Tennessee State Senator Todd Gardenhire says the case sets a bad precedent for records law.
Image Credit: MNPD / Facebook & Sen. Todd Gardenhire / Facebook
By Sam Stockard [The Tennessee Lookout -CC BY-NC-ND 4.0] –
The chairman of the Tennessee Senate’s Judiciary Committee is set to appeal a Davidson County chancellor’s ruling that closed the shooter’s writings in the Covenant School murders of 2023.
Republican Sen. Todd Gardenhire of Chattanooga confirmed to the Tennessee Lookout he is renewing the effort to open the records after Chancellor I’Ashea Myles determined they are exempt from the state’s Public Records Act.
The chancellor found the state law doesn’t apply in this case because parents and children at the small Nashville private school hold a copyright on writings and other works by Audrey Hale, a former Covenant School student killed by police after opening fire and killing six people, including three 9-year-olds in March 2023.
Gardenhire, who is making the appeal on his own, has said he believes the records should be open to the public to help form policy as lawmakers consider gun-related legislation in response to the shooting.
He previously joined The Tennessean in a public records lawsuit to open the documents, which were initially closed as part of the Metro Nashville Police investigation into the incident. Under state law, records can be shut in an active police investigation, one of many exemptions.
“This case really boils down to the state law and how it affects the open records, at least in this particular courtroom. That’s why it’s so important to not set a bad precedent based on emotion and political influence in Davidson County,” Gardenhire said. “The public needs to know certain facts. The Legislature especially, myself as chairman of Judiciary, if we’re going to craft legislation to help prevent these types of tragedies, we have to know what was going through the mind and motive of the person that did the shooting.”
Gardenhire noted he believes the shooter’s “mind-set” and “reason,” not the “vehicle” or weapon, are more important in helping the Legislature find resources for mental health or law enforcement to prevent further tragedies.
Several Democrat lawmakers felt the shooting provided clear evidence the state needs stronger gun laws, including tighter restrictions on military-type weapons such as one the shooter used, in addition to tougher background checks
During a 2023 public safety special session, which Gov. Bill Lee called in response to the shooting, Gardenhire declined to let any gun-related bills go through the Senate Judiciary Committee, saying more needed to be known about the shooter’s motives before gun bills could be considered.
Once the lawsuit went to court, the victims’ families said they should control access to the records after Hale’s parents transferred ownership to them.
Myles reportedly acknowledged the uniqueness of excluding the documents from the Tennessee Public Records Act but ultimately agreed with parents that the records should be exempt from the state law.
At least one parent of a victim said after the chancellor’s ruling that the decision denies the shooter “some of the notoriety she sought.” Hale left about 20 journals, a suicide note and memoir, according to news reports.
The chancellor also found that Hale’s writings created the risk of copycat shootings because the perpetrator used the writings of other mass shooters to plan the attack, even holding them out as heroes, according to reports.
About the Author: Sam Stockard is a veteran Tennessee reporter and editor, having written for the Daily News Journal in Murfreesboro, where he served as lead editor when the paper won an award for being the state’s best Sunday newspaper two years in a row. He has led the Capitol Hill bureau for The Daily Memphian. His awards include Best Single Editorial from the Tennessee Press Association. Follow Stockard on Twitter @StockardSam
One Response
Anything “of God” is open and above board, lucifer’s doings AIN’T.