ORDER

AND NOW, this 18th day of August, 1999, this appeal is DISMISSED as improvidently granted. Consequently, appellants’ motions to suppress portions of ap-pellee/cross-appellant’s brief, to suppress portions of brief of amicus Family Research Council, and to suppress pre-sen-tence report and victim impact statement are DENIED.

Justice CAPPY files a dissenting statement in which Justice NEWMAN joins.

dissenting.

I dissent from the decision of the majority to dismiss this matter as having been improvidently granted. I would reach the issues as presented because I have grave doubts whether 18 Pa.C.S. § 2904(a) was intended to apply to factual situations such as those presented in this case.

Justice NEWMAN joins this Dissenting Statement.