• Judge backs off sanctions threat, gets 'lay of land' after Covenant Sch

    From Leroy N. Soetoro@21:1/5 to All on Tue Jun 18 21:58:15 2024
    XPost: alt.society.mental-health, alt.transgendered, alt.fan.rush-limbaugh XPost: talk.politics.guns, sac.politics

    https://www.tennessean.com/story/news/local/2024/06/17/nashville-covenant- school-shooting-records-leak-delayed-ruling/74127661007/

    Not many questions were answered in Chancellor I�Ashea Myles� courtroom
    Monday morning after a week filled with controversy in the Covenant School shooting records lawsuit.

    Myles told the attorneys and packed gallery Monday morning that she was prepared to release a 60-page ruling on which records should be released
    last week, but she stopped herself once she got word that conservative
    news outlet and party to the case the Tennessee Star had published
    articles with leaked documents.

    Myles initially called Monday�s hearing threatening contempt proceedings
    and sanctions against the Star and its editor-in-chief Michael Patrick
    Leahy for the publication of the materials. Free speech advocates argued
    such sanctions would have been unconstitutional. But that�s not what was discussed Monday.

    What ended up happening was unusual. Myles limited the hearing to getting
    �the lay of the land� of the records case after the leak, asking the
    lawyers for all three sides � Metro, Covenant and the records requesters �
    if they felt the case was still live and relevant. They all said it was.

    Deborah Fisher, executive director of the Tennessee Coalition for Open Government, said she�d never been to a hearing like Monday�s.

    �This was much ado about nothing, in my view,� Fisher said.

    Russell Nobile, a lawyer from the conservative activist group Judicial
    Watch representing former Hamilton County Sheriff James Hammond and the Tennessee Firearms Association, said it did seem that things had settled
    down a bit since Myles� initial order.

    �Everyone came in a little hot, and I think it�s cooling off some,� Nobile said.

    Daniel Horwitz, a First Amendment and criminal defense lawyer brought on
    to represent Leahy and the Star following Myles� order threatening
    contempt actions, was glad to see that Leahy wasn�t being prosecuted.

    �I don�t want reporters going to jail for lawful reporting,� Horwitz said.

    In early June, the Tennessee Star published dozens of articles with
    information from photographs of the shooter�s journal that it said it had obtained from a source. Parents of Covenant School students said on Monday
    that the publication has been very hard on the children and families.

    "As a parent, we want to protect our kids and prevent any further harm,"
    said Stefan Banks, a parent of two children at the Covenant School present
    at the hearing. Their lawyers argued that the court could possibly prevent
    the release of materials other than the roughly 80 pages that the Star
    claimed it has already obtained.

    Metro Legal on Monday all but pinned the leak to the Tennessee Star on
    former lieutenant Garet Davidson of the Metro Nashville Police Department. Davidson resigned in December and filed a lengthy complaint against the department alleging that police officials worked with lawmakers to pass legislation to abolish oversight boards.

    Lora Fox from Metro Legal on Monday requested making Davidson an
    �involuntary plaintiff� to the case and then ordering him to return the documents. Myles did not seem thrilled with the idea and asked Fox if it
    was necessary, to which Fox said no.

    On March 27, 2023, a former student entered the Covenant School in
    Nashville and shot and killed six people, including three third graders.
    They were 9-year-olds Evelyn Dieckhaus, William Kinney and Hallie Scruggs; headmaster Katherine Koonce; custodian Mike Hill; and substitute teacher Cynthia Peak.

    In the days and weeks after the shooting, reporters and others requested certain records related to the shooting. Many of those requests were
    denied.

    In response, six groups, including The Tennessean, sued Metro Nashville
    about a month after the shooting. They sought a court order to grant them access to several different records, most notably a pair of journals found
    in the shooter�s home and car, which was parked at the school.

    Why is The Tennessean asking for the release of the records?
    In seeking the records, The Tennessean has cited an interest in bringing
    to light "additional facts regarding this incident, societal and mental
    health issues, and issues regarding firearms more broadly, which have not
    yet been revealed through other means," according to the newspaper's
    complaint.

    The records requested by The Tennessean are the documents in the shooter's possession prior to death, including those in the shooter's car and home;
    all police reports of the shooter in MNPD's possession; all calls for
    service to The Covenant School and the shooter's home from the past five
    years; and incident reports from MNPD's responses to the shooter's home on March 27.

    The Tennessean has no plans to publish the writings verbatim and has
    sought to center coverage on public policy, the victims and the community.

    Evan Mealins is the justice reporter for The Tennessean. Contact him at [email protected] or follow him on X, formerly known as Twitter, @EvanMealins.


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