Tholen, a 54-year-old freelance artist, also knew Bergendorff had a cookbook on how to make the biological toxin- a substance so powerful that just 500 micrograms of it, about the size of the head of a pin, could kill a person.
But on Monday, Tholen told U.S. District Judge Tena Campbell in Salt Lake City he lied to FBI agents about Bergendorff's involvement with ricin because he didn't know it was a federal offense to produce the toxin, and that he was worried about his family's safety.
"I was scared," Tholen said.
Tholen pleaded guilty to knowing a biological agent had been illegally produced and also to making an untruthful statement to conceal the offense. Tholen could face up to three years in prison and a $250,000 fine when he is sentenced Oct. 22. He has been free pending resolution of his case.
Earlier this month, Bergendorff, 57, pleaded guilty in a Las Vegas federal court to possession of the deadly toxin and possession of unregistered firearms. As part of Bergendorff's plea, the former Utahn agreed to forfeit a pistol and two silencers. He faces up to 10 years in prison and a $250,000 fine on each count when sentenced Nov. 3 by U.S. District Judge Robert C. Jones. Prosecutors are recommending 37 months behind bars.
According to court records, Bergendorff, who had been living at the Extended Stay America Hotel in Las Vegas, knowingly possessed the biological agent for an "unjustified purpose."
Bergendorff's illegal activities surfaced Feb. 14 when he contacted medical personnel and said he was having problems breathing. Authorities say they found ricin, two semi-automatic pistols, a rifle and a pistol with a silencer in his room.
Bergendorff, who had symptoms consistent with ricin exposure, slipped into a coma but recovered. He has been in custody since his discharge from the hospital.
Bergendorff had lived with Tholen in Riverton from January 2005 through April 2006 before moving to a house across the street for about six months and then to Las Vegas, according to court documents.
