Nashville court grapples with details about school shooter leaked to media

NASHVILLE, Tenn. (AP) — Lawyers fighting to release documents involving a Nashville elementary school shooting in 2023 begged a judge Monday to finally issue a ruling settling the case, with their request taking on a more desperate tone amid the recent release of leaks. records about the shooter.

It was the latest hearing in a long legal battle over whether the investigative file and other documents relating to the Covenant School massacre – in which six people, including three children, were killed – should be disclosed under the Tennessee Public Records Act. A group of Covenant School parents join the lawsuitarguing that none of these documents should ever be released because they could inspire copycats and re-traumatize their children.

Yet even though authorities kept the documents hidden from public view, two important sets of evidence regarding the shooter's writings were leaked to the media.

Most recently, The Tennessee Star published dozens of articles based on 80 pages of the Covenant shooter's writings provided by an anonymous source. The publication is among the plaintiffs suing to gain access to the records.

In response, Nashville Chancellor I'Ashea Myles ordered Editor-in-Chief Michael Leahy and Star News Digital Media, owner of the Tennessee Star, to appear in court and explain why publication of details of the leaked documents did not violate the judicial protection of the documents which could subject them to contempt proceedings and sanctions. The judge later denied Leahy's request to cancel the hearing, but said no witnesses would testify.

“I'm not watching the news, I'm not doing my own investigation, it's better for the lawyers to come in and really tell me what's going on,” Myles told a packed courtroom Monday. “Based on what I learn from the parties today, I will issue a separate decision on next steps.”

Myles added that she was prepared to release a more than 60-page decision last week, but held off because of concerns about the leaked documents.

None of the attorneys who spoke Monday expressed concern that the leaked documents would have a significant impact on the ongoing trial. Almost all of the agreed 80 pages constituted only a tiny part of the documents.

“Our position is that this potential contempt proceeding has nothing to do with the disclosure of the documents, which is why I urge the court to quickly rule on the underlying matter,” said attorney Doug Pierce , representing those who want the documents released.

Leahy's attorney, Daniel Horwitz, and Myles had a tense but brief exchange as Horwitz attempted to clarify the specific information the judge was seeking. Myles refused to let Horwitz speak about his concerns about possible contempt sanctions, saying those proceedings would not take place Monday.

“I am encouraged that we have avoided a very dangerous path of threatening journalists for their legal reporting,” Horwitz told reporters after the hearing.

Police continue to investigate who leaked Covenant documents, one lieutenant linked to a former colleague without directly accusing him.

Nashville police Lt. Alfredo Arevalo said in a recent court filing that a former lieutenant, Garet Davidson, was given a copy of the criminal investigation file that was stored in a safe in his office and that only Davidson had the combination key and safe, Arevalo said. . Davidson has since left the force.

In his statement, Arevalo noted that Davidson spoke about the details of Covenant's investigative file on Leahy's radio show and another program.

Arevalo wrote that he is “appalled” by the leak and “saddened by the impact this leak must have on the victims and families of the Covenant school shooting.”

The Associated Press left messages containing phone numbers believed to be associated with Davidson.

The shooter who killed three children aged 9 and three adults at Covenant, a private Christian school, left behind at least 20 journals, a suicide note and an unpublished memoir, according to court filings.

The city of Nashville argued that it was not required to release the documents during an active police investigation. The plaintiffs countered that no meaningful criminal investigation has been underway since the shooter, Audrey Hale, was killed by police.

Some pages of a newspaper were leaked to conservative commentator who put them online in November. Police say the shooter may have been a transgender man, which has drawn attention from conservative media figures.

The judge in charge of the public records case had already expressed concern about possible leaks. In documents filed in February, Myles ordered the parties not to directly quote or reproduce documents disclosed during the proceedings, threatening sanctions such as contempt of court for any “effort to usurp” court orders. by the parties, lawyers or third parties involved.

In the public records lawsuit, plaintiffs include media outlets, a gun rights group, a law enforcement nonprofit and state Sen. Todd Gardenhire. Star News Digital Media is also suing the FBI in federal court over the disclosure of the documents.