On Tuesday, a Nashville judge will weigh the question of whether a mass murderer's estate can claim copyright over their handwritten confession after death.
The legal battle is centered around the release of a manifesto written by transgender shooter Audrey Elizabeth Hale, who committed a school shooting massacre at the Covenant School in Nashville, Tennesee, in March 2023. After she was shot dead by police on the scene, Hale's parents transferred her estate to the family members of the six murder victims. Now, the victim's families have interjected into a public records lawsuit against the city and its police department in an effort to block the public release of the document. The families argue that the manifesto is copyrighted and owned as part of Hale's estate.
Hale, a 28-year-old transgender artist who called herself Aiden, carried out the attack on March 27, 2023, at Covenant Christian Elementary, resulting in the deaths of six victims, plus her own fatality. Hale's victims were identified as Mike Hill (61), Cynthia Peak (61), Katherine Koonce (60), along with three 9-year-olds, Hallie Scruggs, Evelyn Dieckhaus, and William Kinney.
Attorney Doug Pierce represents the plaintiffs, Clata Renee Brewer, referenced as a citizen of Tennessee in the filing, and the National Police Association who filed the records request with Nashville police. Pierce argues against the claims made by Hale's estate, saying,
You can't just assume there is a copyright interest on any particular writing. The only way they could get copyright protection established is if they would have to show the documents in federal court — in other words, they gotta let the cat out of the bag.
Following the shooting, Metropolitan Nashville Police Chief John Drake announced that law enforcement had found a manifesto and hand-drawn maps in Hale's vehicle. Initially, authorities stated their intention to release these documents to the public. But, a year later, both the city police and the FBI have consistently rejected public records requests, citing concerns that releasing the manifesto could impede an ongoing investigation.
Pierce rejects the assertion of a continuing investigation by law endorsement, telling Fox News Digital,
Obviously, there's no pending investigation. It's been 13 months, and they've always said the only person involved is the shooter who died at the scene.
In a separate lawsuit filed in federal court by the parent company of a local newspaper, the Tennessee Star, a judge previously instructed the FBI to submit the manifesto under seal in an effort to determine if the federal authorities had a valid legal basis for maintaining its secrecy. Last month, an order from United States District Judge Aleta A. Trauger instructed the FBI to publicly release Hale's manifesto.
In November, several pages purportedly from the document were leaked to the public. Nevertheless, ongoing lawsuits are pushing for the complete disclosure of Hale's writings.
Even if the Nashville judge rules in favor of the plaintiffs seeking the document's release, an appeal is expected, prolonging the process of potentially releasing the manifesto.
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