Woman’s murder charges still loom

A judge Friday refused to rule that prosecutors can never refile murder charges against a woman whose conviction for allegedly poisoning her Marine husband was dismissed when new forensic evidence failed to find poison in his body.

In April, Superior Court Judge John Einhorn granted a request by the district attorney to set aside the conviction of Cynthia Sommer in the 2002 death of her husband, Sgt. Todd Sommer.

But prosecutors declined to recommend that the dismissal be made “with prejudice,” meaning the charges could never be refiled.

Sommer’s attorney, Allen Bloom, has asked Einhorn to make such a ruling. But Einhorn said Friday he wants to wait until the issue is considered by the California Supreme Court.