SAN DIEGO -- A woman accused of poisoning her Marine husband so she could collect $250,000 in life insurance proceeds spent money freely soon after his death, according to court testimony Monday.

Cynthia Sommer, 32, is charged with murder and special circumstance allegations of murder by poison and murder for financial gain in the Feb. 18, 2002, death of Sgt. Todd Sommer.

A decision is pending on whether the defendant will face the death penalty or life in prison without parole if convicted.

Prosecutors theorize that the defendant used the proceeds from her husband's insurance policy to have her breasts enhanced two months after he died.

Forensic accountant April Riel, testifying at Sommer's preliminary hearing, said a $29,000 trust fund left for the defendant's husband by his father was depleted by Dec. 31, 2002.

Four days after the victim's death, the defendant received a $6,000 death gratuity payment from the U.S. government, Riel testified.

Sommer -- added as a beneficiary in July 2001 -- received $250,587 in life insurance proceeds one month after her husband died, Riel testified.

With the life insurance money, Cynthia Sommer paid more than $5,000 for plastic surgery, set up $122,000 worth of trust accounts for her four children, paid off a $12,916 credit card bill, paid off a minivan and made other miscellaneous purchases, Riel testified.

Upon questioning by defense attorney Robert Udell, Riel said she didn't know exactly how some of the money was spent.

Outside court, Udell said the Sommers didn't ask their families for money

. "They tried to make it on their own," he told reporters.

Udell said his client has never had any contact with arsenic and doubted if prosecutors could prove that the victim died from arsenic poisoning.

Udell said Cynthia Sommer actually lost money and didn't benefit from her husband's death.

The attorney also maintained that Todd Sommer knew about his wife's plans to get breast implants and was happy about it.

"She didn't kill him so she could get her breasts enhanced," Udell said. "They were definitely spending more money than they had. She's trying to make herself feel better."

A review of the couple's financial records showed they had been running an $867 monthly deficit in the months leading up to the victim's death, said Rob Terwilliger, a special agent for the Naval Criminal Investigative Service.

In July 2001, Cynthia Sommer had been denied financial relief from the military, which advised her to change her spending habits and live within the family's means, Terwilliger said.

He testified that it was initially believed the 23-year-old victim died from cardiac arythmia.

A year later, when a heavy metals test revealed high levels of arsenic in the victim's system, Cynthia Sommer became the target of a murder investigation, Terwilliger testified.

Two days after her husband's death, Sommer told NCIS investigators that he went to the doctor for stomach cramping on Feb. 8, 2002. She said her husband believed some egg rolls he ate made him sick, Terwilliger testified.

That same day, the defendant had an initial consultation for her breast augmentation, Terwilliger said.

After her spouse's death, the defendant also made purchases on an erotic adult dating service Web site for singles, the special agent testified.

Cynthia Sommer moved to Florida from San Diego in 2002 with a new boyfriend, an ex-Marine, within weeks of the autopsy on her husband's body. She was extradited from West Palm Beach, Fla. to San Diego in March.

The preliminary hearing before Judge Peter Deddeh is expected to last at least two days, at which time he will determine if there is enough evidence to hold Sommer for trial.