The Tennessee Department of Children’s Services (DCS) claimed in court on Wednesday that it could not release records of the agency’s actions prior to the starvation death of a 14-year-old in 2021.
A former Memphis reporter’s 2021 attempt to learn more about actions taken by DCS prior to the death of 14-year-old Brandon Gray, who was allegedly starved to death by his family members while being forced to live in what News Channel 3 called “a filthy, cold garage with a mattress, portable toilet, and bleach jug for a urinal,” quoting official documents the outlet obtained.
Included among the redacted documents obtained by the outlet’s former reporter, Stacy Jacobson, was evidence DCS visited the family’s Barlett home multiple times prior to Gray’s death, according to Tennessee Lookout. Jacobson sued to uncover more details about the agency’s visit, and the outlet reported that Davidson County Chancery Court ruled in favor of DCS last year.
Appearing before the Tennessee Court of Appeals on Wednesday, Assistant Attorney General Michael Stahl argued “DCS has every right as a state agency and agency subject to Public Records Act to invoke” the Tennessee Rules of Criminal Procedure “to protect its records.”
Stahl referenced Rule 16, which allows the state’s law enforcement to prevent the release of materials to protect an active investigation. He argued that the documents should remain sealed until the trial of Gray’s family members, which Tennessee Lookout noted is scheduled for August 2024. The outlet also noted that the Tennessee General Assembly passed a law in 2014 that requires DCS to disclose all records related to a child’s death or near death, but noted the agency has relied on Rule 16 to block the release as the court cases remain ongoing.
The Metro Nashville Police Department similarly cited Rule 16 in April as the reason why the Metro Nashville Police Department (MNPD) could not release the manifesto written by Covenant School killer Audrey Elizabeth Hale, but the agency later attributed ongoing litigation seeking to compel the manifesto’s release.
The Tennessee Star, and its parent company Star News Digital Media Inc., are plaintiffs in the lawsuits seeking to compel MNPD and the Federal Bureau of Investigation (FBI) to release that manifesto, and following the recent leak of three pages, asked the court to approve limited discovery to force the FBI to officially determine their authenticity.
The agency previously claimed the release of even one page of the manifesto would jeopardize possible criminal investigations due to the names Hale’s writing contained, but the only name contained within the leaked pages published by conservative comedian and commentator Steven Crowder seemed to reference the killer’s grandmother.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and the Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Tennessee Department of Children’s Services Logo” by Tennessee Department of Children’s Services.
