McHenry County man avoids prison over menacing extortion bid

A McHenry County man who threatened to kill an acquaintance's children and grandchildren unless he was paid $50,000 avoided a possible 10-year prison sentence Friday after tearfully apologizing for actions he blamed on financial desperation.

Daniel Bailenson, 35, instead will serve two years' probation and pay a $1,000 fine for the December 2006 phone call that led to his conviction earlier this year on a felony intimidation charge.

The Woodstock man's sentence also includes a three-month stay in the county jail, but he will not have to serve that time unless he violates the terms of his probation.

The threat's recipient, Bull Valley resident Ken Eriksen, was not in court Friday for the decision. His wife, Beverly Eriksen, declined comment but pantomimed a hand slapping a wrist as she left court.

In handing down the sentence, McHenry County Judge Sharon Prather said Bailenson's lack of a criminal record and remorse over his actions weighed in favor of him receiving probation.

But she also rebuked him for blaming his behavior on money problems.

"Mr. Bailenson's desperation does not excuse his criminal conduct," she said. "It was more than poor judgment, Mr. Bailenson. It was criminal."

Prather convicted Bailenson of the intimidation charge in April after a one-day trial in which prosecutors played the message left on Eriksen's voice mail. In it, Bailenson instructs Eriksen to gather $50,000, go to a pay phone and call a number for further instructions. The message warns Eriksen that if he tells anyone about the demand, his children and grandchildren would be killed.

Eriksen, however, did call police, and they tracked the call back to Bailenson, the owner of a failed teen dance club and restaurant who was struggling financially and mired in a lawsuit with Eriksen over unpaid debts.

Bailenson on Friday said he never believed Eriksen would be frightened by the call and had no plans to follow through on the threat.

"It was very poor judgment on my part, but I never intended to harm Ken or his family," he said. "I would never do anything violent."

County prosecutors were seeking a 2½-year prison sentence, arguing that the court should send a message that behavior like Bailenson's cannot be tolerated.

"You can't threaten people's families; you can't threaten to kill them for money," Assistant McHenry County State's Attorney Philip Hiscock said. "He viewed the Eriksen family as an opportunity, as a target. As an ATM."