Audrey Hale manifesto: Nashville victims' parents argue against release of school shooter’s confession

NASHVILLE, TENNESSEE: During a hearing in Nashville on Tuesday, April 16, the parents of the victims of the 2023 Covenant School shooting pleaded with the judge not to make the killer's manifesto public.

In March of last year, transgender woman Audrey Hale murdered three adults and three children at her previous school before being shot by police.

The school and related church have worked extremely hard to keep the 28-year-old's unpublished memoir, at least 20 journals, and a suicide note that she left behind unseen.

Parents of victims demand justice in testimony

Citing the public's right to know what motivated the shooting, media companies and proponents of free speech are suing to make Hale's writings available to the public.

The relatives of the victims testified in court on Wednesday, April 17, during the second day of proceedings.

A single written affidavit that was submitted in court begged Judge I'Aesha L Myles to prevent the writings from being made public, as reported by New York Post.

“I will not stand by to allow these shooter’s writings to be published in any way. This mass murderer doesn’t get to speak from the grave,” wrote Erin Kinney, whose son William, age nine, was murdered by Hale.

“I find my heart heavier with grief that I could never imagine,” Kinney added. “I must live through every single hour that my child is gone from this world … Despite this immense pain, I implore you to serve what little justice you can.”

In response to parents' comments, free speech advocates supporting the manifesto's publication have previously noted that, despite their possible trauma, the parents shouldn't make the final decision.

“What happened that day, it’s a tragedy, but it doesn’t mean that everyone at the school is a victim,” said Robb Harvey, a media representative for The Tennessean, pointing out that the parents were not the actual victims of the crime.

Complex issue of copyright

A Tennessee court of appeals decided in December that the parents could be involved in the lawsuit, so they were added to it.

Lawyers further contended on Wednesday that since Hale's family transferred the estate to the victims' families following the incident, they are the rightful owners of the copyright to the writings.

“Imagine us going to Taylor Swift’s residence and they collect Ms Swift’s writings and found 10 new songs,” the families’ attorney Eric Osborne told the court. “We are in the same position as Ms Swift. This is copyright and shouldn’t be public.”

Judge Myles, however, did not seem to be impressed by the copyright defense, stating that not everything that is written down is inherently protected by copyright.

She said, “This might be a federal court issue. But if everything written is copyrighted, then nothing can be public record.”

Attorney Doug Pierce, representing the National Police Association, contended at the previous day's hearing that the public interest supersedes the wishes of the victims' families and that the families do not have a "copyrightable interest" in the writings.

The Tennessean, The Tennessee Star, The Tennessee Firearms Association, and Senator Todd Gardenhire are among the other parties suing for the public release of the Covenant shooter's writings, New York Post added.

In addition, a letter signed by over 60 members of the Tennessee House Republican Caucus in May of last year demanded that Metro Nashville Police make the manifesto public. 

Thirdly, the Covenant school, which has repeatedly interjected itself into the legal disputes, may be at risk of security breaches if the manifesto is made public.

“A shooter is motivated by fame and notoriety by publishing their writings and thoughts,” argued Rocklan King, an attorney for the school. “By providing those thoughts a platform, you are providing the notoriety and fame. By doing that, it’s a real threat. [Others] will engage in copycat behavior.”

“These are 6- to 7-year-olds, and at most 18-years-old,” King continued. "These children cannot protect themselves. The general assembly said to you that if it’s related to school security, you shall not disclose it.”

Lawyers spar over possibility of copycats

Pierce had stated during the hearing the day before that "the strong general rule is information is available to the public" and that the burden of proof rests with those attempting to prevent the documents from being released, not with those requesting their release.

Pierce added that studies have shown that the window in which such actions take place is very short, and the case for copycat killers is weak.

Judge Myles acknowledged that the manifesto's release was a complicated matter at the conclusion of the court session on Wednesday, April 17.

“You have placed a heavy burden on me,” she told attorneys. “It’s not something I take lightly.”

“My heart breaks for the families in this case,” she said. “I am a solicitor, but I am also a human. And as a human, I offer my condolences to the families who have been affected by this tragedy.”

Judge Myles requested additional written arguments from the attorneys on Wednesday following the hearing, though it is unclear when she will make a decision.

She gave them a deadline of seven days to turn in the briefs. After she has had a chance to consider those arguments, Myles will probably make the decision.

It is unlikely that the matter will be settled anytime soon because both parties have promised to appeal the decision if it does not go their way.