Another Black Eye For Justice
Dec 3rd, 2007 by Mark
Cynthia Sommer has been granted a new trial based up "Ineffectual Counsel".This rarely happens; and says much about the failure of the prosecution, more so than the defense. Cynthia Sommer will stay in jail till her new trial. On December 12 the court will hear motions, and possibly set a date.
Attorney Robert Udell testified that he made seveal errors in the defense of Cynthia Sommer. Amazing in and of itself. Putting himself at risk — possibly losing his license — he took the blame for the verdict.
“I haven’t slept since Feb. 1, not without the aid of something,” said Florida lawyer Robert Udell.
In an unusual move, San Diego Superior Court Judge Peter C. Deddeh granted Sommer a new trial and set aside the verdict on the basis of ineffective assistance of counsel.
Udell said his mistakes came from an abiding belief in Sommer’s innocence. “I lost a dead-bang winner,” he said. “No matter whose fault it was, it was on my watch.”
Not sure what to make of that last statement. Is it a lawyer still defending his client by falling on his sword? Or is it a heartfelt statement of remorse?
Fact remains the case was weak, and the prosecution was malicious IMO. Even the Judge — who also heard the motion for a new trial — admits that he and Udell made mistakes. They also point out the weakness of the case, which to me points out the failure of the prosecution to do it’s job. You have to wonder what the prosecution was thinking when they decided to pursue this case.
No matter how this turns out, this is another black eye for justice in San Diego. Even if she is convicted again, it really looks bad.
- You can read Cynthia’s family’s version here.
- KUSI has video here.
- San Diego UT story
- Court TV coverage here
Previously on the Island
- Thad Jesperson Conviction Overturned - oh yea, it’s a San Diego Case
- Another Miscarriage of Justice - yep San Diego again
- SD pays for G-String screw up - more "awesome" lawyer-ing in SD
- The all things Mike Aguirre - leader of the pack
Technorati Tags: News, San Diego, Cynthia sommer, Trial, Ineffective counsel, Ineffectual counsel, Law, Justice
[...] Another Blackeye for Justice [...]
[...] My first post on this story — with links to other screwups by the Dumanis dimwits. [...]
Cynthia Sommer - Finally Free
SAN DIEGO, CA, April 17, 2008 - Cynthia Sommer, who was once convicted of killing her Marine husband with arsenic, was cleared Thursday after new tests showed no traces of any poison.
Todd Sommer was not murdered, yet his widow spent 869 days in jail for a crime that never happened.
WHAT SHOULD NOT BE FORGOTTEN is that this case is still not over. The District Attorney has stated that she still wants to leave the case in such a manner that she could re-charge Cindy at some point in the future!
Cindy and her attorney, Allen Bloom, want this case fully dismissed - with prejudice - as soon as possible. Towards that end, a hearing has been set in the Superior Court of San Diego County to determine if the case should be dismissed once and for all time.
This hearing - currently scheduled for July 18, 2008 - will present extensive evidence as to why Cindy’s case should, because of the evidence in the case and the improper conduct of the District Attorney, be dismissed once and for all.
DA Bonnie Dumanis and her hand-puppet Laura Gunn should be ashamed of themselves!
People of San Diego County - be afraid, be very afraid.
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Cynthia Sommer - the Long Road Back to Freedom:
http://www.FreeCynthia.com/
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[...] Sommer was convicted in 2007, and then has the charges dismissed when the DA’s office finally figured out their evidence was flawed. This came after Sommer was granted a new trial for ‘ineffectual counsel.’ [...]