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Tennessee judge denies release of Covenant school shooter’s writings to the public

by LJ News Opinions
July 5, 2024
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The writings of a Nashville school shooter won’t be made public, a Tennessee judge ruled late Thursday, finding that there is more harm to be done in releasing them now.

“When there is a pending or contemplated criminal investigation, Tennessee courts have determined that unfettered access to every record at any time does not serve to uphold the system of justice that we all depend upon to ensure that the criminal legal system and investigations remain fair and impartial for every involved person,” Davidson County Chancery Court Judge I’Ashea Myles wrote in her decision.

“Therefore, the right to unencumbered access to public records was tempered by certain exceptions which serve to keep certain information from disclosure as the risk of harm from disclosure is outweighed by the public’s right to know,” she said.

Myles concluded that no records held by Nashville government officials shall “be disclosed at this time,” suggesting that the writings could still become public at a later date; those seeking for their release could also appeal the ruling.

Her order comes after months of litigation among police officials, the media and family members of victims battling over the release of records from the March 27, 2023, mass shooting at The Covenant School, a Christian grade school. Heavily armed former student Audrey Hale killed three children and three staff members before police fatally shot the shooter on the school’s second floor.

But in the weeks after the shooting, a motive remained unclear, beyond an early suggestion that the 28-year-old shooter may have felt resentment toward the school.

Authorities have said the shooter’s writings appeared to be ramblings indicative of a mental health struggle, and Nashville police offered to make the writings public once their investigation concluded.

But the looming release of the writings quickly became a flash point and has led to legal wrangling between various parties who have demanded it should be released in the public interest, while others, including family members of the victims, suggesting it would only inspire copycats.

Lawyers representing both media companies seeking the writings’ release and Covenant families could not immediately be reached for comment Friday.

The issue only became further complicated in November, when portions of the shooter’s writings were made public by conservative podcast and YouTube show host Steven Crowder. Then, last month, the Tennessee Star, a conservative news site, published more writings and a purported suicide note by the shooter.

The November breach led Nashville Mayor Freddie O’Connell to call for an investigation into the unauthorized release and have seven city police employees placed on “administrative assignment.”

While the Metro Nashville Police Department’s Office of Professional Accountability found that the writings came from cellphone photos taken of the shooter’s journals and found by detectives inside the shooter’s car, the investigation concluded without any permanent action when a former detective did not cooperate.

A spokesperson for the parents called the person who publicly released the images of the writings “a viper” and said the person “released evidence that was gathered in our most vulnerable moment.”

Some parents of Covenant students and teachers had also spoken out against a state bill to allow staff at public or private institutions in Tennessee to carry weapons in school with approval. Gov. Bill Lee, a Republican, signed the legislation into law in April, telling reporters, “What’s important is that we give districts tools and the option to use a tool that will keep their children safe.”



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