NASHVILLE, Tenn. (WTVF) — A Nashville judge Wednesday could make a key decision in the lawsuit over releasing writings from the Covenant School shooter. On one side, you have the Covenant School, Covenant Presbyterian Church, Covenant families, and MNPD who don't want the shooter's writings to be released.
"There is some really sensitive information in there that we believe shouldn’t be produced based on school safety and the fact there is still an ongoing criminal investigation," said Metro Legal Director Wally Dietz.
On the other, State Sen. Todd Gardenhire, the Tennessean newspaper, and gun advocacy groups argue the public has the right to know.
"You can’t just keep an investigation open in the event something might come up later," said Deborah Fisher of the Tennessee Coalition for Open Government.
Fisher also wants to see the writings released for two reasons. She's worried this will cause future complications to requesting police files after a case is closed and the impact this could have on the Covenant case itself.
"There have been so many rumors, conspiracy theories, hurtful things said. Misinformation probably, disinformation, it’s always better to have the facts come out about what was in the writings, rather than all these imaginations," said Fisher.
Dietz also made an interesting assertion in a press conference, Monday afternoon.
"There’s a state law that permits any legislator to go to the TBI office and look at any investigative file they have. So if Sen. Gardenhire wants to see this file, he can drive to the TBI and they’ll show it to him," said Dietz.
But Fisher contends, it's not quite that simple.
"The senate would have to pass a resolution to make those available, and at that point, even if they were available, there’s some question whether they could be publicly used or referred to," explained Fisher.
Sen. Gardenhire told a Chattanooga TV station that's why he's involved in the lawsuit because he wants to be able to publicly debate what's in the writings.
We could get our first indication if that will happen Wednesday in court. If the judge rules that the Covenant families have a legitimate legal standing to block the release of the writings, it may open up a really lengthy legal process.
If the judge rules the Covenant group doesn't have a legal standing to intervene, the City of Nashville can still try to block the release a few different ways.
