Davidson County Chancellor I’Ashea Myles heard arguments Monday – many of which were laden with emotion – on a consolidated lawsuit seeking the release of the Covenant School Killer’s manifesto and related writings.
Myles is expected to issue an order on Wednesday that will decide whether Covenant Presbyterian School parents, the private Christian school, and the Covenant Presbyterian Church can intervene in the lawsuit.
The Chancery Court for the 20th Judicial District-Davidson County in Nashville is now presiding over multiple lawsuits — including separate complaints filed by The Tennessee Star and The Tennessean — demanding Metropolitan Nashville Police Department (MNPD) make public the manifesto and related documents of Audrey Elizabeth Hale (pictured above in security camera footage during the attack). It’s been two months since the 28-year-old woman who identified as a transgender man stormed into the Nashville school and shot dead three 9-year-olds and three staff members.
Parents of Covenant Presbyterian School children last week filed a motion to intervene in the lawsuit, asking that Hale’s writings be kept from the public eye. They have an interesting ally in the form of the Metro Nashville government, which argues the Covenant School killings remain under investigation and therefore the police department is not bound under Tennessee Public Records laws to release Hale’s writings.
The Tennessee Star, the National Police Association, and the Tennessee Firearms Association, among other plaintiffs, argue the rule and court case Metro Nashville cites do not apply because Hale is dead — shot by police within minutes of her deadly attack — and law enforcement officials have previously contradicted recent statements that there is an ongoing criminal procedure.
On Monday, Myles heard from attorneys on both sides of the First Amendment lawsuit.
Eric Osborne, attorney for Covenant school parents, argued that releasing the killer’s records could increase the chances of “copycat” incidents. He claimed his clients should be afforded victims protections under the state constitution, protections that arguably do not apply to the release of public records.
Attorneys for the intervening parties failed to file a pleading formally explaining their basic position, a court document required under law. Attorneys said that could disqualify the parents, school and church from intervening in the lawsuit, but that seems unlikely given the emotionally charged nature of the legal complaint.
Metro Nashville’s attorney also told Myles that MNPD would not be turning over any more of Hale’s documents to the court, despite the fact that the chancellor has ordered all related documents released to the court for review. Myles seemed stunned, ultimately reminding the government attorney that the court, not Metro Nashville, is the arbiter of the records rules. The city argued that Hale’s manifesto and related writings are simply too “voluminous” to turn over to the court, a questionable assertion given previous public statements about the documents. Myles agreed to come to the police department to review the records.
Myles began Monday’s lengthy status conference meeting seemingly adamant about keeping the scheduled show cause hearing, slated for June 8, in place. By the end of Monday’s proceedings, the chancellor acknowledged that the many moving parts in the lawsuit will likely require expanding the court schedule.
MNPD officials, meanwhile, claim that their “ongoing investigation” into the Covenant School massacre could take a year to complete. They did note in a sworn declaration that they are not opposed to releasing a redacted copy of Hale’s writings in the interim.
Several Republican lawmakers have called for the immediate release of the records. State Senator Todd Gardenhire (R-Chattanooga) is a plaintiff in The Tennessean lawsuit. Governor Bill Lee has called a special session for August to take up gun bills in response to the Covenant School shootings. The Tennessee Firearms Association, one of the plaintiffs in the lawsuit, has sought the Hale manifesto in advance of that session.
“I can’t ignore the possibility that my position may be totally shut out and nobody gets anything,” said Douglas Pierce, attorney for Clata Renee Brewer, a plaintiff in one of the original lawsuits seeking the records filed by the National Police Association. “The police department said they are ready to release it. The intervenors say to never release it. I’m hopeful we’re going to get something out of this.”
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M.D. Kittle is the National Political Editor for The Star News Network.
Photo “Audrey Elizabeth Hale” by Metropolitan Nashville Police Department.
