Tennessee Chancery Court Judge I’Ashea L. Myles ruled in a decision released at 11:58 pm on Thursday that none of the writings left by Covenant School killer Audrey Elizabeth Hale shall be released to the multiple parties who sued Metro Nashville to secure their release, citing the copyright claims of the parents she earlier allowed to intervene in the lawsuit.
Myles ruled in favor of the defendants and intervenors in the case, refusing to release the documents to a collection of media organizations and individuals.
Among those who sued to compel the full release of Hale’s writings from Metro Nashville Police Department (MNPD) were The Tennessee Star editor-in-chief Michael Patrick Leahy, who is also CEO of Star News Digital Media Inc. (SNDM), the publisher of The Star. Other plaintiffs included the Tennessee Firearms Association, State Representative Todd Gardenhire (R-Chattanooga) and The Tennessean.
Myles ruled in favor of the Nashville Metropolitan Government, as well as the the Covenant School and Covenant parents, after more than 80 pages of Hales’ writings were obtained by The Star from a source familiar with the investigation. The Star has published more than 60 articles that include the killer’s words or provide details about the investigation.
Prior to her ruling, Myles first controversially allowed parents from the Covenant School, the Covenant School, and the Covenant Presbyterian Church to intervene in the case after Hale’s family claimed they assigned them the copyright of her written materials.
Myles declared in her Friday ruling, “materials created by Hale are exempted from disclosure based on the federal Copyright Act.”
Despite Hale dying at the Covenant School, where she killed three 9-year-old children and three adults in her March 27, 2023 attack, the police investigation remains ongoing. While the timeline for the police to finish their investigation remains unclear, the judge cited legislation which protects documents obtained by during police investigations.
“The release of the remaining documents which are not original, derivative or compilation works created by the assailant is further constrained by the exceptions to disclosure set forth by the General Assembly,” wrote Myles, explaining, “during the pendency of this investigation and any legal proceedings thereafter, the investigative files of the police and materials therein are not available” to the public.
Citing Tennessee law, Myles similarly declared, “any documents, information or plans related to school security is shall not be disclosed at any time and the Respondent is admonished to restrain access to that information to ensure the safety of both Tennessee schools and schools broadly.”
In her conclusion, Myles claimed, “the federal Copyright Act serves as a valid exemption to the Tennessee Public Records Act and thus preempts the disclosure of any original work of authorship in any form created by the assailant Hale which has been collected by Respondent Metro. The Petitioners have no right to any such requested information.”
The judge further clarified that Nashville “need not disclose any materials which are in its open investigative file and are relevant to any pending or contemplated criminal action until such investigation and any collateral criminal proceedings are complete.”
Both Leahy and SNDM remain plaintiffs in the ongoing federal lawsuit which seeks to compel the FBI to release Hale’s writings, and last month published an FBI memo sent to MNPD Chief John Drake in May 2023, just after the lawsuits were filed.
In the memo, the FBI “strongly” advised MNPD against releasing “legacy tokens” from killers like Hale, and a definition from the agency suggests both the writings obtained by The Star and those sought in the lawsuits are considered unfit for public release by the intelligence agency.
The FBI declined to confirm it sent the memo in a statement to The Star, but acknowledged it sends such “products” to local law enforcement to further mutual goals.
Read the full decision:
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Judge I’Ashea Myles” by Judge I’Ashea Myles.
