Appeal is filed to keep bombing suspect in custody

A Davis Junction man, facing conspiracy charges in connection with a 2004 bombing in Arizona, remains in custody while federal prosecutors try and convince a judge in Arizona that he should not be released at all.

Daniel Mahon, 58, appeared briefly before Magistrate Judge P. Michael Mahoney Monday morning at the federal court building in Rockford.

The purpose of Monday's Nebbia hearing was to determine if a $50,000 cash bond, offered by Daniel's father, William, was coming from a legal source.

Defense attorney Dennis Ryan, told Mahoney that the $50,000 would be coming directly from Daniel's 88-year-old father.

"Mr. Mahon has indicated that this is coming from his savings account, held at a local bank," said Ryan. "This is money he has earned and he has direct control over."

Ryan said no other groups or individuals contributed to the bond.

On July 1, Mahoney ruled that Daniel was not a danger to the community and could be released, as long as the source of his $50,000 cash bond was known and accepted by the court.

On that same day, Mahoney ruled that Daniel's brother, Dennis, would not be released.

Dennis, Daniel's twin brother, is charged with conspiracy and additional counts of malicious damage of a building by means of explosive and distribution of information related to explosives.

U.S. Attorney John McKenzie argued that both men were flight risks and dangers to the community and should be held without bond pending court appearances in the United States District Court of Arizona—where the charges originated.

The brothers were taken into custody at 6:45 a.m. on June 25 after federal agents and Ogle County Sheriff's deputies searched their parent's home at 5794 Blackwood Road east of Davis Junction.

Agents from the US. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and U.S. Postal Inspection Service said they found assault rifles, hundreds of rounds of ammunition, two improvised explosive devices (IEDs), bullet proof vests, and white supremacist materials in the home.

Mahoney agreed to stay his bond order for Daniel until Monday allowing prosecutors time to prepare for the Nebbia hearing and possibly enter an appeal.

Federal prosecutors in Arizona have appealed Mahoney's decision stating that Daniel was "both a flight risk and a danger to the community."

According to Arizona court documents, U.S. District Judge David J. Campbell, stayed Daniel's release until July 8, at 5 p.m., Arizona time.

The appeal argues that Daniel is charged with "promoting racial discord on behalf of the 'White Aryan Resistance (WAR)' by damaging and destroying buildings, facilities and real property of both the government and businesses who activities the defendants believed conflicted with their goals."

The appeal goes on to say "Defendants also conspired to teach the tactics of terrorism with the intent that others commit acts on behalf of WAR."

The indictment against Daniel alleges that "On or about Sept. 26, 2003, Dennis Mahon, using the phone of Daniel Mahon, called the City of Scottsdale Office of Diversity and Dialogue office, and left a voice message stating that 'the White Aryan Resistance is growing in Scottsdale. There's a few white people who are standing up.' "

The indictment also alleges that Daniel, "taught an individual how to plan for criminal activity, how to dress to avoid detection by law enforcement, and how to blow up a vehicle by releasing phosphorus compound into its gas tank" in January 2005.

Prosecutors also allege the brothers planned and discussed trips to gun shows in 2005 to acquire books about making bombs and materials to make them.

Mahoney ruled Monday that Daniel had met the requirements for the bond, but that order remains on hold pending a ruling on the appeal.

Late Monday afternoon, Ryan said he is hopeful Mahoney's decision will stand and his client will be released on bond.

"My hope is that he will still be released," said Ryan. "He is a neophyte in this system. He and his brother have no criminal history."

Bond conditions set by Mahoney on July 1 include:

• limiting his travel to the Northern District of Illinois.

• direct path must be taken when traveling to Arizona for pending court appearances.

• Internet service to the Mahon home must be terminated. No Internet use for the defendant.

Further court dates for both Dennis and Daniel will be held in Arizona.