Judge says Nashville school shooter’s writings can’t be released because victims’ families own copyright

NASHVILLE, Tenn. – Whose writings killed three 9-year-old children and three adults at a private Christian elementary school in Nashville last year cannot be released to the public, a judge ruled Thursday.

Chancery Court Judge I’Ashea Myles concluded that children and parents at The Covenant School own the copyright to any writings or other works created by shooter Audrey Hale, a former student who was killed by police. As part of the effort to keep the records closed, Hale’s parents transferred ownership of Hale’s assets to the victims’ families, who then argued in court that they should be allowed to determine who has access to them.

Myles agreed, ruling that “the original writings, diaries, art, photos and videos created by Hale” are subject to an exception to the Tennessee Public Records Act created by the federal Copyright Act.

The decision comes more than a year after several groups filed public records requests for documents seized by Metro Nashville Police during its investigation of the case. March 2023 filming. The dead were Evelyn Dieckhaus, Hallie Scruggs and William Kinney, all 9, and adults Cynthia Peak, 61; Katherine Koonce, 60; and Mike Hill, 61.

Part of the interest in the records stems from the fact that Hale, who police say was “assigned female at birth,” may have identified as a transgender man, and some experts have floated the theory that the diaries will reveal a hate crime. planned against Christians.

The victims’ families released statements about the decision on Friday. Cindy Peak’s family wrote: “The last year and a half without Cindy has been difficult. But today brings some relief to our family. Denying the shooter some of the notoriety she sought by releasing her vile, unfiltered thoughts on the world is an outcome everyone should be grateful for.”

The shooter left behind at least 20 diaries, a suicide note and a memoir, according to court documents. When the records requests were denied, several parties sued and the situation quickly devolved into a confusing mix of conspiracy theories. leaked documentsinventory battles and accusations of ethical misconduct. Myles’ order will almost certainly be appealed.

After initial records requests last year, police said they would eventually release the documents, but could not do so immediately because the investigation was still open. The groups suing for the records’ immediate release — including news outlets, a gun rights group, a law enforcement nonprofit and Tennessee state Sen. Todd Gardenhire — argued there was no meaningful criminal investigation. ongoing since Hale, who police say acted alone, was dead.

Meanwhile, a group of Covenant parents were allowed to intervene in the case and argue that the records should never be made public. They said the release would be traumatic for families and could inspire copycat attacks.

Myles found the risk of imitation was real and “gravely concerning.”

“Hale used the writings of other perpetrators in similar crimes to guide how this plan was constructed and executed, imitating some not only in his methodology but also in his choice of weapons and targets,” Myles wrote. in their attacks, idolizing them.”

Also involved in the case were The Covenant School and Covenant Presbyterian Church, which shares a building. They argued that the records should remain closed because their release could threaten their security.

The Associated Press is among the groups that requested the records but did not participate in the process.

As the court case dragged on, pages from a diary were leaked to a conservative commentator who posted them on social media in November. Most recently, The Tennessee Star published dozens of stories based on reportedly 80 pages of Hale’s writings provided by an unidentified source. The publication is among the plaintiffs, and Myles briefly threatened to hold the paper’s editor-in-chief, Michael Leahy, and owner, Star News Digital Media, in contempt.

While Myles’ ruling protects many of the documents created by Hale from public disclosure, other documents from the police file can be released once the case is officially closed, as long as they fall under Tennessee’s open records law.

An attorney for the lead plaintiff in the case did not immediately react to the ruling.

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This story has been corrected to show that the Associated Press was not involved in the process.