McHenry Co. puffer fish toxin suspect wants out of jail
The Lake in the Hills man accused of possessing the deadly puffer-fish toxin for use as a weapon is asking a federal court to rescind an earlier ruling declaring him too dangerous to go free while awaiting trial.
Edward F. Bachner IV claims a U.S. magistrate judge erred when ordering him held without bond and is asking another judge to review the decision.
Bachner's attorney, James Marcus, said Monday his client is not a danger to the public or a risk to flee if allowed out on bond.
"He hasn't been a threat to anyone," Marcus said. "Where's he going? He has no relatives or contacts outside Illinois."
Assistant U.S. Attorney Randall Samborn declined to comment on the request Monday.
Bachner, 35, faces 10 counts of unlawful possession of tetrodotoxin, a deadly poison produced from the organs of the puffer fish.
A federal indictment handed down in August alleges Bachner, while posing as a researcher, obtained the toxin five times between November 2006 and June 30 for use as a weapon.
The indictment did not state, and authorities have not said, how or upon whom Bachner intended to use it. The toxin, also known as TTX, can cause paralysis or death if inhaled or ingested in even very small quantities.
If found guilty, he could face life in prison.
The charges stem from a June 30 raid on Bachner's home on McKenzie Drive, in which federal agents said they found 45 full or partially full vials of tetrodotoxin, a phony CIA badge, a precursor to the poison Ricin and books on how to poison people and make gun silencers.
Bachner was arrested the same day as the raid and has been held at the Ogle County jail ever since.
The FBI investigated Bachner in 2005 and 2006 over a suspected plot to hire a hitman to kill his wife, prosecutors have said, but authorities chose not to pursue charges,
Bachner's motion asks U.S. District Court Judge Frederick Kapala to overturn Magistrate Judge P. Michael Mahoney's decision to have him held without bond.
"Pretrial detention is an extreme measure which is not warranted under the circumstances," Marcus said in court documents. "There are many options available to the court which are far less onerous, and which will permit Mr. Bachner to assist his counsel."
Bachner would submit to home detention or electronic monitoring if allowed out of jail and both he and his parents would post their homes - valued together at about $1 million - as bail, his attorney said.
He also would be willing to live with his parents in south suburban Homer Glen and go to work for his father's company, court documents state.
Kapala is scheduled to hear arguments on the request Friday morning.