Nashville, Tenn. — A Nashville judge has issued a ruling to temporarily withhold releasing any records related to last year’s tragic mass shooting at the Covenant School, where six individuals lost their livers. The ruling, delivered late Thursday evening, comes 14 months after various groups sought access to documents withheld by Metro Nashville in the aftermath of the devastating event.
The court’s decision, articulated by Chancellor I’Ashea Myles in a detailed 60-page document, has stirred expectations of an appeal from at least one of the plaintiffs involved in the lawsuit. Myles identified the universal modern expectation for immediate information. However, she emphasized that there are critical moments when the swift release of sensitive information must be carefully balanced against the broader needs to maintain the integrity of the legal process, particularly in criminal matters.
This case took a complex turn when some families from the Covenant School community brought forward an unusual legal argument. They claimed that the writings of the shooter were protected under copyright laws, arguing that these should not be considered public records. This legal stance was acknowledged as novel by Chancellor Myles and appears to have influenced the course of her decision.
On March 27, 2023, the Nashville community was shaken when a former student of the Covenant School executed a horrific attack that claimed the lives of three young students — 9-year-olds Evelyn Dieckhaus, William Kinney, and Hallie Scruggs — and three adults, including headmaster Katherine Koonce, custodian Mike Hill, and substitute teacher Cynthia Peak.
Following the tragedy, requests for access to specific documents, including journals found in the shooter’s home and car, were submitted. These requests were primarily denied by the Nashville police, prompting a lawsuit filed by six groups, including news organizations, a month after the shooting.
The legal battle swiftly evolved into a more contentious debate as the Covenant School, Covenant, Presbyterian Church, and a substantial group of over 100 parents of Covenant students were permitted to intervene. Their involvement was supported by Tennessee’s appellate courts, further distinguishing this case.
Further complicating matters was the confirmation in court by the shooter’s family’s attorney, Eric Osborne, that the journals’ ownership had been officially transferred to a group of Covenant families. Unlicensed excerpts from these journals later found their way into public view via leaks to a media personality, though the source of these leaks was not disclosed by police.
Debate during a two-day hearing in April laid bare the diverging perspectives on the issue. Advocates for the release argued that the exceptions stipulated under the Tennessee Public Records Act did not apply. Conversely, the Covenant groups contended multiple exceptions should prevent the release, such as concerns over school safety and their copyright interests.
Myles ended the April hearings with a poignant address to the families affected, underscoring her empathic awareness of the case’s emotional depth and its potential wide-reaching implications across Tennessee. The case’s complexity was underscored when anticipated rulings in mid-June were postponed following new leaks of information, prompting a reevaluation of the situation.
The demand for these records, as argued by one of the parties, is underscored by a desire to shed further light on factors contributing to the tragic event, including societal and mental health issues and broader concerns about firearm policies. However, the withholding stance of the city, justified by an ongoing criminal investigation, implies that the records, although potentially available in the future, may undergo significant redactions unless ordered otherwise by a court.