Man charged in ricin case

The man arrested Wednesday for possession of ricin, a poison considered to be a weapon of mass destruction, had enough of the illegal toxin tucked inside his Las Vegas motel room to kill about 522 people, federal authorities said.

Roger Von Bergendorff, 57, was brought into U.S. Magistrate Peggy Leen's federal courtroom in a wheelchair on Wednesday to face charges that included possession of unregistered firearms, possession of firearms not identified by a serial number and possession of a biological toxin.

Leen ordered that Bergendorff remain in custody until his May 2 preliminary hearing, citing the serious nature of the crimes.

Despite federal public defender Paul Riddle's arguments that Bergendorff has a clean record and only had "fantasies" about committing crimes, Leen said the threats and fantasies show he is "inherently dangerous."

"This is scary stuff," U.S. Attorney Gregory Brower said after Bergendorff's hour-long hearing. "It's a case we and the FBI have taken very seriously."

Bergendorff placed an emergency phone call from his suite at the Extended Stay America, 4270 S. Valley View Blvd., on Feb. 14 and complained of breathing problems. He was rushed to Spring Valley Hospital and listed in critical condition with symptoms of congestive heart failure.

Riddle said Bergendorff's condition worsened. He caught pneumonia, suffered kidney failure and fell into a coma.

Nearly two weeks after he was admitted to the hospital, Extended Stay employees entered Bergendorff's room and discovered two .25-caliber semi-automatic pistols, a .22-caliber Ruger rifle and a .22-caliber Browning pistol. Each had a homemade silencer attached.

Las Vegas police summoned to the motel room found an "Anarchist's Cookbook" with recipes for deadly poisons. A page describing how to make ricin had been marked.

A total of 4 grams of the deadly substance later were discovered in a vial and a beaker stored in a bag in Bergendorff's room.

Cancer research is the only legal use for ricin. There is no antidote, and it can be lethal in quantities the size of the head of a pin.

FBI Special Agent Joseph Dickey said he does not believe Bergendorff is linked to terrorism. "Based on the results of our investigation, we do not believe the matter was related to a terrorist plot," Dickey said.

Brower reiterated that his office does not believe Bergendorff was working in concert with other individuals. He also does not believe Bergendorff has ricin stored in other locations.

"There is no public health or public safety threat," Brower said. "The ricin has been confiscated and preserved in a safe manner."

It is unclear whether Bergendorff's illness was related to exposure to the toxin. Dickey said that by the time the ricin was found in the motel room, Bergendorff had been in the hospital two weeks and the substance would have been flushed from his system.

Bergendorff has cooperated with federal agents since he emerged from his coma early last month. He told investigators that he ordered castor beans from a Michigan business to manufacture ricin in California, Utah and Nevada.

According to the complaint, Bergendorff mashed the beans with acetone to remove the oil. He wore a mask and gloves to protect himself from the poison he was producing.

"He kept it (the ricin) with him, exposing himself and others to the fatal consequences," said Assistant U.S. Attorney Gregg Damm.

FBI agents who searched Bergendorff's storage unit in Utah found a sketch of "an injection device disguised as a pen" that would be used to disseminate the toxin, the federal complaint states.

"Bergendorff admitted that there have been people who have made him mad over the years and he had thoughts about causing them harm to the point of making some plans," the complaint states. "However, he maintained he never acted on those thoughts or plans."

Bergendorff showed off his silencers to his cousin, Thomas Tholen, and explained he made them "because they were fun," according to the complaint. Tholen was arrested in Utah for having knowledge of Bergendorff producing ricin and not informing authorities.

Riddle told Leen that Bergendorff's thoughts were simply fantasies and he never intended to hurt anybody.

"These charges are very serious," Riddle said. "Nevertheless, Mr. Bergendorff is not the dangerous, malicious, scary person (authorities have made him out to be)."

Riddle argued that the community would be safe if Bergendorff was placed in a halfway house where he could be monitored and receive mental health treatment.

In making a decision, Leen weighed heavily a letter to federal authorities written by a close acquaintance of Bergendorff's. The acquaintance, whose full name was not given in court, said that Bergendorff needed to be managed and that Bergendorff had told stories of holding a gun to an individual's head on two occasions when he was angry.

Leen said the combination of the letter, ricin and silencers were enough to keep Bergendorff in custody.

"There is no fathomable reason to have silencers on weapons," she said.

Bergendorff was released from Spring Valley Hospital on Wednesday after a nine-week stay. His shoulder-length gray hair was slicked back, and his face was pasty white.

At the conclusion of Wednesday's hearing, Bergendorff addressed the judge briefly before he was cut off by his attorney.

"I am not a criminal, I am not a robber, I am not a thief, I am not a rapist, I am not a child molester," Bergendorff mumbled in a soft but scratchy voice. "It's not in my blood."

Contact reporter Adrienne Packer at 702-384-8710 or apacker@review journal.com.