NASHVILLE, Tenn. (WTVF) — A year after the mass shooting at The Covenant School, a judge heard most of the parties in a lawsuit on whether to release the shooter's documents to the public.
The show cause hearing will resume Wednesday at 10 a.m. to hear the Covenant families and rebuttal.
Here is who is part of the suit:
- Tennessee Firearms Association
- The Tennessean newspapers
- Star Digital Media - The Tennessee Star
- Sen. Todd Gardenhire, R-Chattanooga
- National Police Association
Each petitioner, except Sen. Gardenhire, spoke in court. More than 100 families affected by The Covenant School mass shooting said they don't want any of the documents released.
Metro Legal argued from the perspective from the police department.
How the petitioners argued
Attorney for one of the petitioners Doug Pierce began, stating that the shooter's documents are public records. He argued on behalf of the National Police Association.
You can listen to Attorney Pierce's arguments in the video player below.
"This is a case under the Tennessee Public Records Act (TPRA). The records at issue are public records," he said. "The question is if there are any exemptions. In making that determination, TPRA presumes a presumption of openness."
Judge I'ashea Myles — who is presiding over the case — added that the other argument is that the writings would compel others to copycat.
"We are well past that point in this case," he responded. "To the extent, there is an argument suggesting that, that argument isn't supported."
Pierce: There's a lot of public interest in this community and across this country in this case. Your point is well taken. But to finish up this point, we have very good reasons for why we need this. But the burden of proof is on the other side.
— Emily R. West (@emwest22) April 16, 2024
On the topic of exceptions, Pierce questioned what exceptions apply to this case.
Pierce: We are not asking for anything that the school created. If the school has a security plan, we didn't ask for. And we don't want it. That's where I am at on this.
— Emily R. West (@emwest22) April 16, 2024
Myles: So anything that is property of the school, you're saying you don't want that?
Pierce: We don't.
Pierce said that Metro is calling the Covenant shooting records an open investigation (also known as Rule 16 under the TPRA). Pierce argued that there needs to be judicial evidence and oversight and that Metro hasn't offered any further evidence.
According to the judge, Metro has been submitting affidavits stating that they are still investigating and that recent documents said they would be finished with the investigation in July.
Pierce argued that the documents can be redacted and any personal information can be removed. He referenced the leaked documents and stated that those do not identify anyone. However, Judge Myles warned against that topic.
"Whomever chose to leak the documents, they had a disrespect for the rule of law," Judge Myles said. "The court struggles hearing from lawyers who respect the rule of law that I should look at what someone did who didn't respect the court. It's not your best argument here."
On the topic of copyright interest, Pierce argued that is for the federal courts to decide.
The documents themselves went to the families via the shooter's parent's attorney.
Pierce argues that common law copyright is not copyright and that they haven't established interest in the documents.
On the topic of public interest in the documents themselves, Pierce argues that there is a "historical basis" that when mass shootings are studied there are clear ways violence is stopped.
"This is a basic concept. We learn from experience," he stated The more horrible the experience is, the more we should learn from the experience. That's what our expert has pointed out.
Attorney Richard Hollow — who argued on behalf of The Tennessean — went more in-depth.
You can listen to his argument below
"I know the worse the circumstances the more grievous the loss," Hollow said. "We are not to talk about the emotional aspects. We are here to talk about the law."
Hollow discussed the topic of copyright and victim's rights.
"You can't copyright the facts. We are going down a rabbit hole, but here we are. The public has under Tennessee law access to documents of the government."
Tennessee does have a Victims' Rights Amendment that can parallel with the release of documents, but those instances in state law have been rare.
"When the Victim's Rights Amendment was adopted, they left some things that had not been completed. The opinion from the AG said you had to do something more. You have to define it by statute and that's what they attempted to do."
Hollow: As much as I may not want to hear it or others don't want to hear it, the Victims' Rights Act doesn't provide the type of intervention brought in this case. It doesn't exist. We may want it to. But that's a matter of public policy.
— Emily R. West (@emwest22) April 16, 2024
How Metro argued the case
Attorney Lora Fox spoke for Metro Nashville, specifically the Metro Police Department.
You can hear her full argument in the video below.
"Is it Metro's position that the writings found in the car can be released, and some names could be redacted since some of them have already been interviewed," Fox said.
Myles: There's one document the petitioners want and much of this litigation will go away. Can those documents come out?
— Emily R. West (@emwest22) April 16, 2024
Fox: If we are referring to the writings in the car, those could be released. And some of those redactions could be removed.
Police said that is a key piece of information that they would release since the investigation is ongoing and open. Police believe the rest of the documents being released would hamper the investigation, according to Fox.
Myles asked if police are investigating anyone else outside of the shooter, and Fox said yes.
"They (police) have said this case file will become public record once the investigation is complete," Fox said.
Fox: This case file will become a public record if there are no prosecutions to be had, subject to a few exceptions like school security and diagrams for the school. That is information related to school security.
— Emily R. West (@emwest22) April 16, 2024
What The Covenant parties requested
Attorney Rocklan W. King is representing the Covenant church.
He said any information related to school safety and security shouldn't be allowed for any public inspection.
"We have not seen the respective documents. We only know what we've heard from arguments," King said. "There's an inescapable conclusion. This assailant went to this church had diagrams drafted of this church and school. When we are guided by the principle that any information related to school security shall not be disclosed, that information must be redacted from those documents."
Peter Klett — the attorney for The Covenant School — argued the same, but added he feared for a copycat incident.
"We believe the school shooter's writings present a well-known risk to the school and therefore are related to school security. This information meets and satisfies the exception and should not be released," Klett said.
Their motivation is to promote school safety, Klett said.
He later addressed the notion that releasing the documents is what the shooter wanted and could create danger.
"It is the writings of the shooter that have a number of unfortunate consequences. The platform it provides to the shooter provides the notoriety they seek. It is the writings that promote the hatred, the anger, the violence that is then copied by people who have access and then read these writings. Those are the things that are triggers for copycats," Klett said.
Klett said the former director of the TBI in his declarations that writings — such as writings of the shooter — clearly cause copycat shootings.
— Emily R. West (@emwest22) April 16, 2024
"If we could prevent one shooting or one death of a child, then this was an exercise worth happening," Klett said to wrap up the argument.
How did we get here?
On March 27, 2023, six innocent people were killed at The Covenant School.
They were: Evelyn Dieckhaus, William Kinney, Hallie Scruggs, Katherine Koonce, Mike Hill and Cynthia Peak. Three students and three staff members.
In the aftermath of the shooting, a Special Session would take place as parents of those in the school would fight for changes in school safety.
Then began the discussion over the release of the shooter's writings. Early on in the discussion, Metro Police refused to release the writings and several groups filed a lawsuit claiming that violated the state's public records act.
The case was then set to be heard in a Nashville court. It was then moved to the Tennessee Court of Appeals.
In November, a three-judge panel decided families could intervene in the case. However, a surprise release of some of the shooter's hate-filled ramblings stole headlines.
In January of this year, a Chancery Court judge decided the show-cause hearing would take place on April 16th and 17th.
Who is calling for a release of the documents?
The Tennessee Firearms Association, National Police Association, the Tennessee Star, The Tennessean and Sen. Todd Gardenhire — are arguing for a full release of the documents.
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