Cynthia Sommer will be back in a court room this September, but this time she will not be on center stage.
A San Diego judge gave approval for lawyers of Sommer, who was cleared of murdering her husband, to call witnesses to testify about flaws in the original tests prosecutors used to demonstrate how the Marine was poisoned with arsenic.
Sommer spent more than two years in jail, charged with killing the 23-year-old to obtain his military death benefit. The government, however, dropped its case in April when new tests showed no trace of arsenic in Todd Sommer's preserved tissues.
Attorney Allen Bloom argues the absence of poison proves no crime was committed. He wants any future charges blocked. Prosecutors, however, report they don't want to rule out re-charging Sommer if new evidence is discovered.
Sgt. Todd Sommer died in February of 2002 in the couple's Miramar residence. Cynthia Sommer was arrested and charged with his murder in late 2005.
For more information on Cynthia Sommer's case, visit www.freecynthia.com .