NASHVILLE, Tenn. (WTVF) — Tennessee Republican House members said Monday they want the release of The Covenant School shooter's manifesto and documents as soon as possible.
The Tennessee General Assembly will convene for a special session Aug. 21 to discuss potential gun reform and Second Amendment rights. Those Republican leaders said it was that they had those documents in hand that showed the mind of the shooter who killed six people, including three children.
"The perpetrator of these horrific acts murdered six Christians and Tennesseans have demanded we take action," Faison said on Monday. "If we hope to pass meaningful legislation that effectively deters this kind of targeted attack, we must have all the facts to make informed decisions."
Police said that they have been advised by counsel to "hold in abeyance the release of records." Metro attorney Wally Dietz said this comes as the result of two different entities filing suit for the document. One of those was the Tennessee Firearms Association. A private investigator filed on behalf of the National Police Association as the second motion to the court.
As of early May, no families of the victims have filed suit to block the release of the documents, Dietz said.
When it comes Metro legal's perspective, Dietz said it's not fair to assert that Metro can simply do what House Republicans have requested.
"The Chancellor ordered Metro to file under seal with the court unredacted copies of the documents to be discussed at the May 18 status conference for an in-camera review by the Chancellor only," Dietz said to NewsChannel 5. "We filed the unredacted documents under seal on Friday — together with our proposed redactions of certain sections based on exceptions to the Tennessee Public Records Act. In view of this Court order, it is inaccurate to allege that Metro alone now controls whether documents are released. We cannot do so at this time without violating a court order."
Dietz added that both The Covenant Church and The Covenant School have retained attorneys and filed motions of intervention in three different cases suing for the documents. Those parties are the Tennessee Firearms Association, the National Police Association and the Tennessee Star.
First Amendment attorney Paul McAdoo, who works as the Local Legal Initiative Staff Attorney in Tennessee, said that it is feasible to release the records regardless of the lawsuits.
"I have seen that done — definitely," he said.
Deborah Fisher echoed McAdoo's sentiments, saying her opinion derives from a Supreme Court case in 1980 that police can't withhold records as part of an ongoing investigation if they aren't planning on charging anyone.
"Nothing changes their status as a public record because a lawsuit has been filed," Fisher said. "That is the main argument that's being made by the people who sued — that Nashville police has indicated they aren't planning on charging anyone else, and the shooter is dead. There's nothing that indicates that they may charge anyone else at this time. The status of the record is the status of the record. For Nashville police to claim that exemption, they need to say they are considering charges against someone else. They can't just say they are keeping the case open in case they hear something."
NewsChannel 5 reached out to the Tennessee Attorney General's office for comment about the particularities of open records law and this case. The office has yet to do so.
Court dates for the motion of intervention on behalf of the school will happen as soon as the week. The judge will hear from families about the records in early June.
