A San Diego judge says lawyers for a widow cleared of murdering her husband can call witnesses to testify about flaws in the original tests used by prosecutors to show the Marine was poisoned with arsenic.
Cynthia Sommer spent more than two years in jail, charged with killing the 23-year-old to cash in on his military death benefit.
The government dropped its case in April after new tests showed no trace of arsenic in the Marine's preserved tissues.
Attorney Allen Bloom argues the absence of poison proves no crime was committed. He wants any future charges blocked.
Prosecutors say they don't want to rule out re-charging Sommer if new evidence is found.
Superior Court Judge John S. Einhorn set a September hearing.
