In a decision made public at 11:58 p.m. on Thursday, Tennessee Chancery Court Judge I'Ashea L. Myles said that none of the writings Audrey Elizabeth Hale left behind would be given to the multiple parties who sued Metro Nashville to get their release. She said this because of the copyright claims of the parents she had earlier let join the lawsuit.
Myles decided in favor of the suspects and intervenors in the case and would not give the papers to a group of people and media outlets.
Editor-in-chief of The Tennessee Star Michael Patrick Leahy, who is also CEO of Star News Digital Media Inc. (SNDM), the company that publishes The Star, was one of the people who sued the Metro Nashville Police Department (MNPD) to get all of Hale's works released. The Tennessee Firearms Association, State Representative Todd Gardenhire (R-Chattanooga), and The Tennessean were also petitioners.
A person familiar with the investigation gave more than 80 pages of Hales' papers to The Star. These pages showed that Hales was in favor of the Nashville Metropolitan Government, the Covenant School, and the parents of Covenant students. The Star has written more than 60 stories that either quote the killer or give more information about the case.
Before making her decision, Myles let parents from the Covenant School, the Covenant School, and the Covenant Presbyterian Church get involved in the case. This caused a lot of controversy because Hale's family said they gave them the rights to her writing.
"Materials created by Hale are exempt from disclosure based on the federal Copyright Act," Myles said in her decision on Friday.
Hale killed three 9-year-olds and three adults at the Covenant School on March 27, 2023, but she died there. The cops are still looking into what happened. The judge brought up a law that guards papers gathered by police during investigations, but it is still not clear when the police will finish their investigation.
"The release of the remaining documents that are not original, derivative, or compilation works created by the assailant is further limited by the exceptions to disclosure set out by the General Assembly," Myles wrote. He explained that the public cannot access the investigative files of the police or any materials contained therein while the investigation is ongoing or during any legal proceedings that may follow.
Based on Tennessee law, Myles also said, "any documents, information, or plans related to school security shall not be disclosed at any time, and the Respondent is admonished to limit access to that information to protect the safety of Tennessee schools and schools in general."
In her conclusion, Myles said, "The federal Copyright Act is a valid exception to the Tennessee Public Records Act. This means that any original work of authorship created by the attacker Hale and collected by Respondent Metro cannot be made public." The Petitioners do not have the right to any of the information they have asked for.
The judge also made it clear that Nashville "does not have to disclose any materials that are in its open investigative file and are relevant to any pending or planned criminal action until such investigation and any collateral criminal proceedings are complete."
Both Leahy and SNDM are still suing the FBI in a federal case that wants them to release Hale's writings. Last month, an FBI letter sent to MNPD Chief John Drake in May 2023, right after the lawsuits were filed, was made public.
The FBI "strongly" recommended MNPD not to release "legacy tokens" from killers like Hale in the memo, and a description from the agency suggests that both the writings obtained by The Star and those sought in the cases are not suitable for public release by the FBI.
In a comment to The Star, the FBI would not say for sure that it sent the memo, but it did say that it does send "products" like this to local police to help them reach their own goals.
Myles decided in favor of the suspects and intervenors in the case and would not give the papers to a group of people and media outlets.
Editor-in-chief of The Tennessee Star Michael Patrick Leahy, who is also CEO of Star News Digital Media Inc. (SNDM), the company that publishes The Star, was one of the people who sued the Metro Nashville Police Department (MNPD) to get all of Hale's works released. The Tennessee Firearms Association, State Representative Todd Gardenhire (R-Chattanooga), and The Tennessean were also petitioners.
A person familiar with the investigation gave more than 80 pages of Hales' papers to The Star. These pages showed that Hales was in favor of the Nashville Metropolitan Government, the Covenant School, and the parents of Covenant students. The Star has written more than 60 stories that either quote the killer or give more information about the case.
Before making her decision, Myles let parents from the Covenant School, the Covenant School, and the Covenant Presbyterian Church get involved in the case. This caused a lot of controversy because Hale's family said they gave them the rights to her writing.
"Materials created by Hale are exempt from disclosure based on the federal Copyright Act," Myles said in her decision on Friday.
Hale killed three 9-year-olds and three adults at the Covenant School on March 27, 2023, but she died there. The cops are still looking into what happened. The judge brought up a law that guards papers gathered by police during investigations, but it is still not clear when the police will finish their investigation.
"The release of the remaining documents that are not original, derivative, or compilation works created by the assailant is further limited by the exceptions to disclosure set out by the General Assembly," Myles wrote. He explained that the public cannot access the investigative files of the police or any materials contained therein while the investigation is ongoing or during any legal proceedings that may follow.
Based on Tennessee law, Myles also said, "any documents, information, or plans related to school security shall not be disclosed at any time, and the Respondent is admonished to limit access to that information to protect the safety of Tennessee schools and schools in general."
In her conclusion, Myles said, "The federal Copyright Act is a valid exception to the Tennessee Public Records Act. This means that any original work of authorship created by the attacker Hale and collected by Respondent Metro cannot be made public." The Petitioners do not have the right to any of the information they have asked for.
The judge also made it clear that Nashville "does not have to disclose any materials that are in its open investigative file and are relevant to any pending or planned criminal action until such investigation and any collateral criminal proceedings are complete."
Both Leahy and SNDM are still suing the FBI in a federal case that wants them to release Hale's writings. Last month, an FBI letter sent to MNPD Chief John Drake in May 2023, right after the lawsuits were filed, was made public.
The FBI "strongly" recommended MNPD not to release "legacy tokens" from killers like Hale in the memo, and a description from the agency suggests that both the writings obtained by The Star and those sought in the cases are not suitable for public release by the FBI.
In a comment to The Star, the FBI would not say for sure that it sent the memo, but it did say that it does send "products" like this to local police to help them reach their own goals.
