Defense seeks to quash evidence in Cary bomb case

Calling a defense motion "a sort of law school puzzle," a McHenry County judge decided Tuesday to continue the case of a former Cary resident accused of stowing a homemade bomb in his ex-wife's basement.

Defense attorney Joshua Dieden wants Judge Joseph Condon to throw out evidence he says officials illegally obtained.

Dominic 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 ex-wife's Cary home.

The bomb was powerful enough to level the residence and damage nearby buildings, experts say.

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 Cary 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 earlier ruled that search illegal.

Dieden says the second search never would have been possible without the first.

"If Dominic Bender never opened his mouth to Schaumburg police, they never would have gone to Cary to search his home," Dieden said. "There is no independent evidence that led them to Cary."

Condon will rule on the motion at a July 23 hearing. If he suppresses the evidence from the Cary search, Dieden said, it will likely force the dismissal of charges against Bender.