In the first arguments on whether or not the Covenant School shooter’s so-called “manifesto” and other writings and journals will be released, those seeking to keep the documents from seeing the light of day have made what the judge overseeing the public records case said are “novel” legal arguments.
A two day show-cause hearing wrapped up Wednesday afternoon and were the first such arguments on the merits of whether or not the Metropolitan Nashville Police Department (MNPD) should release the shooter’s writings, as the case has been tied up in appeals and other delays for over a year now.
Nashville Chancellor I’Ashea Myles seemed amenable to the arguments of both sets of parties, in a case that has swelled to include a multitude of parties including MNPD and the Metropolitan Nashville government, news organizations, a police organization, and a firearms association.
Ms. Myles, in a ruling that was appealed last year and was ultimately upheld, allowed the school and its attached church as well as parents of a vast majority of the students to enter the case as third-party intervenors.
Ms. Myles on Wednesday said in closing remarks that she was sorry the victims were put in the situation they are in but she was required to put emotion aside.
“The situation that you find yourselves in is not one that is enviable by anyone,” Ms. Myles said. “Life sometimes just happens to us and we have to find a way to get through the unfortunate and sometimes tragic events that we did not cause…My role as a chancellor is to interpret the law and it is incumbent upon me to make a dispassionate ruling…I have to take the emotion out of it…and I have to interpret the laws as written by the legislature.”
Myles Warns Leakers
The chancellor also issued a stark warning to those who may seek to leak more of the shooter’s writings to the media. In late 2023, three pages of the manifesto were leaked to media personality Steven Crowder and subsequently published.
A resulting MNPD investigation could not reveal the source of the leak, but Ms. Myles warned the court would not take lightly to any more breaches.
“I will reiterate to whomever is listening to me today in regards to the leaked documents and the respect of the rule of law,” Ms. Myles said Wednesday. “This court upholds the Constitution of the United States, the State of Tennessee, [and] the rules of this court and I would appreciate if everyone did the same. So for anyone who is under the sound of my voice, who may have other intentions in regards to documents that were nefariously obtained, I would ask you, as we ask every citizen of Tennessee and the United States, to respect the rule of law.”
Copyright Novelty
Arguments in court filings and earlier hearings have largely centered on the public’s right to know by those seeking the records from the police department and school safety exemptions to public records law arguments being made by those seeking to keep the documents hidden.A new argument citing copyright as a reason MNPD should not release the shooter’s writings took up much of the hearing on Wednesday—an argument which various attorneys and the judge agreed was novel and unprecedented.
The main argument for blocking the release of documents related to the school shooting based on copyrights is that the parents of the shooter transferred ownership of the shooter’s writings to the Covenant Children’s Trust in order to prevent further harm to the children who survived the shooting.
Specifically, the counsel for the parents, Eric Osborne, argues that in June 2023, the parents of the shooter transferred all intellectual property rights to the writings to the Covenant Children’s Trust, with the express purpose of protecting the children and preventing the writings from being released.
Mr. Osborne asserts that this copyright transfer is now complete, giving him legal authority to represent the owner of the documents. He argues that copyright exists from the moment a work is created, so the parents have a valid copyright interest that prevents the documents from being disclosed under public records laws.
Douglas Pierce, attorney for the National Police Association and Tennessee resident Clata Brewer, argued that the intervenors lack a valid copyright interest in the documents, citing hurdles to establishing ownership.
Ms. Myles requested some post-hearing filings be made to further argue and rebut the copyright argument, as all attorneys and the judge admittedly were not well versed in that particular legal area. She noted she would issue an order in the coming days and responses and rebuttals would be required in coming weeks.
Other Arguments Against Release
Mr. Osborne also argued that releasing the shooter’s writings could inspire copycat attacks and endanger children. He cited declarations from law enforcement officials warning about the potential for copycat violence if the writings are released, although there is disagreement with this argument by other law enforcement officials.The parents argue that releasing the writings would lead to abuse, harassment and intimidation of the children who survived the shooting, violating their rights under the state’s Victims’ Bill of Rights constitutional amendment.
Attorney Rocky King, representing the Covenant Presbyterian Church, argued that the school security exemption is broad, and protects any information related to school security regardless of who created it.
Ms. Myles expressed some skepticism regarding the argument that all of the shooter’s writings are related to school security and exempt from disclosure.
“But when we’re talking about the personal journal or diaries, how is that related to school security,” she said in response to Mr. King. ”I’m just trying to understand how the legislature would have intended for the personal diary of thoughts and feelings of this shooter to be somehow under school security.”
Arguments For Release
The petitioners argue that the writings should be released because the contagion effect of a school shooting is limited and short-lived, according to expert testimony. They believe the writings have already been widely publicized, so further release would not increase copycat risk.They further argue there is no pending or contemplated criminal action related to the writings, because the shooter, Audrey Hale, is dead, so a Tennessee law preventing public records release amid ongoing investigations does not prohibit their release.
Attorney Rick Hollow, representing The Tennessean, argued the Victims’ Rights Amendment does not give intervenors standing to block release of public records based on personal concerns and that victims’ rights apply to those involved in an ongoing criminal prosecution, not to blocking public records requests.
Mr. Pierce argued that the writings should be released because there is no evidence that Ms. Hale intended for them to be copyrighted.
Metro’s View
Attorney for MNPD and Metro government, Lora Fox, praised MNPD and argued that redacted records from the investigation should be released to the public, with appropriate redactions made to protect personal information. She also cautioned against an over-broad interpretation that could improperly shield many documents from public disclosure.She also defended the perceived contradictions made in court filings by MNPD Lt. Brent Gibson, who is in charge of the Covenant investigation, and MNPD Assistant Chief Mike Hagar.
Mr. Gibson said in a filing last May that MNPD must continue its investigation before records are released, and that “releasing any of the puzzle pieces too quickly could jeopardize putting this intricate puzzle together,” adding at the time that, “While we believe at this time that the assailant acted alone in this case, we do not know for sure.”
Likewise, Mr. Hagar said that he did “not believe that releasing the redacted version of the writings will impede the investigation” and that “the MNPD does not object to the release of the redacted records, if after having heard from all interested parties and the Covenant parents, if this Court should so direct.”
“I don’t mean to create some conflict where there is none,” she said. “I just think that one of them was higher ranking and felt that if the court demanded that some of these documents be released, that these were the ones that would not affect the investigation, whereas Lt. Gibson is doing the nitty gritty and dealing with on a day to day basis, and I don’t think that was his call.”
Preceding Events
Ms. Hale, a former student of The Covenant School, killed six people in last year’s shooting, including three children, and injured another child. The shooter died as police exchanged gunfire with her upon arriving on the scene.In the days after the shooting, Nashville Police Chief John Drake noted that Ms. Hale, a female-to-male transgender person, left behind a litany of documents, going as far as saying she left behind a “manifesto.”
Various public records requests, including those submitted by The Epoch Times, were denied. Nashville Police cited a Tennessee rule that allows public records to be withheld amid ongoing investigations.
Ms. Fox said MNPD expects the investigation into whether or not there are any collaborators will be completed around July, noting it is their opinion that at that point redacted versions of Ms. Hale’s writings should be released.
Whatever decision Ms. Myles makes will set a precedent in Tennessee for challenges to public records requests and the rights of involved parties and victims.
Generally, all parties and Ms. Myles have said in court they expect her decision to be appealed.
