Commonwealth v. Prater

McDONALD, Judge:

This case is on review of an order of the circuit court which prohibited the Commonwealth from playing before a jury a tape recording of the rape and complicity to rape for which the appellees/defendants1 below were indicted.

*493The facts we deal with are abbreviated. Bruce Prater danced with the prosecution witness, Kimberly Johnson, at the Highlander in Salyersville. When the establishment closed Kim rode with Prater to Dale Stephens’ trailer along with Stephens and Jeff Markland. Bruce Prater had consen-tual sex with Kim in the the bedroom of the trailer but then she claims she…