Fox Television went to court to get a copy of a 911 tape containing a woman's pleas for help before her death.

But KSTU-Channel 13 news director Geoff Roth said station officials haven't decided when the tape will be aired.The tape contains two 911 calls Misty Jo Marchant made in the seconds before she and fiance Kirt Swann were shot and killed by Marchant's estranged husband, Kenneth Marchant, at her West Point home on July 3, 1994.

On the tape, Misty Marchant can be heard pleading for her life, gunshots are fired and Marchants' daughter, Kamiah, can be heard crying for her mother. Kenneth Marchant left the home and killed himself.

Second District Judge Glen R. Dawson ruled that Davis County officials had to turn over copies of the tape and related police reports to the television station.

"It's a vindication of the open records law in Utah," Fox attorney Jeffrey J. Hunt said. "It's a vindication of the principle that it's not appropriate for the county to decide what the citizens should or should not hear on the air or read in the newspaper."

Dawson, in a ruling last week, found that the tape is a public record under the Government Records Access and Management Act and should be released.

Fox also sought, in the suit filed in September 1994, access to two police reports on Kenneth Marchant involving alleged child abuse. One of the reports was filed just days before the shooting.

Dawson ruled that the reports should be released.