Defendant in bomb case asks judge to rule search illegal

Claiming that an unlawful search in one town cannot lead to a legal one in another, the defense for a former Cary resident accused of stowing a homemade bomb in his estranged wife's basement is asking a court to throw out the evidence against him.

A McHenry County judge could rule on the request in three weeks, a decision that, if in the defense's favor, could force the dismissal of charges against Dominic Bender.

Bender, 28, of Schaumburg, faces three felony weapons charges and a misdemeanor reckless conduct charge stemming from the Nov. 16, 2006, discovery of a two-pound homemade bomb in his wife's Cary home powerful enough to level the residence and damage nearby buildings.

The find prompted the evacuation of several neighbors' homes and led Cary school officials to cancel classes for the day at nearby Prairie Hill School.

The search came just hours after authorities went into Bender's Schaumburg home and seized 10 handguns, five rifles, four shotguns and 200 homemade firecrackers.

A Cook County judge has ruled that search illegal earlier, however, and now Bender's defense is arguing the decision should extend to the Cary search. Without the first search, they argue, there wouldn't have been a second.

"What occurred here in McHenry County is fruit of the poisonous tree," defense attorney Joshua Dieden said.

Judge Joseph Condon said he would review transcripts from a two-day hearing that led to the Cook County judge's ruling and return with a possible decision June 24.