Judge rules no Covenant writings to be released 'at this time'

NASHVILLE, Tenn. (WKRN) — The judge presiding over the legal battle to release writings by the shooter who killed six people at The Covenant School has determined nothing will be released "at this time."

Davidson County Chancellor I’ashea Myles issued the ruling at 11:58 p.m. on Thursday, July 4.

The ruling states "this Court has determined that no records held by the Respondent Metropolitan Government of Nashville shall be disclosed at this time."

Click here to read the ruling in its entirety.

"Tennessee courts have determined that unfettered access to every record at any time does not serve to uphold the system of justice that we all depend upon to ensure that the criminal legal system and investigations remain fair and impartial for every involved person," Judge Myles stated in the ruling.

Judge Myles said the writing materials of gunman Audrey Hale are currently protected by federal copyright law.

"Compliance with both the TPRA and federal copyright law cannot be accomplished, therefore state law must cede to federal law. Therefore, the materials created by Hale are exempted from disclosure based on the federal Copyright Act."

The shooter’s family has given legal ownership of the documents seized from the shooter's home and the shooter’s car, including the so-called “manifesto,” to the children of The Covenant School.

Metro legal director Wally Dietz released a statement, which reads:

The Court has ruled that the Metropolitan Government acted properly in not immediately releasing the shooter's journals and other investigative records. By adopting some of the legal arguments raised by the Covenant parents, the Court also endorsed our decision to ask the Court at the beginning of the case to give the Covenant parents and other impacted parties the opportunity to present their own arguments related to the records.

The case presented important issues, some of which are cases of first impression. Chancellor Myles issued a well-crafted ruling that will likely be cited by courts around the country. The ongoing criminal investigation by the Metropolitan Nashville Police Department is in its final stages. When the MNPD concludes its investigation, records in the file, other than the shooter's writings and records, related to school safety and other statutory exceptions, will be released.

Metro legal director Wally Dietz

The ruling will likely be appealed.

On March 27, 2023, six people, including three children, were shot and killed by 28-year-old Audrey Hale at the Covenant School in Green Hills. The victims were identified as Evelyn Dieckhaus, Hallie Scruggs, and William Kinney, all 9 years old; as well as Cynthia Peak, 61; Dr. Katherine Koonce, 60; and Mike Hill, 61. 

The families of the six victims released statements on the ruling:

The Family of Cindy Peak:
"The last year and a half without Cindy has been difficult. But today brings a measure of relief in our family. Denying the shooter some of the notoriety she sought by releasing her vile and unfiltered thoughts on the world is a result everyone should be thankful for. I only wish that others, whether seeking clicks or profit, had felt that way before revealing the depth of depravity that existed in the mind of a mass murderer on March 27."

The Family of Mike Hill:
"Our dad found such joy each day at school with those children. He loved serving them and he was always there to protect them. While we still feel the pain of his loss in our lives, this decision helps continue his legacy as our family, Covenant children, and other communities will be more protected because these ramblings will not be able to inspire future attacks from other individuals who are consumed by hate and perceived grievances."

The Family of Hallie Scruggs:
"Far too often in our time, cruelty prevails over kindness; evil prevails over justice. Today was not one of those days. Instead, our hope is that the pain and suffering we have endured over the last year won't continue forward to terrorize other families and other communities. Though we still grieve, we are thankful for this result."

Dr. Erin Kinney, Mother of Will Kinney:
"This opinion is an important first step to making sure the killer can’t hurt our babies anymore. The importance is even more clear due to the leaking of stolen police documents, which has violated our parental right to protect our traumatized and grieving children from material that could destroy their lives. We are more resolved than ever to fight to keep our children and everyone’s children safe from this murderer."

The Family of Katherine Koonce:
"The Court’s finding vindicates our family’s desire that public focus should be on the nobility of the loved ones who died tragically, and on the gracious support extended to households who suffered loss and trauma."

The Family of Evelyn Dieckhaus:
"No result will lessen the pain we carry each day. But this decision will ensure no additional burden is added to our family, and that has been a major objective for us. No one should have to live through the nightmare of losing a child to such senseless acts, and our hope is that by keeping the rest of this material from seeing the light of day, it will ensure no other family has to walk this path."

Attorney for plaintiff Clata Brewer, Doug Pierce, released a statement, which reads:

"We understand that we will be receiving a number of documents when metro states their investigation is concluded, and the metro has indicated that that investigation would be concluded by now. At this point, it is too early to determine whether we will have any appeal."

Investigators executed search warrants the same day of the shooting from the Hale family home. The search of the Brightwood Avenue home took place just hours after the mass shooting.

Inside the home, officers found two shotguns, one in a bedroom closet and another next to a desk in a bedroom. A suicide note was found on a desk in one of the bedrooms. Detectives also took at least 20 journals and a memoir from the home.

Investigators also seized what they described as a psychiatric medical folder. Hale was also reportedly under doctor’s care for an “emotional disorder.”