Com. v. Rodriguez, V.

CourtSuperior Court of Pennsylvania
DecidedJune 10, 2026
Docket662 MDA 2025
StatusUnpublished
AuthorNeuman

This text of Com. v. Rodriguez, V. (Com. v. Rodriguez, V.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Rodriguez, V., (Pa. Ct. App. 2026).

Opinion

J-A07036-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : VERONIKA CELESTE RODRIGUEZ : : : No. 662 MDA 2025 APPEAL OF: LEBTOWN, PENNLIVE, : LNP MEDIA GROUP, INC. AND WITF :

Appeal from the Order Entered May 19, 2025 In the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0000430-2023

BEFORE: BOWES, J., DUBOW, J., and NEUMAN, J.

MEMORANDUM BY NEUMAN, J.: FILED: JUNE 10, 2026

Lebtown, Pennlive, LNP Media Group, Inc., and WITF (collectively,

“Appellants”) appeal from the trial court’s May 19, 2025 order denying their

motion to intervene and motion to unseal three docket entries. After review,

we reverse the court’s order.

We glean the following facts and procedural history from Appellants’

brief and the certified record.1 In the underlying criminal case, charges were

brought in April of 2025 against Veronika Celeste Rodriguez for making false

reports of a rape to law enforcement authorities. Rodriguez had reported to

police she had been the victim of an alleged sexual assault by an officer in the

Pennsylvania Air National Guard. During pretrial proceedings, the court issued ____________________________________________

1 We note the trial court did not file an opinion summarizing the facts and procedural history, nor did the Commonwealth file any brief with this Court. J-A07036-26

a gag order on December 17, 2024, prohibiting counsel, Rodriguez,

Rodriguez’s family, and all witnesses from disseminating information about

the case, including to the press. See Order, 12/17/24, at unnumbered 1

(“This order shall preclude any above[-]listed persons from speaking with

anyone in the news media, online media, or any other source.”).

According to Appellants, “[b]eginning in early 2025, three unknown

entries appeared on the docket as ‘sealed’ without explanation.” Appellants’

Brief at 8. Two of those docket entries were dated February 10, 2025, and

the third was dated May 2, 2025. As will be discussed infra, those records

have since been unsealed and, thus, we now know the two sealed docket

entries on February 10, 2025, were the Commonwealth’s “Motion to Allow

Dissemination and Transcription” and the trial court’s order granting that

motion.2 The May 2, 2025 docket entry was a “Motion in Limine” filed by the

Commonwealth, requesting it be permitted to introduce at trial “text

messages, video and audio recordings, photographic records, and social media

interactions obtained from [Rodriguez’s] cellular telephone, as well as witness

testimony describing [Rodriguez’s] habit of maintaining records of her ____________________________________________

2 The Commonwealth’s motion stated “any audio/video evidence to be used

at trial must have an accompanying transcript[,]” and requested, because of the court’s gag order, “permission to provide said recordings to the [c]ourt [r]eporter to allow for transcription.” Motion, 2/10/25, at 1 (unnumbered). The Commonwealth further declared the “[c]ourt [r]eporter would then be subject to the [g]ag [o]rder,” and asked for “the sealing of this [o]rder to discourage further social media incidents.” Id. The court’s February 10, 2025 order set forth that the “evidence is permitted to be sent to certified court reporters to transcribe in anticipation of [t]rial. The motion and this [o]rder are to remain sealed.” Order, 2/10/25, at 1 (single page).

-2- J-A07036-26

interactions with married or unavailable paramours as leverage in the event

her surreptitious affairs came to light.” Motion, 5/2/25, at 2. The record

indicates the motion in limine had been presented to the court one day before

it was filed, at a hearing on May 1, 2025. The transcripts from that hearing

show that text messages obtained from Rodriguez’s phone (and which were

attached as exhibits to the Commonwealth’s motion) were displayed on a

screen and also read into the record. N.T. Hearing, 5/1/25, at 2, 4, 5-16, 18-

21, 40-51, 56-62. There was no mention of sealing the motion in limine at

any point during the May 1, 2025 hearing, and we do not discern anywhere in

the written motion that a sealing request was made.3 Nevertheless, when the

motion was entered on the docket on May 2, 2025, it was sealed.

On May 19, 2025, Appellants filed a “Motion to Intervene and Unseal,”

requesting the court grant their motion to intervene and unseal the two docket

entries on February 10, 2025, and the docket entry on May 2, 2025. That

same day, the court entered an order summarily denying Appellants’ request

____________________________________________

3 However, at the end of the proceeding, the Commonwealth raised an issue

concerning whether Rodriguez had violated the gag order by sending text messages indicating she was going to speak about the case on a podcast. See id. at 64. The court advised the Commonwealth to “file something” if it sought further action on the gag order. Id. The Commonwealth thereafter filed a motion for bail revocation based on Rodriguez’s alleged violation of the gag order, and a hearing was conducted on May 8, 2025. At the close thereof, the court entered an order clarifying Rodriguez was not permitted to “communicate anything related to this case with any other individuals at any time except for counsel, defense witnesses[,] and family members.” N.T. Hearing, 5/8/25, at 33-34. The court also stated all other provisions of the original December 17, 2024 gag order remained in full force and effect. Id. at 34.

-3- J-A07036-26

to intervene and their motion to unseal. See Order, 5/19/25, at 1 (single

page). The court offered no explanation in the order for its rulings.

Appellants filed a timely notice of appeal from the court’s order.4 The

court ordered Appellants to file a Pa.R.A.P. 1925(b) concise statement. Before

Appellants did so, Rodriguez’s case proceeded to a jury trial on May 23, 2025,

at the close of which the jury convicted her of interception of communications

(18 Pa.C.S. § 5703(1)), disclosure of communications (18 Pa.C.S. § 5703(2)),

and false reports to law enforcement authorities (18 Pa.C.S. § 4906(a)).5 On

May 27, 2025, the court issued an order removing the gag order. That same

day, Appellants filed their Pa.R.A.P. 1925(b) statement.

On July 11, 2025, the trial court issued an order responding to

Appellants’ Rule 1925(b) statement and concluding “the issues raised on

appeal are moot.” Order, 7/11/25, at 1 (single page). The court explained

that, “[o]n May 23, 2025, the jury trial at issue in this matter concluded and

all information and docket entries were unsealed. Because all documents are ____________________________________________

4 “It is well settled that an order that denies a request for public access to a

criminal proceeding or judicial documents constitutes a collateral order from which an immediate appeal may be taken.” Commonwealth v. Selenski, 996 A.2d 494, 495 n.2 (Pa. Super. 2010) (internal citations and quotations omitted). See also Feliciani v. Impact Project, Inc., 347 A.3d 682 (Pa. Super. 2025) (permitting appeal from an order denying a newspaper’s petition to intervene and unseal the record); PA ChildCare LLC v. Flood, 887 A.2d 309, 310 n.1 (Pa. Super.

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