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Chattanooga senator appeals public records ruling in Covenant School shooting • Tennessee Lookout

The chairman of the Tennessee Senate Judiciary Committee will appeal the Davidson County Chancellor's decision declaring the shooter's records related to the Covenant School killings no longer criminal in 2023.

Republican Sen. Todd Gardenhire of Chattanooga confirmed to the Tennessee Lookout that he is renewing efforts to open the records after Chancellor I'Ashea Muyles ruled they were exempt from the state's Public Records Act. The chancellor ruled that state law did not apply in this case because parents and children at the small Nashville private school own the copyright to writings and other works by Audrey Hale, a former Covenant School student who was killed by police after she opened fire in March 2023, killing six people, including three 9-year-olds.

Gardenhire, who initiated the appeal process on his own, said he believes the records should be made available to the public to help inform policy as lawmakers consider gun-related legislation in response to the shooting.

He previously joined the Tennessean in a public records action seeking 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 closed during an ongoing police investigation.one of many exceptions.

Senator Todd Gardenhire has filed a lawsuit to gain access to the writings of the Covenant School shooter. (Photo: John Partipilo)
Senator Todd Gardenhire is appealing a ruling that found the Covenant School shooter guilty of writing. (Photo: John Partipilo)

“This case is fundamentally about state law and how it impacts public records, at least in this particular courtroom. That's why it's so important not to set a bad precedent in Davidson County based on emotion and political influence,” Gardenhire said. “The public needs to know certain facts. In particular, the legislature and I as chairman of the Judiciary Committee need to know what was going on in the mind of the person who committed the shooting and what his motives were if we are going to craft laws that will help prevent tragedies like this from happening.”

Gardenhire noted that he believes the shooter's “mindset” and “reason” rather than the “tool” or weapon are more important in helping lawmakers allocate resources to mental health or law enforcement to prevent further tragedies.

Several Democratic lawmakers said the shooting was clear evidence that the state needs stricter gun laws, including tighter restrictions on military-style weapons like the one used by the shooter, as well as stricter background checks.

During a 2023 special public safety session called by Governor Bill Lee in response to the shooting, Gardenhire opposed allowing gun-related bills to pass the Senate Judiciary Committee, arguing that more needs to be known about the shooter's motives before gun laws can be considered.

When the lawsuit went to court, the victims' families said they were supposed to control access to the records after Hale's parents transferred ownership to them.

. . . It is so important not to set a bad precedent based on emotion and political influence in Davidson County. The public needs to know certain facts.

– Sen. Todd Gardenhire, R-Chattanooga

Myles was reportedly aware of the unique nature of the documents' exemption from the Tennessee Public Records Act, but ultimately agreed with the parents that the records should be exempt from state law.

At least one parent of a victim said after the chancellor's decision that the decision deprived the shooter of “some of the notoriety she had sought.” According to media reports, Hale left behind about 20 diaries, a suicide note and memoirs.

The Chancellor also concluded that Hale's writings posed a risk of copycats because the perpetrator used the writings of other mass murderers when planning his attack and reportedly even portrayed them as heroes.

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