Uncensored Justice System Discussion

kanzz · Joined: 13 Dec 2007 Posts: 4

Prosecutors in Sommer case move to leave options open
http://www.signonsandiego.com/news/metro/20080516-1133-bn16sommer.html

By Ray Huard
UNION-TRIBUNE STAFF WRITER
11:33 a.m. May 16, 2008

excerpt:
SAN DIEGO – A new twist was added to the court case against Cynthia Sommer on Friday when prosecutors told a judge he doesn't have the right to tell them if they can ever again file murder charges against Sommer in connection with the death of her Marine husband.

Deputy District Attorney Laura Gunn told Superior Court Judge John S. Einhorn that the court “has no authority” to hear motions by Sommer's lawyer that would effectively bar prosecutors from refiling murder charges against Sommer.

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Marine Widow Wants Charges Dropped Permanently
http://www.cbs8.com/stories/story.128343.html

Marine widow Cynthia Sommer was back in court today, and it looks like the D.A.'s office isn't giving up the case without a fight.

Prosecutors told the court they plan to challenge the judge's authority to permanently dismiss murder charges against Sommer.

The D.A. dropped the case against Sommer a month ago, but prosecutors want the option of re-filing.

Sommer spent two and a half years in jail before tests on new tissue samples proved she did not poison her husband with arsenic.

"I don't know why they're pushing so hard to save face and just not admitting this was wrong and we're sorry," Sommer said.

The defense is asking for an order that murder charges can never be re-filed.

Both sides will be back in court on May 30.

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Prosecutor: Judge Lacks Power to Dismiss Case Against Ex-Murder Defendant
http://www.fox6.com/news/local/story.aspx?content_id=cb7f5cee-697e-4f4a-b65f-8d0553d3911f&rss=tick

excerpt:
Raising the possibility that criminal charges could resurface, a prosecutor argued Friday that the judge who dismissed the case against a woman accused of poisoning her Marine husband does not have the power to dismiss the case "with prejudice," which would prevent the charges from ever being filed again.

Bloom said he filed a motion 10 days ago asking the District Attorney's Office to turn over all communications in the case, but prosecutors have denied his request.

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Marine Widow To DA: 'Back Down'
http://www.nbcsandiego.com/news/16299955/detail.html

excerpt:
Tanney said prosecutors have never agreed that Sommer is innocent. The judge set a hearing on the matter for May 30.

Sommer, the mother of four, vowed to continue fighting to save her name.

"It seems to me that the more they fight, the stronger we'll fight. So, I won't back down."

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JUSTICE1st · Joined: 13 Dec 2007 Posts: 715 Location: USA

JUSTICE1st · Joined: 13 Dec 2007 Posts: 715 Location: USA

On second thought, Kanzz, I think YOU should do the honors in issuing a well-deserved CONTEMPT CITATION to these two sore losers in the San Diego DA's office. You brought us the story, you get to issue the citation.

See the "Open Discussion" area for details on the procedure. Start with the "Hold 'em in contempt!" thread for the explanation of why we started doing this, and then put your citation in the "Dumbest Law Enforcement Official" category.

J Cool

_________________
"We must remember, always, that accusation is not proof, and conviction depends on evidence and due process of law."
EDWARD R. MURROW, 1954

kanzz · Joined: 13 Dec 2007 Posts: 4