Hal Neilson, one of the attorneys representing Paul Kevin Curtis, said that charges have not yet been dropped against Curtis. He says Curtis is out on bond but that conditions of the bond are sealed by the court.
The development comes hours after officials canceled a detention and preliminary hearing on Tuesday.
Curtis was arrested Wednesday at his house in Corinth, Miss., and charged with sending ricin-laced letters to Obama, Sen. Roger Wicker and a Lee County, Miss., judge.
Through an attorney, the 45-year-old Curtis has said he is innocent.
Over the weekend, FBI agents searched Curtis' home and car, along with his ex-wife's house. They found no trace of ricin or anything used to make ricin. Curtis' computers were also seized. Investigators have not found any data pertaining to ricin.
An affidavit states that the FBI identified Curtis as a suspect based on clues in the tainted letters, which read:
No one wanted to listen to me before.
There are still 'Missing Pieces'
Maybe I have your attention now
Even if that means someone must die.
This must stop.
To see a wrong and not expose it,
Is to become a silent partner to its continuance
I am KC and I approve this message
The first letter was intercepted at a mail processing facility in Maryland on April 16, addressed to Sen. Wicker. U.S. Capitol Police inquired with Wicker's staff on constituents with the initials KC, and came across Curtis, who had previously sent multiple communications to Wicker's office signed, "this is Kevin Curtis and I approve this message." Curtis also made several references to 'Missing Pieces' on his Facebook page and in e-mails to U.S. Congressman Alan Nunnelee.
Identical letters addressed to President Obama and a Lee County, Mississippi Justice Court Judge were also intercepted.
On April 12, Curtis posted a picture to his Facebook page with the quote "To see a wrong and not expose it, is to become a silent partner to its continuance." He also refers to himself as "KC".
The affidavit also notes that Curtis had been investigated by the Booneville Police Department several times since 2007, including an incident where his ex-wife reported Curtis was extremely delusional, anti-government, and believed government drones were spying on him.
"The evidence is lacking, it is not there," stated Kevin's attorney, Phillip H. Neilson, on Monday. "You have information over the internet and Facebook and you've got millions of people that could access that, and that's what they have."