doesn’t Appear to Have Filed
A separate compensation route exists under California law. Penal Code Section 4900 lets a person whose conviction has been overturned file a claim with the California Victim Compensation Board for up to $140 per day of wrongful incarceration, with a filing window of 10 years from the dismissal or release.11California Victim Compensation Board. Erroneous Conviction Claims
Available reporting on Sommer’s case does not mention her pursuing a Section 4900 claim, and whether she was eligible is not established in the public record. One complication is that the charges were dismissed without prejudice, leaving the District Attorney technically free to refile, and Todd Sommer’s death remained officially classified as a homicide.6CBS News. An Invisible Enemy
After her release, Sommer moved to Michigan, remarried, and, through her attorney, said she wanted to stay out of the public eye.12San Diego Union-Tribune. Marine Wife Wrongfully Convicted of Poisoning Husband, Partying On the available record, she left the litigation behind without any payment from the government that prosecuted her.