(1888PressRelease)
January 31, 2007 - Dallas - Court records disclose that Judge Lynn asked Mr. Setser at the January 16, 2007 hearing if he had any reason why he should not be sentenced.
Mr. Setser then provided the court with evidence that FBI Director Robert S. Mueller III has admitted that FBI agent Matthew Segedy and others illegally entered the Setser home, searched it, and arrested Mr. and Mrs. Setser without warrants and that Dennis Roossien, the government's star trial witness, obtained the evidence presented at the trial illegally. Setser states that their 4th amendment right, protecting Americans against warrantless search and seizure, has been violated.
Additionally, Mr. Setser questioned the authority of the court to sentence after a trial relying on "fruit of a poisoned tree" and on a set of rules and laws that do not have a provision for imprisonment. He refers to a legal notice issued to Richard B. Roper, United States Attorney for the Northern District of Texas, on November 18, 2005, that Judge Joe A. Fish, in a separate case 3:02-V-0605, admitted in a letter of October 10, 2005, that "there is no authority in Title 18 (The Federal Criminal Code) to impose a sentence of any nature on a person tried by jury when a verdict of guilt is returned thereby."
Federal sentencing guidelines state 95% of all federal criminal cases actually by-pass the trial by jury process, and are concluded via plea bargain arrangements.
Cynthia Setser fired her attorney for ineffective counsel and withdrew her plea for reason of fraud and unlawful activities of the prosecution and others. She pointed out the absence of due process in their case which is guaranteed by the 5th amendment to the constitution.
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