NASHVILLE, TN - On Thursday, July 4th, a Tennessee judge ruled that the journal entries of the former Covenant school student who shot and killed three students and three staff members before being fatally shot by responding police will not be made public.
According to NBC News, the order comes after months of litigation among police officials, the media, and family members of the victims battling over the release of records from the March 27, 2023 mass shooting.
In her decision, Davidson County Chancery Court Judge I'Ashea Myles wrote, "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."
She added, "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." Myles concluded that no records held by Nashville government officials shall "be disclosed at this time," suggesting that the writings in the journal could still become public at a later date.
As of the ruling, at least one media company plans to appeal. In the weeks and months after the shooting, police were still unable to conclude the motive of 28-year-old Audrey Hale, who was reportedly transgender. Authorities said that the journal writings that were found during the investigation appeared to be ramblings indicative of a mental health issue that Hale was struggling with.
Initially, the Nashville Police Department said that they would make the writings public once their investigation was over. However, that announcement quickly became a hot topic between media companies who have demanded that it should be released in the interest of the public and with family members of the victims who believe releasing it will only inspire copycats.
The claim over the ownership of Hale's writings was also disputed. In 2023, Hale's parents transferred legal ownership of the documents to the families of about 100 Covenant students. The school and families have argued that the journal entries are private because they fall under a state law that protects records related to school security.
Families of the victims expressed relief in Myles decision. Erin Kinney, the mother of William Kinney — one of the three children killed said, "This opinion is an important first step to making sure the killer can't hurt our babies anymore."
The family of substitute teacher Cindy Peak, 61, one of the three adults killed that day, said the ruling "brings a measure of relief in our family," adding, "Denying the shooter some of the notoriety Hale sought by not releasing the shooter's vile and unfiltered thoughts on the world is a result everyone should be thankful for."
Myles ruling comes more than a year after several groups filed public records requests for the documents seized by Nashville police during their investigation. According to NBC4, some believe that the journal entries will reveal that Hale carried out a planned hate crime against Christians.
The shooter left behind nearly 20 journals, a suicide note and a memoir, as noted in the court filings. The groups suing for the immediate release of the records include news outlets, gun rights groups, law enforcement non-profits, and Tennessee state Sen. Todd Gardenhire. A group of Covenant parents intervened in the case, arguing that the records should never become public as the release would be traumatic for the families and could inspire copycat attacks.
The Covenant School and the Covenant Presbyterian Church, which shares a building, also intervened in the case saying that the records should remain closed because their release could threaten their security.
While Myles' ruling will shield many of the documents created by Hale from public release, other documents in the police file can be released once the case is officially closed as long as they fall under Tennessee's open records law.
According to NBC News, the order comes after months of litigation among police officials, the media, and family members of the victims battling over the release of records from the March 27, 2023 mass shooting.
In her decision, Davidson County Chancery Court Judge I'Ashea Myles wrote, "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."
She added, "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." Myles concluded that no records held by Nashville government officials shall "be disclosed at this time," suggesting that the writings in the journal could still become public at a later date.
As of the ruling, at least one media company plans to appeal. In the weeks and months after the shooting, police were still unable to conclude the motive of 28-year-old Audrey Hale, who was reportedly transgender. Authorities said that the journal writings that were found during the investigation appeared to be ramblings indicative of a mental health issue that Hale was struggling with.
Initially, the Nashville Police Department said that they would make the writings public once their investigation was over. However, that announcement quickly became a hot topic between media companies who have demanded that it should be released in the interest of the public and with family members of the victims who believe releasing it will only inspire copycats.
The claim over the ownership of Hale's writings was also disputed. In 2023, Hale's parents transferred legal ownership of the documents to the families of about 100 Covenant students. The school and families have argued that the journal entries are private because they fall under a state law that protects records related to school security.
Families of the victims expressed relief in Myles decision. Erin Kinney, the mother of William Kinney — one of the three children killed said, "This opinion is an important first step to making sure the killer can't hurt our babies anymore."
The family of substitute teacher Cindy Peak, 61, one of the three adults killed that day, said the ruling "brings a measure of relief in our family," adding, "Denying the shooter some of the notoriety Hale sought by not releasing the shooter's vile and unfiltered thoughts on the world is a result everyone should be thankful for."
Myles ruling comes more than a year after several groups filed public records requests for the documents seized by Nashville police during their investigation. According to NBC4, some believe that the journal entries will reveal that Hale carried out a planned hate crime against Christians.
The shooter left behind nearly 20 journals, a suicide note and a memoir, as noted in the court filings. The groups suing for the immediate release of the records include news outlets, gun rights groups, law enforcement non-profits, and Tennessee state Sen. Todd Gardenhire. A group of Covenant parents intervened in the case, arguing that the records should never become public as the release would be traumatic for the families and could inspire copycat attacks.
The Covenant School and the Covenant Presbyterian Church, which shares a building, also intervened in the case saying that the records should remain closed because their release could threaten their security.
While Myles' ruling will shield many of the documents created by Hale from public release, other documents in the police file can be released once the case is officially closed as long as they fall under Tennessee's open records law.
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Comments
2024-07-07T20:26-0500 | Comment by: Christopher
This decision has to be reviewed on appeal. The people were promised this entire tragedy would be shared, openly. The whole delay in this process, once again, leads one to have no faith in LE or the media, and certainly not the JUDICIARY.
2024-07-09T08:31-0500 | Comment by: DS
WE KNOW ALL WE NEED TO KNOW about that HORRID TRANS that murdered these people... PERIOD ! No WOKE judge can change that ... EVER.