Court Will Consider Blocking New Charges Against Widow

SAN DIEGO (AP) - A San Diego judge says he will hear a widow's
request that the court block prosecutors from refiling murder charges against her in the death of her Marine husband.

Cynthia Sommer spent more than two years in jail on charges that
she poisoned the 23-year-old sergeant with arsenic and used his
life insurance for breast-enlargement surgery.

The 34-year-old was cleared of all charges in April after new tests showed no trace of arsenic in her husband's preserved tissues.

Prosecutors say they don't want to rule out future charges if new evidence is found.

At Friday's hearing, Superior Court Judge John S. Einhorn found Sommer has the right to ask for her case to be dismissed with prejudice and set a July 18 hearing.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

AP-NY-05-30-08 1423EDT

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