NASHVILLE, Tenn. — Whether the diaries of a Nashville school shooter can be released to the public will go before a Tennessee judge Tuesday, after nearly a year of legal wrangling over who can take part in the case.
What started as a simple request for public records has become a messy mix of conspiracy theories, leaked documents, inheritance battles and new legislation as various parties try to gain advantage. And even though the main issue on which police investigative data may be released has finally gone to trial, any decision by Chancery Court Judge I’Ashea Myles will likely be appealed.
The dispute began last spring when groups including The Associated Press filed public records requests for documents seized by Metro Nashville police during their investigation into a March 27 shooting at a private Christian elementary school by a former student . Audrey Hale killed three 9-year-olds and three adult staff members at The Covenant School before police shot and killed Hale.
Interest in the writings increased after police spoke of a “manifesto” at an early news conference. They later clarified that there was no manifesto, just a series of journals and other writings, some pages of which were leaked to a conservative commentator who posted them on social media in November. Part of the interest in the data stems from the fact that Hale, who police said was “assigned female at birth,” may have identified as a transgender man.
U.S. Senator Josh Hawley of Missouri is among those who have promoted the theory that the shooting was a hate crime against Christians. The delay in releasing the writings has fueled speculation — especially in conservative circles — about what they might contain and conspiracy theories about why police won’t release them.
Police have said they plan to release the writings, but only after their investigation is officially closed, which could take several months.
Groups suing to get immediate access to the data include news media, a gun rights group, a nonprofit law enforcement organization and Tennessee Sen. Todd Gardenhire. They argue there is no meaningful criminal investigation underway because the gunman, who police say acted alone, is dead.
Three other groups were allowed to intervene in the case after a lawsuit. Covenant School and Covenant Presbyterian Church want to ensure that no documents are released that could jeopardize the security of the building they share. Police have said Hale monitored the building and drew a detailed map before the attack.
Meanwhile, a group of Covenant parents do not want the writings to ever be released, fearing they will traumatize surviving children and inspire copycats. They argue that victims’ rights should outweigh the right to public access to government documents.
To further complicate the issue, the parent group last week acquired ownership rights to Hale’s parents’ writings. They have threatened in lawsuits to sue anyone who publishes them, in case they are eventually released.
Gardenhire has introduced a bill that would prevent non-governmental parties, such as parents, from intervening in public records disputes.
“Third-party interveners are depriving the government of control over its own administration,” the Chattanooga Republican told fellow lawmakers on the Senate Committee on State and Local Government on March 12.
The parents have cried foul, accusing Gardenhire of violating ethics rules by not disclosing his involvement in the Covenant case. Gardenhire said the legislation, if passed, would have no effect on the case being heard on Tuesday.