Day 2 of The Covenant School shooting documents hearing

This is a live document, it will be updated as details come in.

On Tuesday, April 16, both parties in a lawsuit on whether to release the Covenant School shooter's documents to the public gathered in the courtroom.

Here is who is part of the suit:

1. Tennessee Firearms Association
2. The Tennessean newspapers
3. Star Digital Media - The Tennessee Star
4. Sen. Todd Gardenhire, R-Chattanooga
5. National Police Association

Each petitioner, with an exception of Senator Gardenhire, spoke in court.

Wednesday's discussions began on the topic of school security.

Attorney Rocklan W. King who represents the Covenant School stated that the three pages that were leaked contained information regarding school security. He added that if there's any information related to security it should not be disclosed.

King argued that the Tennessee Public Records Act (TPRA) exception (504p) ensures any info related to school security or records shouldn't be disclosed.

Peter Klett, who represents the Covenant church believes that the exemption is a broad statute.

"A shooter is motivated by fame and notoriety by publishing her writings and thoughts — providing her thoughts and platform you are providing the notoriety and fame," Klett said. "By doing that, the evidence we have presented that it's a real threat. They will engage in copycat behavior."

King argued that if it's information that's if an individual takes detailed notes on a school tour, that's information on school security.

Lora Fox, who represents Metro added that the police should redact what reflects school security and the government's position is that the remainder be released.

"I think you asked if you get into the nitty gritty of more specific information to someone is planning a crime or someone working for the school, they should be redacted," Fox added.

The arguments for the Covenant School & Church are a bit different than that of the Metro government.

Eric Osborne, the lawyer representing the Covenant families spoke next focusing on three legal issues. He focused on copyright, the Victims' Right Amendment and school safety.

"The Covenant School children fled a violent attack at their school. Today is their first full day back at the school," Osborne said. "This case is all about safety and safety for the children. This is indeed safety for all children everywhere."

Osborne said that the path of the families is that they do not want any media released from the shooter and that if the shooter created it, it should not be released.

Osborne added that he is aware the families and Metro are taking different paths.

On the topic of copyrighted work, Osborne argued that the journals and media were copy-written from the moment she wrote them and that the Covenant Children's Trust now owns them.

"There was a comment made yesterday that copyright is only for monetary gain. That is simply not true," he added. "We will never register this copyright. Our position is they never be released."

He continued onto his final argument which was that of victim's rights. He argued that the victims have to be protected from the entire system and the criminal justice system includes the police investigation.

"If victims cant assert their constitutional rights then they will be afraid to come forward," he said.

He added that, "you always have the constitutional rights that Tennessee gives all victims. The rights exist and they remain."

Osborne believes that the release of any writings will cause harm to the kids.

He ended his argument reading declarations from a parent who had three kids at the school and another letter from Erin Kinney, the mother of William, who died in the shooting.

"The sense of their security and innocence has been stolen from them," wrote the parent. "The threat of the shooter's writings coming out feels like we are under attack. I can't bear the thought of knowing her premeditated plans to kill children, including my own."

"I never imagined the evil that would walk through the school or my child wouldn't come home that way," wrote Kinney. "That I would stare at an empty bed. I will not stand by to allow these shooter's writings be published in any way. This mass murderer doesn't get to speak from the grave."

Following a 15 minute recess, Judge Myles asked Osborne about the families who are not represented in the case. She questioned how the court would be able to put one group of parents over the other if there are families who want them released.

According to Osborne, there were 103 out of 112 families who opted into their presentation.

"My understanding is that according to the school directory, 103 of the 112 families affirmatively opted in," he stated. "Children had to be present during that day to be represented. No more than nine families didn't opt-in."

"What I do in this case in regard to TPRA it has a broader reach than this," said Judge Myles. "I wanted to get your opinion on other families and different voices who may have a different reasoning who may have been in this situation or like situation. They may have different concerns."

Richard Hollow, The Tennessean's attorney, argued that the copyright and Tennessee Public Records Act were separate issues. He also said that news media was exempted from not receiving documents police documents.

Myles recognized the difficulty of the situation for everyone in the courtroom, and for those who lost loved ones.

"I hate that we got here from the incident on March 27. Before I am a chancellor, I am a human and a mom. My heart grieves for the parents and children and the victims who fell prey to this. I want you all to know I am sorry," she said. "I have to take what I feel out of it. I have to interpret the laws written by the legislature."

She continued:

"In regard to the leaked documents and rule of law, we uphold the Constitution of the US and Tennessee. I would appreciate if everyone did the same. You wouldn't take too kindly if I decided on a whim to disregard."

She closed court with a request for some post-hearing briefing on copyright law, and asking that everyone be gracious and kind to one another, as the parents are living a nightmare every day.