SAN DIEGO -- A woman convicted of poisoning her husband in 2002 wants DNA tests done on organs laced with arsenic to determine if they actually belonged to the dead Marine, the woman's attorney said Friday.

Cynthia Sommer, 33, was convicted Jan. 30 of first-degree murder, murder by poison and murder for financial gain in the Feb. 18, 2002, death of Sgt. Todd Sommer, who was based at Miramar. Sommer was 23 when he died.

Defense attorney Allen Bloom has filed a motion for a new trial, claiming that lab results in the case contain "holes" that call into question whether the decedent actually died from arsenic poisoning.

Bloom said he wasn't sure why DNA testing wasn't done to confirm the poisoned tissues belonged to Sommer.

"We don't have any confirmation, and as amazing as it is to me and everybody that's going to hear this, is that the tissues that have been the center point of this entire case has not been determined to belong to the decedent," the attorney said outside court. "We don't know if that's Todd's liver or his kidney."

Todd Sommer's death was originally thought to be from natural causes, centering on a fluttering heart. But a test in 2003 for heavy metals showed arsenic levels more than 1,000 times the normal level in his liver and 250 times above normal in his kidneys.

"Even if it is arsenic poisoning, the link to Cindy is zero," Bloom told reporters.

The notion -- as suggested by the prosecution -- that the defendant killed her husband with ant poison is "absurd," Bloom said.

"The amount of ant poison that Cindy would have had to feed Todd would have been a loaf of about four pounds," the defense attorney said.

"Here honey, go ahead, it's time for you to take your giant four pounds of ant poison, of gel, and eat it all at one time," the defendant would have had to say, according to her attorney.

Prosecutors theorized that the defendant killed her husband so she could collect his $250,000 military life insurance payout.

Weeks after her husband's death, Sommer paid $5,400 for breast implants, had sex with three male Marines and a woman, hosted loud parties at her house and participated in a wet T-shirt contest and thong contest in Tijuana, Mexico, prosecutor Laura Gunn said.

A further hearing was scheduled for June 15.

After that, Judge Peter Deddeh will hear the defense motion for a new trial and other motions.

If the motion for a new trial is denied, sentencing would follow, perhaps in a couple of months.

Sommer faces life in prison without the possibility of parole.