Commonwealth v. Upshur

*501OPINION BY

JOHNSON, J.:

¶ 1 In this case we consider whether the electronic media enjoys either a common law or constitutional right of access, before trial, to a copy of an audiotape played during a preliminary hearing where the Commonwealth introduced the audiotape as part of its prima facie case. On appeal, the Commonwealth argues that the trial court abused its discretion when it found that a local television station’s interest in obtaining the audiotape was greater than the Commonwealth’s interest in prosecuting the case and protecting the defendant’s right to a fair trial. We conclude…