Trace of Suspicion - Ep. 6: Reversal of Fortune

Summary

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Dateline Originals: Trace of Suspicion – Ep. 6: “Reversal of Fortune”

Release Date: May 22, 2026
Host: Josh Mankiewicz (Narrator), guests include attorney Alan Bloom and others

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Overview

The gripping conclusion to Dateline’s mini-series “Trace of Suspicion” dives into the jaw-dropping reversal of Cindy Sommer’s murder conviction. This episode chronicles the unraveling of the prosecution’s case in light of dramatic new evidence, explores accusations of prosecutorial misconduct, and examines the long-term impact on Sommer’s life and the justice system itself. Through first-person interviews, legal drama, and forensic intrigue, it asks if justice was truly served—or only narrowly escaped.

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Key Points & Discussion

1. The Conviction Overturned: An Unusual Day in Jail

• [00:48] A routine prisoner transport turns celebratory after word spreads that Cindy Sommer’s conviction has been overturned; she’s granted a new trial.
• [01:37] Defense attorney Alan Bloom reflects:

  “It was a long shot. It was like going through a mouse hole with the Mack truck.” (Alan Bloom, 01:37)

• Sommer is back to being “innocent until proven guilty,” feeling both hope and disbelief at her sudden change in fortune.

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2. How the Prosecution’s Case Fell Apart

• [02:57] New evidence discredits the original claim that Todd Sommer died of arsenic poisoning.
• [03:04] Scrutiny falls on prosecutors, with allegations they intentionally hid evidence.

  “The district attorney knew all along that this evidence existed and intentionally told the defense that it didn't exist because it was willing to try to win before trying to do justice.” (Bob Udell, 03:08)

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3. The Key Evidence: Tissue Samples and Lab Testing

• [04:21] The defense pokes holes in the scientific credibility of the original lab results:

  “They came up with results to show arsenic in amounts that has never, ever been able to be found in the history of arsenical testing before.” (Bob Udell, 04:21)

• [05:17] Samples were possibly contaminated. Other experts refuse to confirm the military lab’s results.
• Second set of tissue samples, critical to the case, are discovered after being declared “lost” by prosecutor Laura Gunn.

  “She said: They don’t exist. No tissues exist.” (Bob Udell, 07:08)

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4. Drama as Case Collapses

• [09:11] Alan Bloom is notified of an urgent hearing while out golfing—a rush ensues:

  “I get a call from the court clerk saying that the judge is going to conduct a hearing in 30 minutes to dismiss the case. Do I want to be present? Yeah, I think I want to be present.” (Bob Udell, 09:11)

• [10:10] The prosecution announces inability to prove the case; judge dismisses it.
• The Canadian lab found no arsenic in any retested tissues from Todd Sommer.

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5. Aftermath: Freedom and Frustration

• [11:56] Sommer learns of her release only after a media frenzy at the jail.

  “I'm still in shock. I really cannot believe that I'm standing outside of the jail right now. I knew all along that the testing was wrong.” (Cindy Sommer/Alan Bloom, 13:10)

• [14:13] Celebratory plans stymied by a lack of ID; a surreal bar encounter as Cindy appears on TV just outside.

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6. DA’s Response and Defense Attorney’s Outrage

• [15:24] DA Bonnie Dumanis maintains the process was correct:

  “In my opinion, everything was done the way it's supposed to be done in a criminal case.” (Bonnie Dumanis, 15:24)

• [16:19] Alan Bloom disputes this:

  “No one should ever, ever let this go...the system worked in Cindy's case.” (Bob Udell, 16:19)

• [19:37] Dismissal is “without prejudice,” meaning charges could technically be refiled.

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7. Revelation of Withheld Evidence and Legal Battles

• Investigation reveals prosecutor Laura Gunn had known about exculpatory tissue samples for months but never informed the defense, contrary to Supreme Court precedent.

  “Absolutely kept them a secret. She, Gunn, is attempting to put Cindy Summer in prison for the rest of her life. Again, knowing that these tissues exist and she's covering it up...” (Bob Udell, 22:50)

• When confronted, Gunn claims she “forgot.”

  “She said, oh, I forgot. And it reminded me of Bart Simpson who gets his hand stuck in the cookie jar. I didn’t do it.” (Bob Udell, 25:15)

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8. Push for Exoneration and Civil Suits

• [24:27] Bloom files for complete exoneration based on “outrageous governmental conduct”—motion denied; appeals unsuccessful.
• [28:22] Cindy sues involved authorities for $20 million—lawsuit fails, with the DA, NCIS, and AFIP found not liable.

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9. Cindy’s New Life and Lasting Impact

• [35:02] Cindy has remarried, moved to the Midwest, gradually rebuilt life and relationships.
• [35:50] Reunited with her children after winning a custody battle:

  “My daughter's getting married in May. My oldest son got married end of October... I've got two grandchildren, some grand cats, grand dogs.” (Cindy Sommer/Alan Bloom, 36:10)

• Her younger son’s relationship is still complicated by the ordeal.
• The shadow remains: her late husband’s death certificate still lists “homicide,” and the DA’s office has never apologized.

  “No. The only thing that was ever said was after my release, Bonnie Dumanis said that justice was served. I think her idea of justice and mine are two different things.” (Cindy Sommer/Alan Bloom, 37:19)

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10. Reflections on Justice

• [37:51] Cindy’s sense of exoneration remains incomplete due to the case’s “without prejudice” status, but she doubts it will ever be refiled given the evidence.
• The system’s failures, especially prosecutorial secrecy, haunt the attorneys and former defendant alike:

  “It shouldn't be a situation where let's see what we can get away with. And that's what happened in this case.” (Bob Udell, 16:34) “I don't need to prove to anyone that I'm innocent. Science just proved it.” (Cindy Sommer/Alan Bloom, 13:43)

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Notable Quotes & Memorable Moments

• On Getting Out:

  “I’m still in shock. I really cannot believe that I'm standing outside of the jail right now.” (Cindy Sommer/Alan Bloom, 13:10)

• On Prosecutorial Misconduct:

  “The district attorney knew all along that this evidence existed and intentionally told the defense that it didn't exist because it was willing to try to win before trying to do justice.” (Bob Udell, 03:08)

• On Systemic Failures:

  “No one should ever…let the word go out that the system worked in Cindy's case.” (Bob Udell, 16:19)

• On Life After Freedom:

  “I've got two grandchildren, some grand cats, grand dogs.” (Cindy Sommer/Alan Bloom, 36:11)

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Important Timestamps

• [00:48] – Prison bus jubilation: Cindy’s conviction overturned
• [03:08] – DA accused of hiding exculpatory evidence
• [07:55] – Defense learns paraffin samples exist
• [10:10] – Prosecution moves to dismiss, case falls apart
• [13:10] – Cindy’s reaction to sudden freedom
• [15:24] – DA defends office’s conduct; Bloom’s outrage
• [19:37] – “Without prejudice” contentious legal limbo
• [22:50] – Proof prosecutor knew about exculpatory evidence
• [25:15] – Prosecutor’s “forgot” defense and Bart Simpson analogy
• [36:10] – Cindy on regaining her family and treasured life moments
• [37:19] – No apology from authorities

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Tone & Takeaway

The participants, particularly Alan Bloom and Cindy Sommer, are emotional and bluntly honest—by turns celebratory, bitter, and sardonic. The episode’s tone oscillates between relief at Cindy’s release, anger over broken legal trust, and rueful reflection on a decade lost. Even as the story closes, unresolved pain and a sense of injustice linger. The case stands as a potent example of both the fallibility of the justice system and the resilience of its survivors.

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Transcript

[Alan Bloom]

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[Bob Udell]

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[Narrator (Josh Mankiewicz)]

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[Alan Bloom]

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[Narrator (Josh Mankiewicz)]

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[Alan Bloom]

There's a fire inside you you can't ignore. Stand still. Not a chance. You're a lifelong learner who's come this far. Now we are here to help you keep going further. Capella University.

[Narrator (Josh Mankiewicz)]

What can't you do?

[Alan Bloom]

Visit Capella Edu to learn more.

[Narrator (Josh Mankiewicz)]

A prisoner transport bus is not generally the happiest of places. Inmates shackled and chained to one another are either on their way to court or headed back to the slammer. It is almost always a commuter ride of misery. Except on the afternoon of November 30, 2007. The trip from the San Diego courthouse back to the Las Colinas Women's Detention center was positively joyous.

[Alan Bloom]

A lot better now. Yeah, a lot better.

[Narrator (Josh Mankiewicz)]

Word had spread. One of their own, inmate number 6400265, had just had her conviction overturned. Cindy Summer was getting a new trial.

[Alan Bloom]

It was a long shot. It was like going through a mouse hole with the Mack truck.

[Narrator (Josh Mankiewicz)]

So there had been a lot of smiles and high fives on the bus that day.

[Alan Bloom]

I'll be home soon.

[Narrator (Josh Mankiewicz)]

That morning, Cindy had been a convicted felon looking at a life sentence. Now, at least in the eyes of the law, she was once again innocent until proven guilty.

[Alan Bloom]

Ah, man, I've been innocent for the past two years.

[Narrator (Josh Mankiewicz)]

So innocent, perhaps, but far from free.

[Alan Bloom]

Man, it's hard. It's life right now, and there's nothing I can do about it right now.

[Narrator (Josh Mankiewicz)]

Back at the detention center, Cindy told her cellmate that judge's decision to toss her conviction had caught her by surprise.

[Alan Bloom]

I don't think it hit me until he said that I have the right to, you know, a trial within 60 days. It still seems like a dream sometimes.

[Narrator (Josh Mankiewicz)]

A dream, oh, yes, certainly, as compared to the nightmare she had been living.

[Alan Bloom]

And I'm like, what do you mean? All the media's up front for me? And they're like, well, what happened in your case? I'm like, I don't know.

[Narrator (Josh Mankiewicz)]

In this episode, you will hear how new evidence completely upended the prosecution's case.

[Alan Bloom]

What we did was take some of the evidence that we just discovered, by the way, existed and had that examined.

[Narrator (Josh Mankiewicz)]

You will hear how prosecutors themselves came under scrutiny.

[Bob Udell]

The district attorney knew all along that this evidence existed and intentionally told the defense that it didn't exist because it was willing to try to win before trying to do justice.

[Narrator (Josh Mankiewicz)]

And you will hear how Cindy Summer tried to balance the scales of justice.

[Alan Bloom]

You can't give my daughter's proms back getting her driver's license. You can't. You can't get any of that stuff back.

[Narrator (Josh Mankiewicz)]

I'm Josh Mankiewicz, and this is the final episode of Trace of Suspicion, a podcast from Dateline. Episode six, Reversal of Fortune. The judge's gavel echoed through the courtroom like a starter's gun, and defense attorney Alan Bloom knew he was now in a race against time. With Cindy Summers murder conviction overturned and a new trial scheduled to begin in six months, Bloom had a very long list of things that had to be done. Chief among them was to find ways to undercut and disprove the prosecution argument that Todd Summer had died from arsenic poisoning.

[Bob Udell]

They came up with results to show arsenic in amounts that has never, ever been able to be found in the history of arsenical testing before.

[Narrator (Josh Mankiewicz)]

As Bloom saw it, the testing done by the Armed Forces Institute of Pathology was riddled with problems. And back in 2003, whatever happened in the basement of that AFIP Cold War citadel had resulted in some kind of historic mistake.

[Bob Udell]

These are the people who test our water and rocks to see if there's arsenic. I don't think they've ever tested human tissues before. I know the chemist in this case said he had never done it using a machine that had never been done before.

[Narrator (Josh Mankiewicz)]

Without an established standard procedure for handling human tissues, the lawyer thought it possible those tissue samples could have been mishandled and perhaps contaminated in some way before the actual testing began.

[Bob Udell]

I don't know if they're contaminated. Contamination is one potential. It could be a number of different things. But I can tell you that the results that they found are aberrational.

[Narrator (Josh Mankiewicz)]

In fact, the findings were so extraordinary that when the district Attorney's office asked other experts to validate the military lab's findings, they found no takers.

[Bob Udell]

So they go to expert after expert after expert and Those experts say, we won't sign off on this because we don't believe it.

[Narrator (Josh Mankiewicz)]

That alone might be enough to raise reasonable doubt with a new panel of trial jurors. But what Bloom really wanted was to undercut the prosecution case at its base and prove the results from the Armed Forces Institute of Pathology Environmental Division were bogus. And that is where this story takes yet another surprising twist. Turns out the Navy pathologist who did Todd Summers autopsy had saved not one, but three sets of sample tissues. One set was frozen. Another was preserved in formaldehyde and therefore untestable. And one more was kept in paraffin blocks, which can be stored without refrigeration. Those first AFIP tests, the ones that found all that arsenic, were done on the frozen tissue samples. So then what about the paraffin preserved samples? Wouldn't a second round of tests on those samples definitively settle the matter? Well, maybe. Alan Bloom says prosecutor Laura Gunn told him those paraffin preserved samples had been lost or destroyed.

[Bob Udell]

She said, they don't exist. No tissues exist. All the tissues that existed in the case were sent to the Armed Forces Institute of Pathology, afip, who did the testing for ncis.

[Narrator (Josh Mankiewicz)]

Bloom thought those tissues could be the key to this case. And if they were missing, he wanted to know why. So he persisted, peppering prosecutor Gunn with requests for detailed chain of custody documents regarding those missing tissues.

[Bob Udell]

She sent her people back to the hospital to look for them. She didn't do that out of the goodness of her heart. She did it because of a motion I had brought to track down the chain of custody of it. Her people found that the tissues existed by then.

[Narrator (Josh Mankiewicz)]

It was late March, just two months before Cindy's second trial was scheduled to begin. Alan Bloom says he was out of the country when he received an email telling him that miraculously, the paraffin preserved tissues had been found.

[Bob Udell]

I get the report that say, yes, the tissues exist and they're the paraffin tissues, meaning the retestable tissues. They're available for testing. I said, no, don't do any retesting until I get back. I got back a few days later, and by that point, she had already sent out the tissues.

[Narrator (Josh Mankiewicz)]

The prosecutor did not send the tissues back to the Armed Forces Institute of Pathology, the lab that had done the original arsenic testing in this case. Instead, she sent them to a lab in Canada. And even though that lab had a good reputation for testing human tissues, Alan Bloom was steamed.

[Bob Udell]

I was livid that she had done it without having a chance to have it reviewed by us and so forth, the technical Parts of

[Narrator (Josh Mankiewicz)]

was late on a Thursday afternoon. An attorney, Alan Bloom, was chasing a little white ball around a San Diego area course when he received a message from the court clerk.

[Bob Udell]

They called me at 4 o'. Clock. I happen to be standing on the number 17 hole at Balboa Golf Course, which is a par three, and I get a call from the court clerk saying that the judge is going to conduct a hearing in 30 minutes to dismiss the case. Do I want to be present? Yeah, I think I want to be president.

[Narrator (Josh Mankiewicz)]

Dismiss the summer case now. The next 30 minutes were a mad dash. First to the parking lot, then in a white knuckle drive through early rush

[Bob Udell]

hour traffic when I show up in the courtroom wearing my blue UCLA golf shirt and my UCLA cap. No time to change, no, straight from the French from the golf course to my car to the courthouse, to the courtroom. Whereas a fair amount of press has been gathered, which is interesting to me because I didn't call anyone in the press.

[Narrator (Josh Mankiewicz)]

He made it by 4:45. Seated at the prosecution table was Laura Gunn.

[Bob Udell]

At that point it was a relatively matter of fact situation. They said, we have done retesting and we have a doubt as to whether or not we can prove this case. And we moved to dismiss. Was done that quickly and that was that.

[Narrator (Josh Mankiewicz)]

After years of investigation, a month long trial, and for Cindy, 876 days behind bars, it was over. And here's why. The Canadian lab had tested those paraffin preserved tissues initially tested by afip and they had found no arsenic in any of them. That included samples from Todd Summer's liver and kidney. Translation, arsenic is not what killed Todd Sommer. To Alan Bloom, it all seemed so anticlimactic and also so underhanded.

[Bob Udell]

They wanted to do this without me being present at all. They waited till 4 o' clock hoping I wouldn't even be found. They were going to dismiss this case without me being present. And they did it without Cindy being present.

[Alan Bloom]

As you know, we just moments ago made a motion to dismiss in the Cynthia Sommer case.

[Narrator (Josh Mankiewicz)]

At a hastily called press conference, San Diego District Attorney Bonnie Dumanis put the best possible spin on a humiliating development.

[Alan Bloom]

Today, justice was done. This is how the system is supposed to work.

[Narrator (Josh Mankiewicz)]

While the DA held her press conference at the courthouse, Alan Bloom was on his way to the detention center where Cindy was being held. And Cindy still had no idea about any of this.

[Alan Bloom]

I was sitting in my jail cell when I had a deputy come over the loudspeaker and tell me that I needed to come up front and so they popped my door. And they're like, you don't know what's going on? I'm like, I don't know what's going on. And they're like, there's like, all of the media is out front for you. And I'm like, what do you mean all the media is up front for me? And they're like, well, what happened in your case? I'm like, I don't know. And he goes, well, maybe you need to call your mom and let her know you're getting out of jail. And I was like, what? I'm like, what are you talking about? So I call my mom and I'm like, what's going on? And she's like, you're getting out. Allen will be there to pick you up. So I just went and I gathered my stuff and I went out. And that's when I had found out they dropped the charges and.

[Narrator (Josh Mankiewicz)]

Because there was no arsenic.

[Alan Bloom]

Because there was no arsenic.

[Narrator (Josh Mankiewicz)]

It was a little after 7pm When Cindy Summer walked out of the detention center wearing a white T shirt and jeans. She was carrying a bundle of her belongings in her arms, waiting outside to record the moment. And her reaction to it was the usual news media scrum, TV cameras, microphones, and various notebook scribblers.

[Alan Bloom]

I'm still in shock. I really cannot believe that I'm standing outside of the jail right now. I knew all along that the testing was wrong, and I was just waiting for that to come out.

[Narrator (Josh Mankiewicz)]

Beside her was her attorney, Alan Bloom, still wearing his powder blue UCLA golf shirt. To him, the criminal case was over, but the battle was not.

[Bob Udell]

These are tissues which should have been reviewed beforehand and never, ever were. Now I don't know which is worse, putting your head in the sand and ignoring the evidence or purposely hiding from it.

[Alan Bloom]

I don't need to prove to anyone that I'm innocent. Science just proved it.

[Narrator (Josh Mankiewicz)]

This was a night for celebration, and it called for a drink. So Alan Bloom took a small group of associates, along with his suddenly not guilty client downtown to toast Cindy's release. There was just one problem with that plan. After two and a half years behind bars, Cindy carried no id.

[Bob Udell]

We went to a particular restaurant in order to celebrate, to have a beer, probably the first beer Cindy had had in several years, and to have some food. And when we went in to this restaurant bar, they asked for her ID because you have to be a certain age and she didn't look under 21. But you got to have an ID to get into a bar. She didn't have any ID because it had long been taken away. She came straight from jail, and they said, I'm sorry, you can't come in. And we said it was at that moment that up on the TV of the bar was the image of her getting released and the story about her getting released. And we said, well, she's right up there if you want to know what's going on. I mean, there she is, released right at that moment.

[Narrator (Josh Mankiewicz)]

And did that do it?

[Bob Udell]

No, it didn't do it. They said no. So we went to get to another place where they didn't ask for the ID or something like that.

[Narrator (Josh Mankiewicz)]

The good feeling from this abrupt reversal of fortune lasted all weekend. By Monday, Alan Bloom's temperature was rising again. In TV interviews and an op ed in the local newspaper, District Attorney Bonnie Dumanis had insisted that there had been nothing wrong with the way her office handled the summer case.

[Alan Bloom]

In my opinion, everything was done the way it's supposed to be done in a criminal case.

[Narrator (Josh Mankiewicz)]

That's San Diego da Bonnie DiManis.

[Alan Bloom]

A judge looked at it at a preliminary hearing and sent it to trial, and 12 jurors heard all of the evidence and found her guilty.

[Narrator (Josh Mankiewicz)]

According to DA Dumanis, Cindy's release proved not that her office had made a colossal mistake, one that nearly put an innocent woman behind bars for life for a crime that never actually happened. But instead, it proved her prosecutors had upheld the finest traditions of jurisprudence.

[Alan Bloom]

You know, our office has values and a mission statement. We vigorously prosecute, but we also protect the rights of the defendant. So today, justice prevailed.

[Narrator (Josh Mankiewicz)]

Alan Bloom was outraged.

[Bob Udell]

No one should ever, ever let this go. The word go out that the system worked in Cindy's case.

[Narrator (Josh Mankiewicz)]

In the weeks and months that followed, the defense lawyer went on the offensive, prosecuting the prosecutors in the court. Court of public opinion.

[Bob Udell]

It shouldn't be a game. It shouldn't be a situation where let's see what we can get away with. And that's what happened in this case.

[Narrator (Josh Mankiewicz)]

No. In Alan Bloom's mind, the only wrongdoing in this case had been done by prosecutors wearing power suits. And that, he vowed, would not go unpunished.

[Bob Udell]

And Doug, there's nowhere I wouldn't go to help someone customize and save on car insurance with Liberty Mutual, even if it means sitting front row at a comedy show.

[Alan Bloom]

Hey, everyone, check out this guy and his bird. What is this, your first date?

[Bob Udell]

Oh, no. We help people customize and save on car insurance with Liberty Mutual together. We're married. Me to a human, him to a Bird. Yeah, the bird looks out of your league. Anyways, get a [e-mail] or with your local agent. Liberty. Liberty.

[Alan Bloom]

Liberty.

[Bob Udell]

Liberty.

[Alan Bloom]

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[Narrator (Josh Mankiewicz)]

with GLP1s what they did to your family. You're lucky to make it out alive. Streaming on Peacock.

[Alan Bloom]

These men are going to come after me.

[Narrator (Josh Mankiewicz)]

Taking them out.

[Alan Bloom]

My only chance.

[Bob Udell]

Put a bullet in her head from the co. Creator of Ozark.

[Alan Bloom]

Looks like a family was running drugs execution style.

[Bob Udell]

Killing. It's rare for the Keys. Any leads on who they might have been running for?

[Narrator (Josh Mankiewicz)]

The cartel killed my family.

[Alan Bloom]

I'm gonna kill them. All of them.

[Narrator (Josh Mankiewicz)]

Mia Streaming now only on Peacock. When the San Diego District Attorney's office dismissed its case against Cindy Summer in April 2008, they did not exactly hand her a get out of jail free card. You've got to be feeling some sort

[Bob Udell]

of anger, but you had to go through this.

[Alan Bloom]

Of course I'm angry. Of course I'm. Yeah, of course.

[Narrator (Josh Mankiewicz)]

It was not as if the DA had said, our bad. So sorry. Let's let bygones be bygones. No, not at all. In Cindy's case, prosecutors asked the court for a dismissal without prejudice. That's legalese for we want to keep our options open and reopen the case if new evidence comes to light.

[Alan Bloom]

I think the system worked for everyone. And what happens next we'll have to deal with later.

[Narrator (Josh Mankiewicz)]

Alan Bloom thought that was BS and said as much at the time.

[Bob Udell]

District Attorney knew all along that this evidence existed and intentionally told the defense that it didn't exist and turned its back on its evidence because it was willing to try to win before trying to do justice.

[Narrator (Josh Mankiewicz)]

In Bloom's opinion, that amounted to prosecutorial misconduct. He immediately filed a motion to have the terms of the DA's dismissal changed from without prejudice to with prejudice, meaning those charges could not be refiled. If a judge agreed, it would mean the case against Cindy would finally be over and she would not have to live the rest of her life worrying and wondering if the San Diego DA was at some point going to come

[Bob Udell]

back for her the thing that they know that they should do is to say we made a mistake, this is over once and for all. And we're not going to try to in any way leverage any gains in publicity over the life of a young woman.

[Narrator (Josh Mankiewicz)]

America's system of justice is designed to be adversarial and also by law and by custom. It is supposed to be a cordial competition, a rules based process in which opposing attorneys face off in good faith in the pursuit of justice. There is a measure of respect and trust between opposing counsel that is expected to make the system work as it should. Alan Bloom says once he learned the tissue samples the prosecutor had claimed did not exist, did exist, well, that trust went out the window.

[Bob Udell]

The circumstances clearly show that she was worried about what was going to happen when they retested. I didn't trust them at all.

[Narrator (Josh Mankiewicz)]

So Bloom sent his own investigator to the San Diego Naval Medical center where Todd Summers body was autopsied and where some of his tissue samples were still stored. The investigator found the box containing Todd's tissues in the same storage room where they had been for the past six years. Turns out Laura Gunn had known those very testable tissues existed long before she told Alan Bloom about them.

[Bob Udell]

She had the conversation with Dr. Adams, he's the head of the department, and found the box. And there it was, exactly on top of a refrigerator where it had been stored all the time. So what he did, and she never knew he did this, was write a memo and said attach this memo to the top of the box. It was that memo dated 31 August 2007, which says we discussed the presence of these tissues and so forth and so on.

[Narrator (Josh Mankiewicz)]

And the memo said do not destroy, keep these tissues.

[Bob Udell]

The memo said we fully discussed the interior of the products of what's in here. And by the agreement we're going to keep the tissues, we're going to preserve them and keep them here. And what Laura Gunn didn't anticipate was the existence of that memo because that absolutely confirmed that she had for that eight month period of time known about the existence of these. Having all along said that these tissues

[Narrator (Josh Mankiewicz)]

don't exist and tried to keep them a secret from you.

[Bob Udell]

Absolutely kept them a secret. She, Gunn is attempting to put Cindy Summer in prison for the rest of her life. Again knowing that these tissues exist and she's covering it up and not letting people know about it.

[Narrator (Josh Mankiewicz)]

Playing the devil's advocate here. Is there any legal justification for not handing over potentially exculpatory evidence to the defense? If you're a prosecutor.

[Bob Udell]

It's absolutely no justification. In fact, there are US Supreme Court case called Brady basically says the prosecution has the absolute duty to do that because you gotta be fair when you're a prosecutor. She knows this. That's black letter law.

[Narrator (Josh Mankiewicz)]

As you might expect, the news media was alerted and soon TV crews were beating a path to that storage room at the Naval Medical center to document Blum's find. The footage shot there showed the box, the paraffin, preserved samples, and what Bloom considered the smoking gun memorandum still taped on top.

[Bob Udell]

Now, as of August 2007, her obligation then as an attorney is to say they do exist. And she sat silent through the month of September. She sat silent through the month of October. Then we had our motion for new trial in November. We went through five days of courtroom proceedings which was like a mini trial. I think you were there or you saw the proceedings yourself. And during these five days, she sat silent. She told no one that these exonerating tissues existed. She said nothing about it in December and nothing about it in January of 2008, and only revealed that as we're getting ready to do the second trial. Only because I started to pursue the matter even further and raise the issue.

[Narrator (Josh Mankiewicz)]

In August 2009, more than a year after Cindy's release from jail, Alan Bloom asked the court to grant her a complete and total exoneration on the grounds of, quote, outrageous governmental conduct, unquote.

[Bob Udell]

District attorney lied about them, said they didn't exist. In fact, they did.

[Narrator (Josh Mankiewicz)]

In court filings, he laid out his allegations of misconduct against the San Diego DA's office and the mishandling of evidence by the lab that did the initial testing, chapter and verse. According to one of those filings. When Laura Gunn was asked about her failure to disclose the existence of evidence critical to the defense at that hearing, Laura Gunn said, I forgot.

[Bob Udell]

When she first was confronted with the existence where are these tissues? She said that none of the tissues existed. Then I said, well, how do you go about explaining the fact that your own reports and the autopsy report shows that tissues do exist? And she said, okay, some tissues do exist, but they're the wrong kind. They're not the kind that can be retested. And then when we confronted her with Dr. Adams memo showing that she herself knew that these tissues existed, that were the kind of tissues that could be tested. She said, oh, I forgot. And it reminded me of Bart Simpson who gets his hand stuck in the cookie jar. I didn't do it. Nobody saw me do it. Can't prove a thing.

[Narrator (Josh Mankiewicz)]

In their own court filings, the District Attorney's office argued Cindy did not deserve a full exoneration on the grounds of outrageous governmental conduct because the prosecutor, Laura Gunn, had done nothing wrong. She claimed she had told Cindy's first attorney, Bob Udell, that the paraffin preserved tissue still existed before trial in 2006, and that Udell did not ask to have those tissues tested. According to the DA, Bloom was told in May of 2007 that preserve tissues, unquote, still existed. Not paraffin preserved tissues, mind you, but preserved tissues, everything above board. The tissues were tested, and Cindy was released. It all worked out in the end. But according to the da, none of that meant Cindy was totally innocent. It only meant that, for the moment, they could not prove her guilty beyond a reasonable doubt.

[Alan Bloom]

Our case was premised on the fact that Todd Sommer was poisoned by arsenic.

[Narrator (Josh Mankiewicz)]

That is San Diego DA Bonnie Dumanis again.

[Alan Bloom]

And when the information came forth from experts that are renowned, that say they can't tell us with a medical certainty that he was in fact poisoned by arsenic, at that point, we stop. That is the bottom line.

[Narrator (Josh Mankiewicz)]

The judge hearing the motion denied Bloom's request to have Laura Gunn testify under oath. He also denied his request for internal emails at the DA's office, which bloom believed would prove the prosecutor purposely ignored the existence of potentially exonerating evidence. The judge ruled California law did not allow for that kind of discovery. I am not going to create new law. I am not going to go beyond

[Bob Udell]

the statutory and case law authority in California, because I can't.

[Narrator (Josh Mankiewicz)]

So, motion denied, the judge said.

[Bob Udell]

My hands are tied. I invite you to please bring it to the higher courts to see if the courts are empowered to do it. For that reason, we did appeal it, and the higher court said no.

[Narrator (Josh Mankiewicz)]

The following month, in September 2009, Cindy Summer filed a $20 million civil suit seeking damages from the NCIS agents who investigated her, the chemists at afip, the Armed Forces Institute of Pathology, the people who had first tested Todd's tissues, and San Diego Deputy DA Laura Gunn. That lawsuit also failed when a federal judge found the NCIS agents had not been negligent when investigating her and that Cindy's attorney presented no evidence that the Armed Forces Institute of Pathology had done anything wrong.

[Bob Udell]

If you're going to do a lawsuit, you have to show that the evil culprit is the person that actually caused you to be in jail unjustly. And in Cindy's case, they filed suit against NCIS. But NCIS's defense was, look, we didn't make the final decision. We found this evidence. It's the DA who made the call. So they also filed suit against afip, and AFIP said, look, we didn't prosecute her. We found our results. If we messed up, we messed up. But we didn't lie about what we found.

[Narrator (Josh Mankiewicz)]

As for Cindy's claim against Laura Gunn, the prosecutor in this case, the judge ruled her lawyers had failed to prove that Gunn had hidden evidence, falsified evidence, or knew or should have known that Cindy was innocent. For Cindy Summer, that was the end of a terrible, awful, horrible, never to be repeated decade in her life. A decade that began with her husband's death. A decade that included being accused of murder, thrown in jail, and losing custody of her children. All of it while burning through her family's life savings money that went to pay for Cindy's legal expenses. And yet today, she retains a sense of humor about it.

[Alan Bloom]

I probably would do things differently. I don't know if I regret doing anything.

[Narrator (Josh Mankiewicz)]

Tell me about wanting to get breast implants. Because, you know, the government and the prosecutors treated this as like, I killed

[Alan Bloom]

Todd to get boobs.

[Narrator (Josh Mankiewicz)]

I would never ask this, except I'm not showing you.

[Alan Bloom]

No, I'm saying I don't want to know.

[Narrator (Josh Mankiewicz)]

Don't show me. Laughter is supposed to be good for the soul, perhaps because it allows for distance and helps put even the darkest days of one's life in perspective. Cindy Summers past still casts an indelible shadow. Not a thing to be forgotten, necessarily, but a marker nonetheless. And as you will hear, it remains an ever present reminder of who she was and who she is. Now.

[Alan Bloom]

You go to Hawaii in your head all the time, but when you're actually ready to go, there's Expedia. Flights, hotels, vacation homes, cars. Save more when you bundle so you can stop dreaming and start saving. Expedia, the one place you go to go places. Members only. Savings vary.

[Bob Udell]

And Doug, there's nowhere I wouldn't go to help someone customize and save on car insurance with Liberty Mutual. Even if it means sitting front row at a comedy show.

[Alan Bloom]

Hey, everyone, check out this guy and his bird. What is this, your first date?

[Bob Udell]

Oh. Oh, no. We help people customize and save on car insurance with Liberty Mutual together. We're married. Me to a human, him to a bird.

[Alan Bloom]

Yeah, the bird looks out of your league.

[Bob Udell]

Anyways, get a [e-mail] or with your local agent. Liberty, Liberty. Liberty. Liberty.

[Alan Bloom]

I'm Serena Williams and I'm healthier on roe. I've lost 34 pounds in a year with GLP1's diet and exercise on RO, you can access GLP1 options including the first FDA approved GLP1 pillar for weight loss. Go to Rode Co Journey to see if you qualify. 14 to 20% average weight loss in one year in non diabetics with obesity or overweight with a weight related medical condition versus 2.2% to 3.1% in placebo arm Rx only. To stay informed about serious side effects, go to Roe Co Safety.

[Narrator (Josh Mankiewicz)]

There was a time when winning that murder conviction in the Cindy Summer case was a point of pride for Laura Gunn and the San Diego District Attorney's Office.

[Alan Bloom]

The people in our office felt very strongly that we needed to go forward and seek justice for the family of this murder victim and his family.

[Narrator (Josh Mankiewicz)]

And in fact, in 2007, the year of the Cindy Summer trial, Laura Gunn was named Prosecutor of the Year by the San Diego County Deputy District Attorneys Association. Of course, that was well before new testing revealed there was never a murder in the first place. We reached out to Laura Gunn, hoping to get her thoughts about this case now and to get her response to Alan Bloom's allegations of prosecutorial misconduct. She did not respond to our requests for an interview for this podcast.

[Bob Udell]

What goes around in life comes around in life somewhere. I'll get paid back.

[Narrator (Josh Mankiewicz)]

That is Bob Udell, the lawyer whose mistakes at trial contributed to Cindy's conviction. You'll remember it was his public mea culpa later that led to having that conviction overturned.

[Bob Udell]

I didn't care what reason the judge found for giving her a new trial. Alan presented this motion beautifully and he placed me in the best light he could and I greatly appreciate that.

[Narrator (Josh Mankiewicz)]

Bob Udell is no longer an attorney. He was disbarred for reasons unrelated to this case. Laura Gunn left the Prosecutor's office in 2018. She now practices public finance law in San Diego. NCIS declined our requests for comment from Special Agents terwilliger and rendone, NCIS. The TV show was just renewed for its 24th season. Alan Bloom is still an attorney. He's semi retired now, and his famous client is living a quiet life. Hello.

[Alan Bloom]

Hey, Josh, how are you?

[Narrator (Josh Mankiewicz)]

Which brings us back to where it all began. So nice to see you. I know.

[Alan Bloom]

It's nice to see you again.

[Narrator (Josh Mankiewicz)]

Cindy Summer is no longer Cindy Summer. She's been happily married for the past 13 years. And for the most part, she says, free from that dark cloud of suspicion that hung over her for so long, we agreed not to use her new last name or say where she lives now. So we're not in Florida anymore and we're not in California anymore.

[Alan Bloom]

Nope.

[Narrator (Josh Mankiewicz)]

You moved back to the Midwest?

[Alan Bloom]

Yes.

[Narrator (Josh Mankiewicz)]

Anybody here ever recognize you?

[Alan Bloom]

Yeah. Yeah, I have quite a few friends that recognize me. I haven't really had anybody say anything. Negative.

[Narrator (Josh Mankiewicz)]

Nobody's coming up to you in the grocery store and saying you're a murderer. No. You had to go to court to get your kids back?

[Alan Bloom]

I did, I did. I had to fight for custody.

[Narrator (Josh Mankiewicz)]

How's your relationship with your kids now?

[Alan Bloom]

Great, great. I have. My daughter's getting married in May. My oldest son got married end of October.

[Narrator (Josh Mankiewicz)]

Congratulations.

[Alan Bloom]

Thank you. I've got two grandchildren, some grand cats, grand dogs.

[Narrator (Josh Mankiewicz)]

The day I met Cindy for a catch up stroll alongside an icy river was almost 24 years to the day since her husband Todd died. Her youngest son, the one she had with Todd, is close to the same age his father was that fateful night. While working on this podcast, we learned his relationship with his mom remains complicated. Complicated by who Cindy was and where she was during his formative years. Complicated, no doubt, by the fact that his father's death certificate still lists Todd as a victim of homicide. And that in the eyes of the San Diego District Attorney's office, Cindy still retains a trace of suspicion. It turns out time does not heal all wounds. Anybody from NCIS or the DA's office ever apologize to you?

[Alan Bloom]

No. The only thing that was ever said was after my release, Bonnie Dumanis said that justice was served.

[Narrator (Josh Mankiewicz)]

The da.

[Alan Bloom]

I think her idea of justice and mine are two different things.

[Narrator (Josh Mankiewicz)]

I guess it's better than her saying, we think she got away with murder.

[Alan Bloom]

Yes, I. Yeah.

[Narrator (Josh Mankiewicz)]

Does this feel like exoneration to you? That they've kind of dropped it and they don't seem to want to go forward again?

[Alan Bloom]

Yes and no. Because it's being held without prejudice.

[Narrator (Josh Mankiewicz)]

Meaning they could come back if they wanted to.

[Alan Bloom]

Right. So it's not really being exonerated.

[Bob Udell]

Right.

[Narrator (Josh Mankiewicz)]

But all of a sudden, you don't expect them to ever go forward again?

[Alan Bloom]

No, I don't. I mean, after the test came back with no arsenic in them, I don't know what. I don't know what case they have.

[Narrator (Josh Mankiewicz)]

You're okay to going back to being anonymous, huh?

[Alan Bloom]

I am, I am. Unless you got a TV show for me to do.

[Narrator (Josh Mankiewicz)]

As Cindy was walking away, she told me that preparing to meet with me and talk about this case had been stressful because it brought up so many memories. Fortunately for her, the heart tends to enhance the good memories and time seems to have sanded off the jagged edges from the bad ones. That's a good thing. And perhaps that's the only way any of us can bear the weight of the past. This podcast is a production of Dateline and NBC News. Tim Beacham is the producer. Marshall Housefeld, Brian Drew and Meredith Kramer are audio editors. Molly DeRosa is Associate Producer, Rachel Young is field producer, Adam Gorfin is co executive producer, Paul Ryan is executive producer, and Liz Cole is senior executive producer. From NBC News. Audio sound mixing by Rich Cutler.

[Bob Udell]

And Doug there's nowhere I wouldn't go to help someone customize and save on car insurance with Liberty Mutual, even if it means sitting front row at a comedy show.

[Alan Bloom]

Hey, everyone. Check out this guy and his bird. What is this, your first date?

[Bob Udell]

Oh, no. We help people customize and save on car insurance with Liberty Mutual together. We're married. Me to a human, him to a bird. Yeah, the bird looks out of your league. Anyways, get a [e-mail] or with your local agent. Liberty. Liberty.

[Alan Bloom]

Liberty.

[Bob Udell]

Liberty.