NASHVILLE, Tenn. (WTVF) — Metro Legal Director Wally Dietz said The Covenant School documents were last given to his department before they were placed under seal by the court.
The photos taken of three pages of documents — which were not part of the official case file — made their way onto a conservative talk show on Monday. That has since sparked an internal investigation with the Metro Nashville Police Department. Seven officers are under administration assignment.
None of the documents have been made available to the public since March 27, when three adults and three children died and the shooter was shot and killed by police. NewsChannel 5 filed a request for the documents, but that was denied. NewsChannel 5 has never had possession nor seen the shooter's documents. We have repeatedly requested their release as part of a public records request.
Authorities cataloged 47 items they took from the shooter's home, where they found guns, a suicide note, journals and more. They found 20 journals among the shooter's belongings. Dietz said the items from the shooter's car were secured and inventoried. That recovery also counted more journals as part of the investigative file.
"Until this matter is resolved by the courts, Metro Nashville is prohibited from releasing the journals," Dietz said. "The journals are filed under seal with the chancery court, and may not be released by MNPD, the mayor, Metro Legal or any other local authority."
Why are the documents under seal?
Right now, the documents are with Metro Nashville police as they are embroiled in a lawsuit over their release.
Metro Nashville Police Chief John Drake said earlier in 2023 that the department would release The Covenant School shooter documents if ordered by the court to do so.
Metro's legal attorney Lora Fox said the city would have to address the release of documents at some point.
"I don’t represent the school or the church," she said in mid-October. "We have a conflict we are taking because at the end of the investigation under existing case law the criminal investigation becomes a public record. But they should be heard."
As of now, the documents are part of a pending lawsuit, including five different parties. Most recently, the court granted motions for The Covenant School, Covenant Presbyterian Church and families to intervene in the discussion over the release of documents written by the shooter. While they will not be responsible for the final decision, their opinion will be allowed in the legal discussion over the matter.
As part of that lawsuit, MNPD officers have filed documents saying it could take up to a year to analyze all of the shooter's writings.
The declarations by MNPD Assistant Chief Mike Hagar and Lt. Brent Gibson said that police were still actively investigating the mass shooting that left six people dead in addition to the shooter at The Covenant School. The two said even though the shooter died the investigation doesn't "automatically close."
The Covenant Church and the families have sued to keep the documents from the public. Right now, the case is before the Tennessee Court of Appeals.
