A three-judge appeals court panel on Monday heard oral arguments in a First Amendment lawsuit seeking the release of the manifesto and related writings of the Covenant School killer.
The judges will determine whether a lower court erred in allowing Nashville’s Covenant Presbyterian Church, its elementary school and parents of students there to intervene in the lawsuit, brought by the parent company of The Tennessee Star, the Tennessee Firearms Association, The Tennessean, and others.
The attorney for the Covenant Presbyterian School, which is looking to block the release of the records, made an emotional appeal, insisting that making the documents public could drive Covenant Presbyterian students to re-live the horrifying events of March 27, and harm themselves.
“For the parents, this case is literally a matter of life and death,” said Eric Osborne, who represents more than 100 families of approximately 200 Covenant schoolchildren, including the family members of the three children and three staff members fatally shot by 28-year-old Audrey Elizabeth Hale.
In arguing that no one has a greater interest in the release of Hale’s manifesto than the Covenant Presbyterian School families, Osborne cited previous testimony of an expert on childhood mass shooting trauma. The attorney claimed the evidence shows the release of the records wold “only aggravate and grow their psychological harm.”
While the attorney said he hates to give voice to “something that every parent deeply fears,” the “simple fact is that the record that we have presented shows that there is a very real risk that if the shooter’s writings are released, one or more children may harm themselves.”
It was an emotional appeal, some may say a heavy-handed one at that, in defense of Davidson County Judge I’Ashea Myles’ ruling earlier this year to allow intervention in the case.
Attorney Paul Krog, who represented the plaintiffs seeking the records release and attempting to block third-party intervention in the case, argued that the Tennessee Public Records Act creates a “simple, unique, and expeditious process” for courts to settle public records disputes.
“That process leaves no room for intervention and, practically speaking, cannot readily accommodate it,” he said.
Appeals Court Judge Kristi Davis, the only judge on the three-member panel to ask the attorneys questions, pressed Krog.
“What is the great harm in allowing another voice to be heard whose voice may not be adequately represented by the existing respondent?” Davis asked. “How does that harm the judicial process in any way?”
Krog didn’t dispute the intervenors’ interest in the lawsuit. Indeed, there are many interests in the case, including the public, which the plaintiffs’ argue, has a primary interest in knowing the motives of a school shooter and what can be done to prevent similar acts of violence.
“This isn’t a case about what public policy ought to be; it’s a case about what the statute says and what the statute requires,” he said. And the statute doesn’t allow such intervention, the attorney added.
The legal battles grind on nearly six months after Hale, a biological woman who identified as a transgender male, stormed into the Christian elementary school and fatally shot three 9-year-olds and three school staff members. Hale was shot and killed by responding police officers 14 minutes after she began her rampage.
Police said Hale left behind the manifesto and related documents outlining her attack with maps and action plans for her deadly errand.
Several organizations — including Star News Digital Media, parent company of The Tennessee Star, the Tennessee Firearms Association, and The Tennessean newspaper, filed lawsuits demanding the Metropolitan Nashville Police Department (MNPD) release the records. Failing to do so, they argue, is a violation of the state’s open records law and would compromise future records requests.
Attorneys for the church and the school have argued that Hale’s manifesto and related writings include schematics of the school and other revealing information. Releasing the documents could put students, faculty and staff at risk, they say. But the judge could choose to limit or restrict the release of such information.
In late May, Myles ruled that Covenant Presbyterian Church, its school and parents of students may intervene in the case as they move to block the documents’ release. The Star and the other plaintiffs then appealed the Davidson County Chancery Court judge’s decision.
A show cause hearing in Myles’ court has been delayed while the court weighs the intervention question.
There is no timeline on when the appeals court panel will release its decision.
Watch the hearing here:
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M.D. Kittle is the National Political Editor for The Star News Network.
What about “the rule of law and no one is above the law”? Yet, this crime is being used as a pretext to pass more laws that violate the rights of millions of Tennesseans? Will we then be able to ignore such laws with impunity as is being done in this unlawful secret proceeding and concealment?
The Open Records Law exists for a reason. We do not want our government concealing criminal evidence in a murder. Public Officials, Counselors, Parents need to be aware of the dangers that can exist & why a woman would select a defenseless school to take out their obvious rage. Most schools are soft targets. They are not armed. This is why Shooters select schools to carry out their sick rage. I’m still curious as to how she could own so many firearms including an AR15 without someone knowing. But that’s only one suspicion. The more people conceal secrets, the more you know there is something to hide. Release all the evidence, computers, Manifesto etc. We need to know the WHY & how ti recognize the signs of a problematic individual, & how to prevent a similar situation in the future.
I’ll bet $$$ that it specifically mentions leaders at Covenant involved in molesting and other heinous acts. They mean suicides of “church” leaders and adults, don’t let them fool us into thinking it’s about the children.
Far-right activists keep demanding the manifesto be released because they think it will help them score points against the “LGBT agenda”. However, the attempts to score points place kids in danger – and not just the survivors of the Covenant attack.
Most manifesto killers are inspired by SEEING OTHER KILLERS GET THEIR PROPAGANDA PUBLISHED. The neo-Nazi murder of dozens of children at Utoya inspired an 8chan user to make a snuff film in New Zealand. the New Zealand snuff film inspired another 8chan user to make a snuff film at a Wal-Mart in El Paso. The Wal-Mart attack inspired yet another 8chan user to shoot up a synagogue. The synagogue shooting inspired another Nazi to make a snuff film in Buffalo. The Buffalo snuff film inspired the son of a failed politician to murder a couple people and post pictures of his victims to 4chan.
If this attack actually had an unusual motive, publishing it risks radicalizing edgy kids who AREN’T susceptible to the mixture of Columbiner, neo-Nazi, and white supremacist propaganda that drives the stereotypical school shooters. We do NOT need the left and right competing to see who gets the high score at the expense of children’s lives.
Baloney. Release the documents.
Why do I get the feeling that these “parents” aren’t really parents at all and that they’re political activists instead?
This is just fear mongering and control, release the manifesto.