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Commonwealth v. Tyson

Where newspaper reporters failed to comply with court's order that they produce defendant's verbatim statements made prior to his criminal trial, contempt order affirmed; reporters were only sources of statements, except for defendant, that were crucial to Commonwealth's case; privilege created by First Amendment and Shield Law did not apply because defendant was not a confidential source.

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OPINION

� 1 Mark Bowden and Linn Washington, Jr. appeal from the December 13, 2000, order entered by the Court of Common Pleas of Philadelphia County. This order held appellants in contempt for failing to comply with the court’s December 4, 2000, order, which required them to produce a defendant’s verbatim statements prior to his criminal trial. As a result, the court ordered them to “pay $100 per minute starting 12:00 noon [on December 13, 2000] until compliance or until the Commonwealth finally rests its case on rebuttal.” Order, 12/13/00. After thorough review, we affirm.

� 2 The two orders issued by the lower court and the instant appeal therefrom arise from the underlying criminal case against Brian Tyson. See Commonwealth v. Tyson, Philadelphia County, No. 9710-0014. On the evening of September 23, 1997, Brian Tyson emerged from an alley in his Feltonville neighborhood and shot Damon Millner, a local drug dealer, killing him. Tyson was arrested later that night and charged with first-degree murder. While he admitted killing Millner, he told police that the victim and several other drug dealers were after him and that he shot him in self-defense.

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