NASHVILLE, Tenn. (AP) — Lawyers fighting the release of documents related to the 2023 Nashville elementary school massacre petitioned a judge Monday to issue a ruling that would finally resolve the case, their request taking on a more urgent tone amid the recent release of leaked records related to the shooter.
It was the latest hearing in a long legal battle over whether investigative files and other records from the Covenant School massacre, in which six people, including three children, were killed, should be made public under Tennessee’s public records law. Covenant School parents join lawsuitargued that the documents should never be made public because they could inspire copycat crimes and re-traumatize children.
But despite authorities trying to hide the documents from public view, key evidence of the shooter’s documents was leaked to the media on two occasions.
Recently, the Tennessee Star published dozens of articles based on an 80-page document about the Covenant shooter provided by anonymous sources. The newspaper is among the plaintiffs suing to have the records released.
In response, Nashville Mayor Iasia Miles ordered Michael Leahy and Star News Digital Media, which owns the Tennessee Star, to appear in court to explain that publishing details of the leaked documents would not violate the court’s records protection rules and would not subject the paper to contempt proceedings or sanctions. The judge later denied Leahy’s request to halt the hearing, but said witnesses would not testify.
“I don’t watch the news, I don’t do my own research, it’s best to have an attorney come in and actually let me know what’s going on,” Miles told a packed courtroom on Monday. “Depending on what I hear from the parties today, I’m going to make a different ruling on what to do next.”
Miles added that he had been prepared to release the more than 60-page ruling last week but postponed it due to concerns over the leaked documents.
None of the lawyers who spoke Monday expressed concern that the leaked documents would dramatically affect the ongoing trial, and nearly all agreed that the 80 pages were only a small part of the documents.
“Our position is that this potential contempt action has nothing to do with the disclosure of records, and therefore I ask the court to rule quickly on the underlying action,” said attorney Doug Pierce, who is representing those seeking disclosure of the documents.
Leahy’s attorney, Daniel Horowitz, and Miles engaged in a tense but brief exchange as Horowitz tried to clarify what specific information the judge was seeking. Miles declined to let Horowitz discuss his concerns about possible contempt sanctions, saying that process would not take place on Monday.
“I’m encouraged that they’ve steered away from a very dangerous path of intimidating journalists for legitimate reporting,” Horowitz told reporters after the hearing.
Police are continuing to investigate who leaked the document, but the inspector pointed to a connection to a former colleague but did not directly blame him.
Nashville Police Lt. Alfredo Arevalo said in a recent court filing that former Lt. Garrett Davidson was given copies of criminal investigative files that were kept in a safe in his office, and that only Davidson knew the combination to the lock and safe. Davidson has since left the police force.
Arevalo noted in his affidavit that Davidson had discussed details of the Covenant investigation files on Leahy’s radio show and other programs.
Arevalo wrote that he was “appalled” by the leak and “saddened by the impact this leak may have had on the victims and families of the Covenant School shooting.”
The Associated Press left a message at a phone number believed to be connected to Davidson.
The shooter 3 9 year olds and 3 adults According to court documents, the man, a student at Covenant School, a private Christian school, left behind at least 20 diaries, a suicide note and an unpublished memoir.
The city of Nashville argues it doesn’t have to release the documents because of the ongoing police investigation. Plaintiffs counter that there has been no meaningful criminal investigation since the shooter, Audrey Hale, was shot and killed by police.
A few pages of a magazine Leaked to a conservative commentator The shooter posted the message online in November and police have said he may have been a transgender man, which has attracted attention in conservative media.
Judges in public records cases have previously expressed concern about the possibility of leaks. In a February filing, Judge Miles ordered the parties not to directly quote or reproduce leaked documents during the proceedings and warned that “misappropriation” of court orders by the parties, their attorneys, or related third parties would be subject to sanctions, including contempt of court.
Plaintiffs in the public records lawsuit include news organizations, gun rights groups, law enforcement nonprofits and state Sen. Todd Gardenhire. Star News Digital Media is also suing the FBI in federal court, seeking the release of the documents.
