Judge hears arguments for and against release of Covenant shooter’s ‘manifesto’
NASHVILLE, Tenn. (WKRN) — Tuesday marked a critical day in the ongoing battle over whether to release the Covenant School shooter’s so-called “manifesto.”
Davidson County Chancellor I’Ashea Myles heard arguments for and against the release of the writings discovered by police following the mass shooting that claimed six lives, including three children and three adults, on March 27, 2023.
PREVIOUS: Hearing to determine if shooter’s ‘manifesto’ will be released
What unfolded on Tuesday, April 16 was called a “show-cause hearing,” meaning there was no testimony or witnesses. Instead, each plaintiff presented their arguments to the court, leaving Myles to decide whether the writings will be made public.
It marked the first day of the hearing as the court is expected to reconvene for a second day on Wednesday, April 17 after attorneys spent most of Tuesday presenting different arguments.
According to officials, the shooter left behind several journals, a suicide note and a memoir — all of which reportedly made references to school shootings and firearms courses. So far, only the judge and police department have seen the unreleased writings.
Media outlets, gun rights groups and state Senator Todd Gardenhire all requested the writings in the days following the shooting.
However, they were denied under the Tennessee Public Records Act, with the Metro Nashville Police Department citing Rule 16 of the Tennessee Rules of Criminal Procedure — something that Myles said she believes is going to be key to a decision in the case.
“I really think that the key to all of this is it closed or is it open,” she said during Tuesday’s hearing.
Under Rule 16, the police department is arguing that it doesn’t have to turn the documents over because there’s a pending criminal investigation, but that’s contested by attorneys like Doug Pierce, who is representing Clata Renee Brewer in conjunction with the National Police Association.
Those seeking their release say its “clear” police don’t have a second person of interest or further “contemplated criminal action” — things which attorneys argue police would have to prove in order to withhold the documents.
While the parties requesting the documents be released legally are not required to give a reason for their request under the Public Records Act, Pierce said he and others believe the lessons gleaned from studying the writings could “save lives.”
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“We have very good reasons for why we need this,” Pierce said. “But the burden of proof is on the other side.”
Lora Fox, who is representing the Metropolitan Government in the case, said the police department still believes their denial of the public records request was “appropriate” and that they have “carried their burden” of proof as the ongoing investigation has been focused on whether there was a co-conspirator.
“There has been and continues to be an active investigation,” she said, adding that some of the documents were “full of people’s names” and that police have continued interviewing witnesses to determine if anyone else was involved.
When asked by the judge if the release of those documents would hamper the investigation, Fox said it would, despite an investigator on the case previously noting that he did not believe a court-ordered release of a redacted version of the shooter’s writings would have an impact.
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Other aspects of the shooter’s writings reportedly included diagrams of the school, with Fox stating that she doesn’t believe school security information should ever be released to the public.
“We believe that the shooter’s writings in this case present a very well-known risk to the school,” said Peter Klett, who is representing The Covenant School.
Rocklan King, the attorney for The Covenant Presbyterian Church, said part of the petitioners’ public records request included the shooter’s drawings and diagrams of the school, but Pierce and others argued that they do not want any information pertaining to school security to be released.
“We have common ground on that point,” said Pierce, who questioned why a redacted version of the writings would be detrimental to school security or the police investigation.
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Pierce’s co-petitioner, James Hammond, also argued that while the Covenant families were correctly allowed to intervene in the case, they don’t have any standing when it comes to blocking the release of the documents under the Victims’ Rights Amendment.
Myles pushed back a bit, stating, “I don’t want to take away from the harm that these children experienced.” However, Hammond argued that “unfortunately” the surviving children and their families would not be recognized as victims under the amendment.
“As much as I don’t want to hear it and others may not want to hear it, the Victims’ Rights Amendment, the statutes which were adopted to put flesh on its skeleton, do not provide a basis for the type of intervention that’s being asked for in this case,” Hammond said.
Still, part of the argument of those opposed to releasing the documents was centered around further harm that could come from making them public.
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“We’re not naive enough, your honor, to argue to the court that we’re going to prevent all future shootings. Obviously, unfortunately, that can’t happen,” King said to the judge. “But if we are lucky enough to prevent one shooting, one event, one death of a child, whether that child is at the Covenant School or elsewhere, then this was an exercise worth happening.”
Although Pierce said some research indicates that copycat shootings typically only occur within a two-week period after a shooting and are not perpetuated by news reports months after, Klett called that idea, “illogical and incorrect.”
“We know that this effect continues on and is not only present for weeks or a month,” he said. “It is the writings of the shooter that have a number of unfortunate consequences.”
Depending on the outcome of the case, the writings still could be released after the police department is finished with its investigation. Fox said the department has plans to make the investigative file available to the public after the investigation has concluded, likely sometime in July.
“There’s no reason to doubt when the police tell you they’re going to release those documents once it’s done,” she said.
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The court is expected to reconvene at 10 a.m. on Wednesday, April 17 at the Historic Metro Courthouse in downtown Nashville.
The day will start with arguments from an attorney representing Covenant families and then a chance for those seeking to release the documents to offer a rebuttal. It remains unclear whether the chancellor will issue a ruling at the end of the hearing.
Myles acknowledged the monumental nature of the case after King stated, “You’re acting as a gatekeeper for the school that is being populated this week. What your decision does not only sets a precedent for not us but everyone going forward.”
“The court is aware that petitioners and everyone has asked me to basically set a precedent going forward for how things like this will be delineated in the future. Unfortunately, it’s part of our reality,” Myles replied.
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