The National Police Association has filed a lawsuit against the Metropolitan Government of Nashville and Davidson County demanding the release of the Covenant School killer’s manifesto.
And The Tennessee Star has just learned that Tennessee 20th Judicial District Chancery Court Judge I’Ashea Myles (pictured above) has ordered a show cause hearing for May 11, examining whether the Metropolitan Nashville Police Department (MNPD) has failed to comply with public records laws.
It’s at least the third legal action seeking what has been described as Audrey Elizabeth Hale’s “blueprint of destruction,” journals, postings, and other documents detailing the deadly motives of the 28-year-old woman who reportedly identified as a transgender man.
The lawsuit was filed late last week in the Chancery Court for Davidson County, 20th Judicial District, by the Police Association and Tennessee resident and private investigator Clata Renee Brewer. It seeks the prompt release of Hale’s manifesto and related documents that Metro Nashville has “failed and refused to produce” under the Tennessee Public Records Act. MNPD has denied public records requests from both plaintiffs.
The complaint also asks the court to rule the government’s refusal to promptly produce the records “has been done knowingly, willfully, and deliberately.”
“It’s pretty simple. We just want to get the records we have requested,” Nashville attorney Douglas Pierce, who represents Brewer in the lawsuit, told The Star. He confirmed the court date set by the judge, noting the law calls for expedited review.
Brewer and the police association are making the same argument as the Tennessee Firearms Association and former Hamilton County Sheriff James Hammond have cited in their lawsuit filed Monday in the same Chancery Court: That the Metro Nashville Police Department can’t hide critical records related to a mass shooting under the protection of Rule 16 of the Tennessee Rules of Criminal Procedure. Rule 16 prohibits disclosure of certain records if there’s an open case.
But there is no criminal prosecution concerning the mass shootings that occurred on March 27 at the Covenant Presbyterian School, “and despite extensive media coverage, including interviews of public officials, no one has suggested that there will be any criminal prosecution because of the incident,” the lawsuit states.
That’s because Hale, who stormed into the private elementary school and shot and killed three 9-year-olds and three staff members, was fatally shot by Nashville police officers shortly after Hale began her attack.
“You’ve got to go down the list of all possibilities [of why Metro Nashville claims the case remains open]. Is it the shooter? It can’t be her, she’s deceased. Was it the police officers? … The police acted in a commendable and heroic fashion, so there’s no prosecution of the police. Who else could it be?” Pierce said. “There appears to be no indication that anyone else would be subject to criminal prosecution.”
The Tennessee Bureau of Investigation also has said on at least two occasions that there is no ongoing criminal investigation.
As lawofficer.com first reported, the records requests were filed weeks ago. They seek all writings by Hale, including a manifesto recovered by Metro Nashville Police. The request also seeks “all records, including emails, texts, and other communications to and from the MNPD mentioning or regarding the writings of Audrey Hale recovered by the MNPD, because it is possible MNPD has been subjected to political pressure to keep all or part of the writings secret.”
Hale’s reported transgender status may have played a role in the police department’s reluctance to turn over documents law enforcement have routinely made public following school and other mass shootings.
Last week, The Star News Network filed a new case with the U.S. Department of Justice demanding the Federal Bureau of Investigation turn over Nashville Hale’s manifesto.
The Milwaukee-based Wisconsin Institute for Law & Liberty (WILL) on Wednesday filed an administrative appeal with the Justice Department’s Office of Information Policy after the FBI twice rejected The Star News Network’s Freedom of Information Act requests, seeking the expedited release of the documents. FBI officials are working closely with Nashville police.
The Justice Department has 20 business days to respond to the appeal, which seeks the immediate release of the manifesto, or the matter may be heading to federal court.
“We believe the public’s right to know is so important that we are willing to challenge the most powerful law enforcement agency in America,” said Michael Patrick Leahy, editor-in-chief of The Star News Network and CEO of parent company Star News Digital Media, Inc., headquartered in Nashville. He is one of two appellants in the case.
The Metro Nashville Police Department (MNPD) also denied The Star’s request that the toxicology report be made public. MNPD cited the same reasons for denial, using Rule 16 to insist the case is ongoing.
Tennessee Governor Bill Lee promised late last week that the documents will be released “very soon.” The records request denials raise questions about whether MNPD is seeking to conceal information about what medications the killer may have been taking.
Pierce said he wouldn’t predict how Myles may rule in his lawsuit, but he said it’s possible the judge will consolidate the open records lawsuits to date.
“I feel very strongly about our position,” the attorney said.
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M.D. Kittle is the National Political Editor for The Star News Network.
Photo “I’Ashea Myles” by I’Ashea Myles.
