A judge refused to grant bail Wednesday for a woman facing a retrial on charges she poisoned her Marine husband with arsenic so she could collect his $250,000 life insurance.

Cynthia Sommer, 34, was convicted Jan. 30 of first-degree murder and special circumstances in the February 2002 death of Sgt. Todd Sommer.

Last month, Judge Peter Deddeh said the defendant was entitled to a new trial because mistakes made by defense attorney Robert Udell undermined confidence in the verdict and reduced the chances of a more favorable result.

Sommer's new attorney, Allen Bloom, Wednesday asked the judge to set bail at $400,000, saying the defendant did not pose a danger to the public or present a flight risk if freed from jail.

But Deddeh said he was bound by law stating bail must be denied for a defendant charged with special circumstances if a judge finds the evidence sufficient to believe the defendant may have committed the crime.

Outside court, Bloom said he was disappointed with the judge's decision. He said Sommer has been in jail for two years and family members were hoping to post bail and get her home for Christmas.

"That's not an easy thing," Bloom said. "It's tough on her. It's tough on the family. She has four kids. It's a very disappointing thing."

Deddeh also told Bloom and Deputy District Attorney Laura Gunn he wouldn't be handling Sommer's retrial because he is being transferred to the El Cajon Courthouse.

A status conference is scheduled for Dec. 19 at the downtown courthouse, at which time a new judge may be assigned to the case.

Bloom said he would like to start the retrial in May.

Cynthia Sommer faces life in prison without the possibility of parole if convicted.

Todd Sommer's death was originally determined to be from natural causes and a possible heart condition. But a military laboratory test in 2003 revealed arsenic levels more than 1,000 times above normal in his liver and 250 times above normal in his kidneys.