Reversal of Fortune

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It's about hearing them. Wheel stories, raw healing, radical truth, follow the Shadow Sessions on Apple Podcasts, Spotify, or wherever you're listening now. Except on the afternoon of November 30, 2007, the trip from the San Diego Courthouse, back to the lost Collinas Women's Detention Center, was positively joyous. I love better now. Yeah, I love better. Word had spread, one of their own, inmate number 640265, had just had her conviction overturned. Cindy Summer was getting a new trial.

It was a long shot, it was like going through a mouse hole with a neck truck.

There had been a lot of smiles and high fives on the bus that day. Hey, I'll be home soon. 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. I've been innocent for the past two years, so.

innocent perhaps, but far from free. Man, it's hard, it's life right now, and there's nothing I can do about it right now. Back at the Detention Center, Cindy told her cellmate that judges decision to toss her conviction, had caught her by surprise. I don't think it hit me until he said that I have the right to, you know, trial within 60 days. It still seems like a dream sometimes.

A dream? Oh, yes. Certainly, as compared to the nightmare, she had been living.

“And I'm like, what do you mean all the media's up front for me?”

And I'm like, what happened in your case? I'm like, I don't know. In this episode, you will hear how new evidence completely upended the prosecution's case. What we did was take some of the evidence that we just discovered by the way existed and had that examined. You will hear how prosecutors themselves came under scrutiny. 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.

And you will hear how Cindy Summer tried to balance the scales of justice. You can't give my daughter's prompts back, getting her driver's license. You can't get any of that stuff back. I'm Josh Maynkowitz, and this is the final episode of "Trace of Suspicion," a podcast from date one. Episode 6, "Reversal of Fortune." The judge's gavel echoed through the courtroom like a starter's gun, and defense attorney Alan Blue knew he was now in a race against time.

With Cindy Summer's murder conviction overturned and a new trial scheduled to begin in six months, Blue 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.

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

“As Blue 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. 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 machine that had never been done before. Without an established standard procedure for handling human tissues, the lawyer thought it possible those tissue samples could have been misampled and perhaps contaminated in some way before the actual testing began.

I don't know if their 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 aboration. In fact, the findings were so extraordinary that when the district attorneys office asked other experts to validate the military labs findings, they found no takers. 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.

“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. Once that 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 FIP 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 gun told him, those paraffin preserved samples had been lost or destroyed. She said they don't exist.

Not 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.

“Bloom thought those tissues could be the key to this case, and if they were missing, he wanted to know why.”

So he persisted. Pappering Prosecutor Gun was requests for detailed chain of custody documents, regarding those missing tissues. She sat her people back to the hospital and looked for them. She didn't do that out of the goodness of her heart, she did it because of emotion I had brought to track down the chain of custody of it. Her people found that the tissues existed.

By then, 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. I get the report that say yes, the tissues exist, and they're the paraffin tissues, meaning it's retestable tissues. They're available for testing. I said, "No, don't do any retest until I get back. I got back a few days later, and by that point she had already sent out the tissues." 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. I was limited that she had done it without having a chance to have it reviewed by us, and so forth, the technical parts of it. It was late on a Thursday afternoon.

An attorney Alan Bloom was chasing a little white ball around a San Diego area course. And he received a message from the court clerk. They call me a four o'clock. I happened to be standing on the number 17th hole at Baboa Golf Course, which is a part 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.

Yeah, I think I want to be present. This miss, the summer case?

“Now, the next 30 minutes were a mad dash.”

First of the parking lot.

Then in a white knuckle drive through early rush hour traffic. When I shot in the courtroom, or in my blue you see light golf, should it end my UCLA cap? No time to change. No, straight from the French and 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. He made it by 445. Seated at the prosecution table was Laura Gunn. At that point in a relatively matter of the fact situation, they said we have done retesting and we have a doubt that's whether or not we can prove this case and we move to dismiss it. It was done that quickly.

And that was that.

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 preserve 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 Summer. To Allen Blue, it all seemed so anticlimactic. And also, so underhanded. They wanted to do this without me being present at all. They waited for a 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. As you know, we just moments ago made a motion to dismiss in the Cynthia summer case. At a hastily called press conference, San Diego District Attorney Bonnie Domainus put the best possible spin on a humiliating development. Today, Justice was done.

This is how the system is supposed to work. While the DA held her press conference at the courthouse, Allen Blue was on his way to the detention center. Or Cindy was being held. And Cindy still had no idea about any of this. I was sitting in my jail cell when I had a deputy come over to the loudspeaker and tell me that I needed to come up front. And so they popped my droop my door and they're like, I 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, we meet all the media's up front for me. And I'm like, 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? 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 because there was no ours. Because there was no ours, Nick. It was a little after 7 p.m. 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 notebooks, scribblers. I'm still in shock. I really cannot believe that I'm standing outside of the jail right now. I knew all the long that the testing was wrong, and I was just waiting for that to come out. The side her was her attorney Allen Blue.

Still wearing his powder blue UCLA golf shirt. To him, the criminal case was over. But the battle was not.

These are tissues which were should have been reviewed beforehand and never ever were.

I don't know which is worse. Putting your head in the sand and ignoring the evidence or purpose of the hiding from it. I don't need to prove to anyone that an innocent science just proved it. This was a night for celebration, and it called for a drink. So Allen Blue 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. 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.

because of the bomb and 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. And did that do it? Now it didn't do it. But they said, "Now, so we went to get to another place where they didn't ask for the ID or something like that." 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 Dumanas had insisted that there had been nothing wrong with the way her office handled the summer case. In my opinion, everything was done the way it's supposed to be done in a criminal case. That's San Diego DA, Bonnie Dumanas. A judge looked at it at a preliminary hearing and sent it to trial in 12 jurors, heard all of the evidence, and found her guilty.

According to DA Dumanas,

“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. You know, our office has values in a mission statement. We vigorously prosecute, but we also protect the rights of the defendant. So today, Justice prevailed. Alan Bloom was outraged.

No one should ever, ever let this go at the word, go out, that the system worked in Cindy's case. In the weeks and months that followed, the defense lawyer went on the offensive, prosecuting the prosecutors in the court of public opinion. 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.

No. In Alan Bloom's mind, the only wrongdoing in this case had been done by prosecutors wearing our suits. And that he vowed would not go unpunished. Hey, guys. Willy guys here. We're celebrating 10 years of Sunday today by hosting a very special Sunday sit down live event. And our guest is one of the biggest stars on the planet, Ryan Reynolds.

We're taking our conversation to the stage in front of an audience of you for one night only at city winery in New York on April 7th. And an intimate in-person evening, I promise you won't want to miss tickets are limited, so grab yours now at today.com. 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 guard.

“You've got to be feeling some sort of anger, but you have to go through this.”

Of course, I'm angry, of course, I'm, yeah, of course. It was not as if the DA had said, "Arabad, 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.

I think the system worked for everyone and what happens next will have to deal with later. I wouldn't let him thought that was BS and set as much at the time. 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. 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 Cindy ego DA was at some point going to come 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 it in any way, leverage any gains in publicity over the life of young women."

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. Allen Bloom says once he learned the tissue samples the prosecutor had claimed did not exist. Did exist? Well, that trust went out the window. The circumstances clearly show that she was worried about what was going to happen when they retested.

I didn't trust them at all. So Bloom said his own investigator to the San Diego Naval Medical Center, or Todd Summers' body was autopsyed, and were 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 Allen Bloom about them. She had the conversation with Dr. Adams. He's the head of the department and found the box in 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." And the memo said, "Do not destroy. Keep these tissues." The memo said, "We fully discussed the interior of 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 the long said that these tissues don't exist.

And try to keep them a secret for you. 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. Playing those aggregate here is there any legal justification

“for not handing over potentially expulatory evidence to the defense if you're a prosecutor?”

It's absolutely no justification, in fact, they're a 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 that's black letter law. 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 Bloom's Fund.

The footage shot there showed the box. The pair of them preserved samples. And what Bloom considered the smoking gun memorandum. Still taped on top. Now, as of August 2007, her obligation then as an attorney to say they do exist.

And she said silent through the month of September. She said 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 said 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.

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. "Just your attorney lied about them," said they didn't exist. In fact, they did.

In court filings, he laid out his allegations of misconduct against the San Diego D.A.'s office and the mishandling of evidence by the lab that did the initial testing. Chapter 1. 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." 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.

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 hands stuck in the cookie jar. I didn't do it, nobody saw me do it, can't prove a thing. 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 Parifine Preserve tissues 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 Parifine Preserve tissues mind you, but preserved tissues, everything above board. The tissues were tested, and Cindy was released

and 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, the other reasonable doubt. Our case was premised on the fact that Todd Summer was poisoned by arsenic. That is Cindy A. Go DA, Bonnie Dumanis again. 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 stopped. That is the bottom line.

The judge hearing the motion denied Bloom's request to have Laura Gunn testifying her 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 the statutory and case law, authority and California because I can't. So, motion denied.

The judge said, "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 a peel it, and I are quite said, "No." 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. 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."

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

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

I would never ask this except--

I'm not showing you. I don't want it. I don't want it.

“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 Summer's 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. Hey guys, Willie Geist here,

reminding you to check out the Sunday Sit Down podcast. On this week's episode,

I get together with Liam Ashell,

talking about her lead role in the hit Broadway musical Chess, some of the Tony talk around it, and her road from the stage to Glee, and now back again. You can get our conversation now for free,

“wherever you can download your podcasts.”

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

Of course, that was well before new testing revealed

there was never a murder in the first place.

We reached out the Laura Gunn, hoping to get her thoughts about this case now, and to get her response to Alan Bloom's allegations of Prosecutorial Miss Conduct. She did not respond to our requests for an interview

for this podcast. What goes around in life comes around in life. Somewhere, I'll get paid back. That is Bob Udell. The lawyer who's mistakes a trial

contributed to Cindy's conviction.

“You'll remember it was his public me a cop a later”

that led to having that conviction overturned. 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. 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 Randall. 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. Which brings us back to where it all began. Cindy's summer is no longer Cindy's 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. You came back to the Midwest. Yes. Anybody here ever recognized you? Yeah, I have quite a few friends that recognize me.

I haven't really had anybody say anything negative. Nobody's killing me up with you in the grocery store and saying you're on the road. No. You had to go to court to get your kids back. I did.

I did. I had a fight for custody. How's your relationship with your kids now? Great. Great.

I have my daughters getting married. And in May, my oldest son got married. And of October. Congratulations. Thank you.

I've got two grandchildren. Some brand cats, grand dogs. 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,

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 Diaz office ever apologized to you? No.

“The only thing that was ever said was after my release,”

Bonnie Dumanas said that justice was served.

The Diaz. I think her idea of justice in minor two different things. I guess it's better than her saying we think she got away with murder. Yes, I, yeah. Does this feeling of admiration to you that they've kind of dropped it,

and they don't seem to want to go forward again? Yes, it no, because it's being held without prejudice. I mean, they could come back if they wanted to. Right.

So it's not really being exonerated.

Right. But all the same.

“You don't expect them to ever go forward again.”

No. I don't. I mean, after the tests came back with no arsenic at home, I don't know what, I don't know what case they have. You're okay to go back to being an ally, so.

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

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