Man pleads not guilty in ricin case

0 Comments | Deseret News (Salt Lake City), Apr 30, 2008 | by Ben Winslow Deseret News

A Riverton man accused of knowing about the deadly toxin ricin being manufactured in his home made his first appearance in federal court.

Thomas Tholen, 54, appeared in federal court Tuesday on a charge of misprision of a felony -- the offense of concealing knowledge of a felony by someone who has not assisted in it.

"How do you plead to the indictment and the single count contained therein?" U.S. Magistrate Judge Paul Warner asked him.

"Not guilty, sir," Tholen replied.

The judge set a July 7 trial date for Tholen, who faces up to three years in prison and a $250,000 fine if convicted. Tholen, who makes a living as a freelance artist, was released on his own recognizance.

"I have nothing to say at this time," he told reporters outside the courthouse.

The case began in February when Tholen's cousin, Roger Bergendorff, was hospitalized with symptoms consistent with ricin exposure. Tholen went to clean out his room at an extended stay motel off the Las Vegas Strip and discovered vials of ricin.

Federal prosecutors allege Tholen knew the ricin had been made when Bergendorff lived at the man's Riverton home between January 2005 and August 2006.

"In Las Vegas, authorities asked him repeatedly if he knew anything about ricin manufacturing," assistant U.S. Attorney John Huber said. "He said, 'no.'"

An FBI search warrant unsealed Tuesday claims Tholen believed that Bergendorff made the ricin in his basement.

"Tholen stated that Bergendorff regularly expressed anger at people he had perceived wronged him," FBI Special Agent Greg Scott Rogers wrote in an affidavit filed with the warrant.

"Tholen stated that he did not report Bergendorff's production and possession of ricin because of a number of other items located in his basement and storage shed that he could get in trouble for," Rogers wrote, adding that Tholen gave FBI agents a list that included detonation cord, blasting caps, booby trap simulators, practice grenades, an AK-47 and other guns.

Tholen's attorney, Greg Skordas, declined to comment on the search warrant Tuesday and said that his client was fully cooperative with the FBI.

"Tom denies he ever misrepresented or lied about this case," Skordas said.

Bergendorff is facing federal charges in Las Vegas accusing him of possessing a biological toxin. Ricin is a deadly toxin derived from castor beans. Health officials have said a tiny amount can be lethal.

E-mail: bwinslow@desnews.com