With no explanation, chose the best option from "A", "B", "C" or "D". or photograph is not closely related to a controlling issue. Pa.R.E. 1004. If the originals are not available at trial in criminal cases, through no fault of the Commonwealth, secondary evidence is permissible. Fisher, supra; Binder on Pennsylvania Evidence § 10.04 at 622 (discussing burden of proof with respect to unavailability of evidence). As to the admissibility of “other evidence” of contents of writings, recordings, or photographs, Rule 1008 also provides: Rule 1008. Functions of court and jury When the admissibility of other evidence of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordi (Pa.Super.2000), appeal denied, 566 Pa. 662, 782 A.2d 545 (2001) (<HOLDING>). But see Lewis, supra (reversing and remanding

A: holding eyewitness testimony obviates need to produce videotape made simultaneously videotape evidence does not rise to level of best evidence when eyewitness testifies from personal knowledge
B: recognizing the right of a defendant to comment upon the failure of the state to produce evidence
C: holding any improper delegation did not rise to level of plain error
D: holding that best interest of child need only be proven by a preponderance of the evidence
A.