Judge weighs ‘heavy burden’ of deciding future of Covenant writings; says case will set precedent

NASHVILLE, Tenn. (WKRN) — After two days of listening to both sides of the argument, a Davidson County judge will be deciding whether the Covenant School shooter’s writings should be released to the public.

The show-cause hearing began on Tuesday, April 16, with each plaintiff spending several hours presenting their arguments to Davidson County Chancellor I’Ashea Myles.

Setting precedent as to whether mass shooters’ writings should be made public seemed to weigh on the judge and came up frequently as Myles noted she was thinking about the “broader implications” of the hearing.

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Ultimately, the judge decided to hold off on making a final decision Wednesday in order to consider all aspects of the complex matter and further briefings. However, a decision will be handed down soon.

“This is obviously a very unique case,” said Eric Osborne, who is representing the Covenant parents in the case. “To my knowledge, there’s never been a case like it in American history because there’s never been a chance to stop a shooter’s writings from coming out.”

Several Covenant parents were in court for the second day of the hearing on Wednesday, April 17, which was largely dedicated to hearing from counsel for the Covenant families and rebuttals from those petitioning to have the writings released.

Among three main legal arguments, Osborne also gave an emotional reason for why the families don’t want the writings released, stating that “the parents are here today because they are trying to break the cycle of violence.”

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“We know how this cycle of violence works…I will not stand by and allow this shooter’s writings to be published. This mass murderer does not get to speak from the grave,” the mother of one of the victims wrote in a declaration Osborne read to the court.

Officers with the Metro Nashville Police Department reportedly discovered the writings, which consist of several journals, a suicide note and a memoir, in the shooter’s car and home shortly after the March 27, 2023, mass shooting that claimed six lives.

Officials said the documents made references to school shootings and firearms courses and included diagrams of the school. So far, only the judge and police department have seen the unreleased documents.

Media outlets, gun rights groups, and state Senator Todd Gardenhire all requested the writings in the days following the shooting but were denied under the Tennessee Public Records Act.

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The police department cited Rule 16 of the Tennessee Rules of Criminal Procedure as the reason for denying the records request, claiming it could not release the documents due to its pending investigation.

“There has been and continues to be an active investigation,” Lora Fox, the attorney for the Metropolitan Government said, adding that some of the documents were “full of people’s names” and police have continued interviewing witnesses to determine if anyone else was involved.

While the petitioners have argued that Rule 16 doesn’t apply and the writings should have been released a long time ago in order to study them and potentially “save lives,” copyright law was at the center of the debate Wednesday.

In what Osborne described as “an act of amazing grace,” the shooter’s parents transferred ownership of several documents to a trust controlled by the Covenant parents.

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“That ownership is a paradigmatic change in this case your honor,” said Osborne, who argued that copyright law should give them some say in whether the documents are released. He believes copyright was established the moment the writings were created.

However, Richard Hollow, who is among the attorneys representing those arguing the documents should be released, contested Osborne’s claims, saying they have no grounds to keep the writings, which are public records, private.

“You can’t have a legal copyright until you demonstrated that you have the necessary prerequisites of originality, and content whatever else it may be,” Hollow said. “Until you ask her all of those questions, we don’t even get into the sphere of copyright law is a red herring here.”

Fox said the police department plans to release its investigative file at the conclusion of the investigation, likely sometime in July. It’s unclear what all that could entail, but some of those documents could include redacted versions of the shooter’s writings depending on the judge’s final ruling.

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Still, those representing The Covenant School, Church and families argued much more harm could come from releasing the documents. Of top concern were potential threats to school safety due to the drawn diagrams and potential copycat shootings.

“There are individuals out there that will grasp these writings, see that the notoriety has been provided and engage in copycat behavior,” said Peter Klett, attorney for The Covenant School. “That is a threat, and it relates to school security and safety.”

The petitioners argued that Klett’s definition of school security was too broad to be accepted as an exemption for not releasing all of the writings but agreed with the Metro Nashville Police Department’s stance on redacting certain school security information.

Hollow 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.

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“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,” Hollow said.

Osborne stressed they are not against all of the police department’s records coming out, just anything created by the shooter, adding that more than 92% of families at The Covenant School have asked for the writings not to be released.

“Fundamentally the parents are just seeking to be left alone and to let their children heal,” he said.

As the hearing neared its end on Wednesday following a total of more than 10 hours of discussion over the last two days, Myles acknowledged the “heavy burden” she’s been tasked with and took a moment to address the parents in the courtroom.

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“Before I am a chancellor, I am a human. I am also a mom,” she said. “My heart grieves for the victims who fell prey to this unfortunate event, so I want you all to know I’m sorry.”

Myles continued by pointing out the “broad effect” her decision could have on the state of Tennessee and said she will take the matter under advisement before issuing a final ruling. She also requested more briefings on copyright law before issuing her opinion.

“My role as a chancellor is to interpret the law and it is incumbent upon me to make a dispassionate ruling. I have to take how I feel out of it,” she said. “Please know I will construe the law in a way I know that is accurate.”

It could be a few weeks before a final opinion is issued in the case and Myles said she expects whatever decision she makes to be appealed.

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