The Tennessee Firearms Association is asking a state court to order the Metropolitan Nashville Police Department to turn over the Covenant School killer’s manifesto — documents law enforcement have kept from the public more than a month after Audrey Elizabeth Hale stormed into the private Covenant Presbyterian School and killed three 9-year-olds and three adults.
In a lawsuit filed Monday, the TFA and former Hamilton County Sheriff James Hammond request the 20th Judicial District, Chancery Court, in Davidson County to grant the organization access to the manifesto. The complaint also seeks an order from the court finding the Metropolitan Government of Nashville and Davidson County’s denial of TFA’s records requests is unlawful.
“[The Police Department] knew that the requested records were public and refused to disclose them,” the court document states, charging that the local government has violated the Tennessee Public Records Act.
“We believe under the Tennessee Open Records Act that it’s not a question of will the manifesto be disclosed, but why have government officials stopped the release and how long will it take a court to address why that nondisclosure should be vacated and the government ordered to disclose the records,” said John Harris, TFA executive director.
According to the complaint, TFA sent a public records request on April 13 asking police to release the “manifesto” reportedly found in Hale’s parents’ home, where the 28-year-old woman who identified as a transgender male, resided. The documents reportedly were recovered on March 27, the day of the school shootings. A second request sought all email communications of MNPD officials regarding the mass shooting… as well as MNPD officials’ text messages regarding the same…”
The police department responded four days later, denying both records requests.
Separately, Hammond submitted a public records request on April 25, seeking “All MNPD criminal police reports documenting this incident.” The former sheriff also sought internal administrative investigations/reports regarding police department communications on the release of the manifesto, and communications between police, the FBI, the U.S. Department of Justice and the Nashville District Attorney’s office regarding the “multiple shooting at a Christian School by a self-identified transgender suspect as a ‘hate crime.’”
Three days later, Metro Nashville Police Department denied Hammond’s request.
Law enforcement officials claimed “state, federal, or other applicable law prohibits disclosure” of the records. They cited Rule 16 of the Tennessee Rules of Criminal Procedure and Tennessean v. Metro Gov’t of Nashville, 485 S.W. 3d 857 (Tenn. 2016).”
The police department failed to identify any underlying criminal proceeding, or even a potential defendant, such that the requested materials would be a ‘case’ under Rule 16, the lawsuit states. Hale was killed by police moments after she began her rampage at the school.
“Neither Rule 16 of the Tennessee Rules of Criminal Procedure or Tennessean v. Metro Gov’t of Nashville, 485 S.W. 3d 857 (Tenn. 2016) permits the withholding of some or all of the requested records,” the court filing states.
Harris said the TFA’s lawsuit seeks a better understanding of what factors led to the school shootings so the Second Amendment advocacy organization can better address Governor Bill Lee’s call for a special session of the Legislature to pass a so-called “red flag” law. The laws allow judges to order weapons removed from an individual deemed “dangerous.” The governor recently said it will be summer, July 4th at the earliest, before a special session could take place.
Lee’s push for red flag law passage came in the wake of the Covenant Presbyterian School shootings.
“We hate to speculate on what the governor might decide to do, but it seems clear he didn’t care about what the true facts are behind the school shooting before he pushed a gun-control measure and before he knew the answers to these questions,” Harris told The Tennessee Star.
TFA’s petition is at least the second legal action demanding law enforcement officials release the manifesto and accompanying documents.
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 Tennessee 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.
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.
Deborah Fisher, the executive director of Tennessee Coalition for Open Government (TCOG) told The Star Thursday that MNPD is potentially misusing Rule 16, which bars police from commenting on ongoing criminal investigations, to delay the release of the manifesto.
“Essentially, my understanding is that when the investigation is over is when you decide you’re not charging anybody,” she said.
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M.D. Kittle is the National Political Editor for The Star News Network.
Background Photo “Covenant School Shooting” by Metro Nashville PD.
How dare these self important elected officials treat the parents, children, siblings & this community as though they are irrelevant. Cooper & Lee are Lame Ducks. The members of the Tennessee General Assembly are not, with the exception of the Two Who face a Special Election due their uncivil behavior.
As a matter of fact the Two Legislators expelled would be the first to be Red Flagged if this UNCONSTITUTIONAL ACTION somehow were passed. So the lesson as always is BE CAREFUL WHAT YOU ASK FOR.
Haven’t these two disgraced Legislators already cost the taxpayers enough embarrassment & money? It’s not cheap to hold Special Elections for two uncivil, undeserving children.
WHAT GOES AROUND COMES AROUND.
Yes, Stuart, that pertinent information left by the criminal perp murderer should be available to the citizens and our EMPLOYEES and public SERVANTS must provide it immediately!
AND no “gun grabbing legislation” should be considered because such is a VIOLATION of the Tennessee Declaration of Rights and the U.S. Bill of Rights. In Article I, Section 26 of the State Constitution, the citizens of this State DECLARE our right to keep and bear (carry) firearms for self defense. The Legislature has ONLY been delegated power re: “the WEARING of arms with a view to prevent crime”, i.e., whether aside arm should be holstered or a long gun have a sling.
Conservatives should make it clear to Gov. Lee that without a complete release of all pertinent information about the Covenant School shooting by the Metro government they will not consider voting in favor of any gun grabbing legislation in the special session PERIOD.