Nashville: Covenant School Shooting Case Takes Unexpected Turn as Judge Targets Media Leaks
In a bewildering series of events over the past several weeks, the public records case, regarding The Covenant School shooting in Nashville, before Davidson County Chancellor I’Ashea Myles, has seemingly shifted focus. With the public eagerly waiting for a ruling on whether the public records law necessitates the disclosure of files related to the school shooting by the Metro Nashville Police Department, the scrutiny has veered to the leak of police records published by a local conservative news website, The Tennessee Star.
The Course of Events
On June 10, Chancellor I’Ashea Myles ordered the editor of the Tennessee Star, Michael Patrick Leahy, one of the plaintiffs in the case, to appear in court. The intention behind this was for Leahy to demonstrate why he should not be held in contempt due to the publication of articles based on the leaked documents. The court then expanded its focus to include a representative of Metro Government to verify the authenticity and circumstances of the alleged leak.
A subsequent revelation suggests that the source of the leaked information could be former Nashville police Lieutenant Garet Davidson, who recently filed a whistleblower complaint against his former employer.
Chasing Shadows?
This unexpected twist in the case is problematic because the disclosed information should already have been made public. Instead of punishing potential “leakers” or press organizations, the attention should be on timely and fair enforcement of the public records law. News organizations should not be threatened with contempt simply for their role in revealing to the public truthful information of considerable importance.
The Fallout of the Leaked Information
The leaked documents, published by the Tennessee Star, reveal chilling insights into the mindset of the shooter, Audrey Hale. Records indicate that she expressed to her mental health providers at the Vanderbilt Psychiatric Hospital her intent to become a school shooter and murder her father. The documents highlight a series of alarming fantasies expressed by Hale:
“Recent thoughts of going into a school and shooting a bunch of people,” “Homicidal thoughts with a plan,” “Has fantasies of being a school shooter,” “Has homicidal thoughts, such as shooting at a school,” and “Homicidal thoughts of killing her father.”
Other revelations include how the FBI suggested that Metro Police could destroy the shooter’s writings, how the shooter had been planning the attack for years, and how she had received psychiatric treatment for over two decades.
The Legal Quagmire
During a recent courtroom hearing, Chancellor Myles hinted at the possibility of appointing an attorney to investigate and initiate contempt proceedings. However, the focus of the discussion was primarily whether the revelation of the leaks rendered the public records case “moot” or represented a violation of a court order or interference with court proceedings. Pleas to render a judgement were made from all sides in the hearing, with several attorneys suggesting that the issue of the leak could be addressed separately.
The Promise of Transparency
The Tennessee Public Records Act guarantees a requester the right to judicial review if their request for public records was denied by government entities. It requires that “this section shall be broadly construed so as to give the fullest possible public access to public records.” The public, therefore, has the right to know about the circumstances leading up to the school shooting and whether preventive measures could have been taken. If the leaked police records provide a hint, there is much more that the public has been kept in the dark about.
