NASHVILLE, Tenn. (NewsNation) — A Tennessee judge is set to hear arguments Tuesday over whether The Covenant School shooter’s so-called “manifesto” should be made public.
What started as a simple public records request has ballooned into a messy mix of conspiracy theories, leaked documents, probate battles and new legislation as different sides try to gain an advantage. And even though the main issue of which police investigative records can be released has finally made it to a court hearing, any decision by Chancery Court Judge I’Ashea Myles is likely to be appealed.
The Covenant School shooting
On March 27, 2023, a school shooter killed three kids and three adults at the Christian elementary school in Nashville.
The six shooting victims were identified as Evelyn Dieckhaus, Hallie Scruggs and William Kinney, all age 9; Cynthia Peak, 61; Katherine Koonce, 60; and Mike Hill, 61.
Evelyn Dieckhaus, a 9-year-old student at Covenant School, was killed during the private elementary school shooting. (Credit: WKRN) 
Hallie Scruggs, a 9-year-old student at The Covenant School, was killed during the private elementary school shooting. (Credit: WKRN) 
Cynthia Peak, 61, was substitute teaching at The Covenant School when she was killed by the gunman. (Credit: ATC) 
Katherine Koonce, 60, was the head of The Covenant School. She was killed by the gunman during the school shooting. (Credit: The Covenant School/ WKRN) 
Mike Hill, 61, was a custodian at The Covenant School. He was killed by the gunman during the school shooting. (Credit: WKRN)
There was not a school resource officer on-site at the time of the shooting. A five-officer unit with the Metro Nashville Police Department rushed to the scene, handling the situation in 14 minutes, according to Nashville’s mayor.
School shooter’s writings recovered
Early in their investigation of the shooting at The Covenant School, police announced they recovered writings by the suspect they described as a “manifesto.” Police later clarified that there was no manifesto, only a series of writings including at least 20 journals, a suicide note and a memoir, according to court documents.
While body camera footage of the shooting was released, the shooter’s writings were not. The judge will hear arguments over the next two days on whether the records should be made public.
The writings have been the object of intense speculation and an open-records battle, with several groups suing to force Nashville officials to release them to the public. Part of the interest in the records stems from the fact that Hale, who police say was “assigned female at birth,” may have identified as a transgender man.
Police initially said they intended to release the writings once they closed their investigation, which could take a few more months.
FILE – Two women hug near a memorial at the entrance to The Covenant School, March 29, 2023, in Nashville, Tenn. The Tennessee Court of Appeals heard arguments Monday, Oct. 16, on whether Tennessee law gives the parents of school shooting victims the right to have a say over which police records are released to the public. (AP Photo/Wade Payne, File) 
A young girl places an item at a growing memorial,Tuesday, March 28, 2023, in Nashville, at an entry to Covenant School for the victims of Monday’ shooting. (AP Photo/John Amis) 
Girls write messages on crosses at an entry to Covenant School, Tuesday, March 28, 2023, in Nashville, Tenn., which has become a memorial for the victims of Monday’s school shooting. (AP Photo/John Amis) 
A woman leaves flowers at a growing memorial, Tuesday, March 28, 2023, in Nashville, at an entry to Covenant School for the victims of Monday’ shooting. (AP Photo/John Amis) 
People pay their respects at a makeshift memorial for victims at the Covenant School building at the Covenant Presbyterian Church following a shooting, in Nashville, Tennessee, on March 28, 2023. – A heavily armed former student killed three young children and three staff in what appeared to be a carefully planned attack at a private elementary school in Nashville on March 27, before being shot dead by police. Chief of Police John Drake named the suspect as Audrey Hale, 28, who the officer later said identified as transgender. (Photo by Brendan SMIALOWSKI / AFP) (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images) 
(Photo: WKRN) 
Children from The Covenant School, a private Christian school in Nashville, Tenn., hold hands as they are taken to a reunification site at the Woodmont Baptist Church after a shooting at their school, on Monday March, 27, 2023. (AP Photo/Jonathan Mattise)
Legal battles over records release
Since then, several family members of the shooting victims joined a lawsuit and filed petitions against the release of the writings, arguing that none of the documents should ever be released. They say the shooter’s writings could traumatize their children and inspire copycats.
While most victims’ families are against releasing the writings, one family member wants them to be made public.
Reggie Hill, the brother of shooting victim Mike Hill, said, “For me personally, not knowing the shooter’s true motives leaves a large void in my heart and in my brother’s story.”
Others, including former presidential candidate Vivek Ramaswamy, have argued that the documents are public records and should be released. Some state lawmakers stated that they want to use the information to understand why the shooting happened and develop policies to protect students.
Last year, the National Police Association filed Freedom of Information Act requests to try and get the writings released but were denied by a judge.
Despite the ongoing legal battle, three pages of the writings were leaked by a conservative radio host last November. However, after about a month of an internal investigation, police said they were unable to determine who gave the radio host the writings.
Parents’ group gains ownership over shooter’s writings
To further complicate the issue, the parents’ group just last week gained ownership rights to the writings from the shooter’s parents. They have threatened in court filings to sue anyone who publishes them, in the case that they are eventually released.
Tennessee state Sen. Todd Gardenhire filed a bill that would prevent nongovernmental parties, like the parents, from intervening in public records disputes.
“Third party intervenors take away the government’s control of its own records,” the Chattanooga Republican told fellow lawmakers in the Senate State and Local Government Committee on March 12.
The parents have cried foul, accusing Gardenhire of violating ethics rules by not disclosing his involvement in the Covenant records case. Gardenhire said the legislation, if passed, will have no effect on the case being heard Tuesday.
NewsNation affiliate WKRN and the Associated Press contributed to this report.
