Day 2 of hearing on release of Nashville school shooting journals

(NewsNation) — Wednesday marks the second day of a hearing over the release of writings related to a school shooting in Tennessee. 

A judge is considering whether law enforcement should release writings from Audrey Hale, the alleged shooter in a shooting at The Covenant School, a private Christian school, in Nashville, Tennessee, that killed three children and three adults.

According to police, Hale identified as a transgender man who went by Aiden and was a former student of the school.

At the heart of the hearing are journals found in Hale’s car and home, which some are asking be released to give more insight into what led to the shooting. Nashville police initially said they would release what they called a manifesto but then pivoted and declined to do so.

A year of legal wrangling is expected to end today with the hearing after both sides made their case yesterday. It all centers around what materials are considered public records. 

On the one side, news organizations have filed Freedom of Information Act requests to get the writings, while the families of victims and survivors have argued the release would be psychologically damaging.

After court finished for the first day, a parent whose children attend the Covenant School spoke to NewsNation outside the courtroom.

“It sounded more like we were hearing representatives for the shooter herself because if they got their way, the shooter will actually get the fame and notoriety that she so desperately sought,” said Brent Leatherwood. 

But that view isn’t uniform, with some families coming out in support of making the journals public as they seek to understand what happened that day and why. 

To complicate things more, Hale’s family recently transferred rights to the journals to families of victims, who have threatened to sue if they are made public.

On one side, some news organizations, a Tennessee state senator and the National Police Association are calling for the release of the journals, saying they are a matter of public record.

On the other, the school and church, along with families associated with both have argued against releasing the writings, citing concerns about safety and security and a fear they could inspire copycats.

“By providing a shooter with that fame and notoriety, by publishing her writings and her thoughts, providing her with that platform to provide her thoughts to the public, though by doing that you are providing the notoriety and fame that is sought by these unfortunate individuals,” said attorney Peter Klett, representing the shoo. “And by doing that, the writings, the evidence that we have presented to the court shows, demonstrates that it is a real threat because there are individuals out there that will grasp these writings, see that the notoriety has been provided and will engage in copycat behavior.”

The church has asked the court for more redactions related to security, while the school is seeking a full ban on the release of the journals to avoid triggering more violence.

Nashville police also weighed in yesterday, saying they are still investigating the shooting and whether the shooter may have had any accomplices. They argue that active investigation should prevent the release of the journals.

But an attorney for the National Police Association pushed back on that idea.

“We know that the shooting occurred, but that person is dead and there is gonna be no prosecution of that person and all Metro has said is, well maybe somebody else is involved,” said Doug Pierce. “It’s a possibility but that does not satisfy the burden of proof. They have no reason whatsoever to believe that there is anyone in the world that has committed any act that would constitute a crime beyond the person who is now dead in this incident.” 

The judge seemed to zero in on the arguments around redactions and what counts as public records.

“Even if you are a private citizen, even if your works belong to you, if you become a victim of crime and they are collected in an investigation, they are subject to disclosure,” said Chancellor I’Ashea Myles. “So how does the court really wrestle with that?”

It’s possible the judge will issue a ruling from a bench today, but if the judge decides to take more time to consider the arguments, it could be days before a ruling is issued.