October 30, 1998

FOR IMMEDIATE RELEASE

Contact: Ray Masters
Phone: 717-476-1530
E-mail: gail4rep@mailexcite.com
Website:  http://www.angelfire.com/pe/gail4rep

POCONO TOWNSHIP, PA - State Representative candidate, Gail Mastroberte, urged voters to JUST SAY NO to Joint Resolution 2, a proposed Constitutional Amendment that would give state prosecutors the right to demand a jury trial in a criminal case even if the defendant chooses to be tried by a judge.
"The  Pennsylvania Constitution guarantees the individual right for protection against the government," said Mastroberte. "The proposed amendment would give the state more power that could be use against innocent defendants.
This comes on the day of a visit by State Attorney Michael Fisher to Stroudsburg promoting a positive passage of the ballot question.
"A prosecutor's ability to demand a jury trial will cause the innocent to plead guilty simply on the fact that they cannot afford the added expense of a jury trial.  This results in giving up one's life savings, their families and friends in order to vindicate themselves.
Mastroberte favors resuming of the former practice of all judges fully informing jurors about their right to judge both the law and the facts in a case.  She called this, "real jury reform."
She said that historically jurors have the right to vote their conscience and nullify bad laws.  The very famous case of William Penn, Pennsylvania's founder, can attest to this fact."
Mastroberte insisted that any "yes vote" on Joint Resolution 2 would bring higher taxes.  "Giving the government the right to demand jury trials leads to more and more expensive trials, a court backlog, salaries for more judges, court personnel, attorneys and more prisons.
According to official PA Department of Corrections numbers, the budget for prisons in '96-97 was $898,696,000, and for '98-99 is $1,027,917,000.  It is one of the largest growing components to the State Budget.
"All Pennsylvanians must be made aware of these facts before voting to amend the State Constitution.  Trial by jury is a most revered American right; it should not be tampered with," said Mastroberte.
"We need to empower jurors, not the government," maintained Mastroberte.  "I support victim restitution including monetary and manual restitution as a condition for parole or release; allow prisoners to work and earn money for restitution to their victims and families; the  strengthening of life sentences;  let victims veto prosecutor plea bargain arrangements; let juries recommend verdicts and sentences; and out-of-court arbitration between consenting parties; and reserving limited prison space for murders, rapists and robbers.  We don't need to tinker with the Constitution to do this."
Mastroberte was unsure whether or not Representative Battisto voted in the affirmative for this Amendment, but questioned, "Are our representives wishing to amend, Article 1, the Declaration of Rights?  If so, Section 25 states, "To guard against transgressions of high powers which we have delegated, we declare the EVERYTHING IN THIS ARTICLE IS EXCEPTED OUT OF THE GENERAL POWERS OF GOVERNMENT AND SHALL FOREVER REMAIN INVIOLATE."
Gail Mastroberte is a registered nurse residing in Pocono Township with her husband, Raymond, and their two children, David and Lisa.  She is challenging State Representative Joseph W. Battisto for a seat in the Pennsylvania General Assembly.