A hearing to determine whether the writings of Audrey Hale, who killed three children and three adults at the Covenant School in Nashville in March 2023 before being shot by police, kicked off in Tennessee Tuesday.
The hearings come after a year of wrangling back and forth, with various media companies and free speech advocates arguing Hale’s writings — which include at least 20 journals, a suicide note and an unpublished memoir — should be made public.
In court on Tuesday, judge I’Ashea Myles said she wanted to “make sure that everything is done thoroughly,” so “everyone has time to make the best arguments,” on both sides.
Arguing for the release of the documents, Attorney Doug Pierce, representing the National Police Association explained the burden of proof is on those trying to suppress the documents from being released, rather than those seeking it.
He told the court: “We live in an open democratic society of government by the people for the people and this concept of openness pervades all government information … the strong general rule is information is available to the public.”
He said that while there are exceptions to public records acts, none apply to this case.
Pierce added: “The undisputed proof in this case shows that this sort of information can save lives. The writings can be studied and we have a track records, specifically of school violence, being averted in other cases.”
When the judge pointed out the opposite could also be true, Pierce said the arguments for copycat killers is weak, and studies have shown the window in which such actions take place is very short.
The Covenant School and Church has been strongly against the writings being released and has filed suit to keep them sealed from the public.
After the shooting, Hale’s parents transferred the 28-year-old’s estate to the family members of the six murder victims.
In one of the more confusing legal arguments which has been put forward, lawyers for those families have argued they own the copyright to the material and should be able to say if it gets released.
Later in proceedings attorney Peter Clett, representing the Covenant Christian elementary school, repeated how parents fear the killers’ manifesto could lead to another massacre.
“We believe that providing an opportunity for this particular shooter to gain the notoriety and fame is a mistake,” Clett argued. “We believe it will promote further violence. If we can prevent one school shooting, it will be worth it.”
During the March 2023 shooting, Hale — who was transgender — killed three 9-year-olds at her former Christian school: Evelyn Dieckhaus, Hallie Scruggs and William Kinney.
She also shot three school employees: Katherine Koonce, 60, the head of the school; custodian Mike Hill, 61; and 61-year-old substitute teacher Cynthia Peak, before cops gunned her down.
The Nashville Metropolitan Police Department have since maintained their investigation is ongoing and until it is concluded they will not release any of Hale’s writings — despite the shooter acting alone and being killed at the scene.
“The answers that Metro has given so far is that there’s an ongoing criminal investigation, which — looking at the facts and the other statements that they’ve made — one might question, knowing that the only person that’s been identified in the criminal activity has been deceased for a month,” Tennessee Firearms Association president John Harris, who’s organization is suing to release the writings previously told The Post.
Judge Myles said that she expects a “robust” rebuttal on Wednesday morning when the hearing continues — but warned her decision on whether to release the manifesto will take more time.
