In re Buchanan

On June 21, 2001, Randall Buchanan was found murdered in his apartment. In 2005 the murder remained unsolved, and the investigation remained open. Pennsylvania law required that within 30 days of the end of each calendar year, the coroner release all official records from that year for inspection by the public. The Altoona Mirror (plaintiff) requested access to the autopsy report for the Buchanan homicide. The Commonwealth of Pennsylvania (the commonwealth) (defendant) filed a motion to seal the autopsy report because the investigation was still pending. At trial, the coroner testified that the autopsy report contained detailed descriptions of the deceased’s condition and included information that was not generally known to the public. A representative from the police department testified that the police frequently used unpublicized details from autopsy reports during their investigations to identify potential suspects and witnesses. The trial court denied the commonwealth’s request to seal the autopsy report and ordered that it be produced to the Altoona Mirror for review and inspection. However, the trial court did not make any findings of fact regarding whether the release of the report would substantially impede the ongoing investigation, nor did it conduct an in camera review of the records. The commonwealth filed an appeal, and the superior court reversed the trial court’s decision and held that the autopsy report could be sealed if the commonwealth could demonstrate that the release of the report would substantially hinder a pending criminal investigation. The superior court further determined that although the law requiring that the coroner make autopsy reports available to the public did not contain an express exception for pending law-enforcement investigations, the courts had a common-law right to restrict disclosure. The Altoona Mirror filed an appeal.