Dominic J. Bender

Dominic J. Bender
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The decision leaves Dominic Bender, 28, free of three charges of unlawful use of weapons stemming from the November 2006 discovery of a two-pound bomb and other explosive materials in the home's basement.

The find led authorities to evacuate some of the home's neighbors and prompted Cary school officials to cancel classes for the day at nearby Prairie Hill School.

Bender declined comment, but his attorney said the case against his client was blown out of proportion.

"This was portrayed as though there was some big bomb there, and there wasn't," Dieden said."These (chemicals) had been there for some time and nothing dangerous happened.The record in this case speaks for itself."

The case against Bender for all intents ended July 23 when Judge Joseph Condon barred evidence from the police search that uncovered the bomb and explosive materials.

Dominic J. Bender Multimedia Center
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Judge Joseph Condon ruled the search that found a two-pound bomb in the Cary home belonging to Dominic Bender's wife was illegal.
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Today's ruling could lead prosecutors to drop charges against the 28-year-old Bender.
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In April, prosecutors in Cook County dismissed charges against Bender stemming from the illegal search of his Schaumburg home.

Dominic J. Bender Multimedia Center
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Dominic Bender, 28, was arrested in November 2006 when police discovered the Internet-bought explosives in a duffel bag while serving an order of protection from his estranged wife.
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Scotillo agreed and ruled the explosives inadmissible because the arrest warrant limited officers to searching for Bender inside the townhouse.
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Bender, who was charged with unlawful possession of explosives and unlawful use of a weapon, was renting a room in a townhouse at 1802 Fenwick Circle.

Police entered the residence after discovering he had an outstanding arrest for telephone harassment.

Authorities also found 10 handguns, five rifles and four shotguns during the search, but Bender never faced gun-related charges.