NASHVILLE, Tenn. (AP) — Some of the writings of a former student who fatally shot three 9-year-old children and three adult staff members at a private Christian elementary school last year can be released to the public without compromising the investigation, a lawyer for police said in court Tuesday.
The comments by attorney Lora Fox came on day one of a two-day hearing over whether records collected by police investigating the March 27, 2023, shooting at the Covenant School can be made public.
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CORRECTS LAST NAME TO LEATHERWOOD, NOT LEATHER - Covenant School parent Brent Leatherwood, right, hugs attorney Eric Osborne, left, before a hearing to decide whether the journals of a Nashville school shooter can be released to the public, Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
NASHVILLE, Tenn. (AP) — Some of the writings of a former student who fatally shot three 9-year-old children and three adult staff members at a private Christian elementary school last year can be released to the public without compromising the investigation, a lawyer for police said in court Tuesday.
Attorney Russell Nobile, representing the Tenn. Firearms Association, listens during a hearing to decide whether the journals of the Covenant School shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Eric Osborne, who represents The Covenant School parents, listens during a hearing to decide whether the journals of the Covenant School shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Richard Harlow, who represents The Tennessean, presents arguments to release the journals and documents related to the Covenant School shooter case to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Richard Harlow, who represents The Tennessean, presents arguments to release the journals and documents related to the Covenant School shooter case to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Nashville Law Department Associate Director attorney Lora Barkenbus Fox, right, confers with a colleague during a hearing to decide whether the journals of the Covenant School shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Douglas Pierce argues for the release of the Covenant School shooter's journals of during a hearing to decide whether the documents can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Covenant School parent Brent Leatherwood attends a hearing to decide whether the journals of a Nashville school shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
CORRECTS LAST NAME TO LEATHERWOOD, NOT LEATHER - Covenant School parent Brent Leatherwood, right, hugs attorney Eric Osborne, left, before a hearing to decide whether the journals of a Nashville school shooter can be released to the public, Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Chancellor I'Ashea L. Myles presides over a hearing to decide whether the journals of the Covenant School shooter can be released to the public, Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
FILE - A roadside memorial is stands near the Covenant School on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. Whether the journals of a Nashville school shooter can be released to the public will go before a Tennessee judge on Tuesday, April 16, after nearly a year of legal wrangling over who gets to participate in the case. (AP Photo/George Walker IV, File)
Metro Nashville Police have said that an exception to the Tennessee Public Records Act allows them to keep the records private until their investigation is complete. On Tuesday, Fox maintained that position but said a subset of the records — the writings found in the shooter's car — “Metro believes can be released."
However, an attorney representing the Covenant School argued that a different law forbidding the release of information, records, or plans related to school security should prevail. Construed broadly, the school safety exception could apply to all of the shooter's writings, Peter Klett argued, because releasing them could inspire copycats.
“You do have individuals who could take the writings of the shooter and commit violence against the Covenant School or some other school. As a result, your honor, we believe that that presents a serious security threat to the Covenant School and other schools in this community and elsewhere," he said.
Those seeking the immediate release of the records include news outlets, a gun rights group, a law enforcement nonprofit and Tennessee State Sen. Todd Gardenhire. They argue there is no meaningful criminal investigation underway since the shooter is dead, killed by police. It does not matter that the investigation is officially still open.
“If there is an open investigation but not a contemplated criminal action, the records need to come out,” said attorney Nicholas Berry, who represents Star News Digital Media. “A theoretically possible criminal proceeding is not sufficient.”
The shooter left behind at least 20 journals, a suicide note and a memoir, according to court filings. A few pages of one journal were leaked to a conservative commentator who posted them to social media in November. Part of the interest in the records stems from the fact that the shooter, who police say was “assigned female at birth,” may have identified as a transgender man.
U.S. Sen. Josh Hawley, of Missouri, is among those who have promoted a theory that the shooting was a hate crime against Christians. The delay in releasing the writings has fueled speculation — particularly in conservative circles — regarding what they might contain and conspiracy theories about why police won’t release them.
Further complicating the issue, a group of Covenant School parents last week gained ownership rights to the shooter's writings. They have threatened in court filings to copyright them and sue anyone who publishes them. Further testimony about the copyright claims is expected to take place on Wednesday, when the hearing continues.
Peter Klett, attorney for The Covenant School, left, and Rocky King, attorney for the The for Covenant Presbyterian Church, right, confer during a hearing to decide whether the journals of a Nashville school shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Russell Nobile, representing the Tenn. Firearms Association, listens during a hearing to decide whether the journals of the Covenant School shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Eric Osborne, who represents The Covenant School parents, listens during a hearing to decide whether the journals of the Covenant School shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Richard Harlow, who represents The Tennessean, presents arguments to release the journals and documents related to the Covenant School shooter case to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Richard Harlow, who represents The Tennessean, presents arguments to release the journals and documents related to the Covenant School shooter case to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Nashville Law Department Associate Director attorney Lora Barkenbus Fox, right, confers with a colleague during a hearing to decide whether the journals of the Covenant School shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Attorney Douglas Pierce argues for the release of the Covenant School shooter's journals of during a hearing to decide whether the documents can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Covenant School parent Brent Leatherwood attends a hearing to decide whether the journals of a Nashville school shooter can be released to the public Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
CORRECTS LAST NAME TO LEATHERWOOD, NOT LEATHER - Covenant School parent Brent Leatherwood, right, hugs attorney Eric Osborne, left, before a hearing to decide whether the journals of a Nashville school shooter can be released to the public, Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
Chancellor I'Ashea L. Myles presides over a hearing to decide whether the journals of the Covenant School shooter can be released to the public, Tuesday, April 16, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)
FILE - A roadside memorial is stands near the Covenant School on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. Whether the journals of a Nashville school shooter can be released to the public will go before a Tennessee judge on Tuesday, April 16, after nearly a year of legal wrangling over who gets to participate in the case. (AP Photo/George Walker IV, File)
NEW YORK (AP) — Protesters and police clashed Monday at the University of Texas in a confrontation that resulted in dozens of arrests, and Columbia University began issuing suspensions as colleges around the U.S. begged pro-Palestinian demonstrators to clear out tent encampments as commencement ceremonies approach.
From coast to coast, demonstrators are sparring over the Israel-Hamas war and its mounting death toll, and the number of arrests at campuses nationwide is approaching 1,000 as the final days of class wrap up. The outcry is forcing colleges to reckon with their financial ties to Israel, as well as their support for free speech.
The protests have even spread to Europe, with French police removing dozens of students from the Sorbonne university after pro-Palestinian protesters occupied the main courtyard. In Canada, student protest camps have popped up at the University of Ottawa, McGill University in Montreal and the University of British Columbia in Vancouver, The Canadian Press reported.
At the University of Texas at Austin, an attorney said at least 40 demonstrators had been arrested Monday, some of them by officers in riot gear who encircled about 100 sitting protesters, dragging or carrying them out one by one amid screams. Another group of demonstrators trapped police and a van full of arrestees between buildings, creating a mass of bodies pushing and shoving and prompting the officers to use pepper spray and flash-bang devices to clear the crowd.
The confrontation was an escalation on the 50,000-student campus in the state's capital. On social media, Republican Gov. Greg Abbott reposted video of state troopers arriving, saying “No encampments will be allowed." Just last week, hundreds of police pushed into protesters at the university, arresting more than 50 people.
The Texas protest and others grew out of Columbia's early demonstrations that have continued. On Monday, student activists at Columbia defied a 2 p.m. deadline to leave an encampment of around 120 tents on the school’s Manhattan campus. Instead, hundreds of protesters marched around the quad, clapping, chanting and weaving around piles of temporary flooring and green carpeting meant for graduation ceremonies that are supposed to begin next week.
A handful of counter-demonstrators waved Israeli flags, and one held a sign reading, “Where are the anti-Hamas chants?”
The university didn’t call police to roust the demonstrators. But three hours after the deadline passed, school spokesperson Ben Chang said Columbia had begun suspending students. He didn’t indicate how many students were involved. He also didn't say how the suspensions would be carried out or whether suspended students would be ejected from the campus.
Chang said that while the university appreciated the free speech rights of students, the encampment was a “noisy distraction” that was interfering with teaching and preparation for for final exams. The protests also made some Jewish students deeply uncomfortable, he said.
Protest organizers said they were not aware of any suspensions as of Monday evening.
The notice sent to protesters earlier Monday said if they left by the deadline and signed a form committing to abide by university policies through June 2025, they could finish the semester in good standing. If not, the letter said, they would be suspended, pending further investigation.
College classes are wrapping up for the semester, and campuses are preparing for graduation ceremonies, giving schools an extra incentive to clear encampments. The University of Southern California canceled its main graduation ceremony.
But students dug in their heels at other high-profile universities, with standoffs continuing at Harvard, the University of Pennsylvania, Yale and others.
Protesters at Yale set up a new camp with dozens of tents Sunday, nearly a week after police arrested nearly 50 and cleared a similar one nearby. They were notified by a Yale official that they could face discipline, including suspension, and possible arrest if they continued.
Yale said in a statement Monday that while it supports peaceful protests and freedom of speech, it does not tolerate policy violations such as the encampment. School officials said that the protest is near residential colleges where many students are studying for final exams, and that permission must be granted for groups to hold events and put up structures on campus.
In a rare case, Northwestern University said it reached an agreement with students and faculty who represent the majority of protesters on its campus near Chicago. It allows peaceful demonstrations through the June 1 end of spring classes, requires removal of all tents except one for aid, and restricts the demonstration area to allow only students, faculty and staff unless the university approves otherwise.
At Brown University in Rhode Island, school President Christina H. Paxton offered protest leaders the chance to meet with officials to discuss their arguments for divestment from Israel-linked companies in exchange for ending an encampment.
In the letter to student protesters at Columbia, school officials noted that exams are beginning and graduation is upcoming.
“We urge you to remove the encampment so that we do not deprive your fellow students, their families and friends of this momentous occasion,” the letter said.
The demonstrations have led Columbia to hold remote classes. The school said in an email to students that bringing back police “at this time” would be counterproductive. The university said it will offer an alternative venue for the protests after exams and graduation.
Columbia's handling of the protests has prompted federal complaints.
A class-action lawsuit on behalf of Jewish students alleges a breach of contract by Columbia, claiming the university failed to maintain a safe learning environment, despite policies and promises. It also challenges the move away from in-person classes and seeks quick court action requiring Columbia to provide security for the students.
Meanwhile, a legal group representing pro-Palestinian students is urging the U.S. Department of Education's civil rights office to investigate Columbia's compliance with the Civil Rights Act of 1964 for how they have been treated.
A university spokesperson declined to comment on the complaints.
The plight of students who have been arrested has become a central part of protests, with the students and a growing number of faculty demanding amnesty for protesters. At issue is whether the suspensions and legal records will follow students through their adult lives.
Demonstrators on other campuses, meanwhile, said they would stand firm. Jacob Ginn, a second-year University of North Carolina sociology graduate student, said he had been protesting at the encampment for four days, including negotiations with administrators Friday.
“We are prepared for everything and we will remain here until the university meets our demands and we will remain steadfast and strong in the face of any brutality and repression that they try to attack us with,” Ginn said in reference to a potential police sweep of the encampment.
Vertuno reported from Austin, Texas, and Mattise reported from Nashville, Tennessee. Associated Press journalists around the country contributed to this report, including Sarah Brumfield in Silver Spring, Maryland; Christopher Weber in Los Angeles; Carolyn Thompson in Buffalo, New York; David Collins in Hartford, Connecticut; Makiya Seminera in Chapel Hill, North Carolina; and Corey Williams in Detroit.
Texas state troopers line up below the University of Texas at Austin Tower to clear a pro-Palestinian encampment on the campus Monday, April 29, 2024, in Austin, Texas. (Aaron E. Martinez/Austin American-Statesman via AP)
University of Texas at Austin police arrest a protester at a pro-Palestinian encampment on the campus Monday, April 29, 2024, in Austin, Texas. (Aaron E. Martinez/Austin American-Statesman via AP)
State troopers arrest a person at a pro-Palestinian protest at the University of Texas in Austin, Texas, Monday, April 29, 2024. (Jay Janner/Austin American-Statesman via AP)
A pro-Palestinian protester yells as state troopers stand during a protest at the University of Texas in Austin, Texas, Monday April, 29, 2024. (Jay Janner/Austin American-Statesman via AP)
State troopers arrest a pro-Palestinian protester at the University of Texas in Austin, Texas, Monday, April 29, 2024. (Jay Janner/Austin American-Statesman via AP)
Officers take a protester into custody at the University of Texas during a demonstration over the Israel-Hamas war, Monday, April 29, 2024, in Austin, Texas. (AP Photo/Jim Vertuno)
Police arrest a pro-Palestinian protester at the University of Texas in Austin, Texas, Monday April 29, 2024. (Jay Janner/Austin American-Statesman via AP)
Students gather on the UCLA campus to protest the Israel-Hamas war, Monday, April 29, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)
Columbia sophomore, David Lederer, waves a large flag of Israel outside the student protest encampment on the Columbia University campus, Monday, April 29, 2024, in New York. Protesters of the war in Gaza who are encamped at Columbia University have defied a deadline to disband with chants, clapping and drumming. (AP Photo/Stefan Jeremiah)
Student protesters march around their encampment on the Columbia University campus, Monday, April 29, 2024, in New York. (AP Photo/Stefan Jeremiah)
Student protesters march round their encampment on the Columbia University campus, Monday, April 29, 2024, in New York. (AP Photo/Stefan Jeremiah)
Columbia sophomore, David Lederer, waves a large flag of Israel outside the student protest encampment on the Columbia University campus, Monday, April 29, 2024, in New York. Protesters of the war in Gaza who are encamped at Columbia University have defied a deadline to disband with chants, clapping and drumming. (AP Photo/Stefan Jeremiah)
Student protesters march round their encampment on the Columbia University campus, Monday, April 29, 2024, in New York. (AP Photo/Stefan Jeremiah)
Barricades torn down by demonstrators are piled in the center of an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)
A banner reading "Just Say No To Genocide Joe" is unfurled on the ground at an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)
Barricades torn down by demonstrators are piled in the center of an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)
Pro-Palestinian protesters continued to occupy the grounds at University of California, Los Angeles in front of Royce Hall on Monday, April 29, 2024, in Los Angeles. Security has surrounded the encampment after a skirmish broke out Sunday between the Pro-Palestianian protesters and Israel supporters. (David Crane/The Orange County Register via AP)
A person who declined to give their name maneuvers among tents at an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)
A person rests against a tree at an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)
People sit in the shade near tents at an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)
Barricades torn down by demonstrators are piled in the center of an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)
A man passes in front of the pro-Palestinian protesters' tents as they continued to occupy the grounds at University of California, Los Angeles, in front of Royce Hall, Monday, April 29, 2024, in Los Angeles. Security has surrounded the encampment after a skirmish broke out Sunday between pro-Palestinian protesters and Israel supporters. (David Crane/The Orange County Register via AP)
University of Missouri students parade a banner in front of Jesse Hall during a walkout and demonstration calling for a cease-fire in Gaza, Monday, April 29, 2024, in Columbia, Mo. The group made up of about 300 people met at Lowry Mall and walked toward Francis Quadrangle. (Brian W. Kratzer/Missourian via AP)
Speakers take turns addressing a rally on Francis Quadrangle at the University of Missouri campus Monday, April 29, 2024, in Columbia, Mo. Students staged a walkout and demonstration calling for a cease-fire in Gaza. The group made up of about 300 peopl, met at Lowry Mall and walked to the Quad and back. (Brian W. Kratzer/Missourian via AP)
Speakers take turns addressing a rally on Francis Quadrangle at the University of Missouri campus Monday, April 29, 2024, in Columbia, Mo. Students staged a walkout and demonstration calling for a cease-fire in Gaza. The group made up of about 300 people met at Lowry Mall and walked to the Quad and back. (Brian W. Kratzer/Missourian via AP)
University of Missouri students stage a walkout and demonstration in front of Jesse Hall as they call for a cease-fire in Gaza, Monday, April 29, 2024, on the campus in Columbia, Mo. The group made up of about 300 people met at Lowry Mall and marched to the Francis Quadrangle. (Brian W. Kratzer/Missourian via AP)
Columbia University faculty and staff gather on the campus in solidarity with student protesters who are demonstrating against the university's investments in Israel, Monday, April 29, 2024, in New York. (AP Photo/Stefan Jeremiah)
Students protesters gather at an encampment on the Columbia University campus protesting the war in Gaza, Monday, April 29, 2024, in New York. Protesters of the war in Gaza who are encamped at Columbia University have defied a deadline to disband with chants, clapping and drumming. (AP Photo/Stefan Jeremiah)
Students protesters gather at an encampment on the Columbia University campus protesting the war in Gaza, Monday, April 29, 2024, in New York. Protesters of the war in Gaza who are encamped at Columbia University have defied a deadline to disband with chants, clapping and drumming. (AP Photo/Stefan Jeremiah)
Student protesters gather in protest inside their encampment on the Columbia University campus, Monday, April 29, 2024, in New York. Protesters of the war in Gaza who are encamped at Columbia University have defied a deadline to disband with chants, clapping and drumming. (AP Photo/Stefan Jeremiah)
Notice of Trespass sign posted on barricades informing protesters in encampment on University of Pennsylvania campus on Monday, April 29, 2024. Colleges around the U.S. implored pro-Palestinian student protesters to clear out tent encampments with rising levels of urgency Monday. College classes nationwide are wrapping up for the semester, and campuses are preparing for graduation ceremonies. (Alejandro A. Alvarez/The Philadelphia Inquirer via AP)
Pro-Palestinian protesters camp out in tents at Columbia University on Saturday, April 27, 2024 in New York.(AP Photo/Yuki Iwamura)
Police arrest pro-Palestinian protesters attempting to camp on Washington University's campus, Saturday, April 27, 2024, in St. Louis, Mo. (Christine Tannous/St. Louis Post-Dispatch via AP)
A Pro-Palestinian demonstration encampment is seen at the Columbia University, Saturday, April 27, 2024, in New York. (AP Photo/Yuki Iwamura)
FILE - A sign that reads, "Gaza Solidarity Encampment," is seen during the pro-Palestinian protest at the Columbia University campus in New York, Monday April 22, 2024. (AP Photo/Stefan Jeremiah, File)
Protesters in support of Palestinians link arms as police prepare to arrest them on Washington University's campus in St. Louis, Saturday, April 27, 2024. (Christine Tannous/St. Louis Post-Dispatch via AP)
A George Washington University student, who declined to give her name, works on a school assignment while joining other students in protesting the Israel-Hamas war at George Washington University in Washington, Saturday, April 27, 2024. Protests and encampments have sprung up on college and university campuses across the country to protest the war. (AP Photo/Cliff Owen)
A Palestinian flag flutters in the wind during a pro-Palestinian encampment, advocating for financial disclosure and divestment from all companies tied to Israel and calling for a permanent cease-fire in Gaza, inside Columbia University Campus on Sunday, April 28, 2024, in New York. (AP Photo/Andres Kudacki)
A Palestinian flag is reflected in a demonstrator's mask as students protest the Israel-Hamas war at George Washington University in Washington, Sunday, April 28, 2024. Protests and encampments have sprung up on college and university campuses across the country to protest the war. (AP Photo/Cliff Owen)
A woman wearing a keffiyeh walks by a pro-Palestinian encampment, advocating for financial disclosure and divestment from all companies tied to Israel and calling for a permanent cease-fire in Gaza, inside Columbia University Campus on Sunday, April 28, 2024, in New York. (AP Photo/Andres Kudacki)
Green Party presidential candidate Jill Stein, left, links arms with others, including Alderwoman Alisha Sonnier, second from right, and Aldermanic President Megan Green, right, while surrounding pro-Palestinian protesters as police show up to their encampment on the campus of Washington University, Saturday, April 27, 2024, in St. Louis, Mo. Dozens were arrested during the protest. (Christine Tannous/St. Louis Post-Dispatch via AP)
Northeastern University police remove and arrest protesters one by one as they sit in zip tie handcuffs at the tent encampment on campus in Boston, Saturday, April 27, 2024. Dozens of NU students and other protesters who set up tents with them on the NU campus were arrested by state, Boston and NU police. (John Tlumacki/The Boston Globe via AP)
Pro-Palestinian protesters link arms around campers as police show up to their encampment on Washington University's campus, Saturday, April 27, 2024, in St. Louis, Mo. Dozens were arrested during the protest. (Christine Tannous/St. Louis Post-Dispatch via AP)
Police arrest protesters attempting to camp in support of Palestinians on Washington University's campus in St. Louis, Saturday, April 27, 2024. (Christine Tannous/St. Louis Post-Dispatch via AP)
People listen to a speaker at a pro-Palestinian encampment, advocating for financial disclosure and divestment from all companies tied to Israel and calling for a permanent cease-fire in Gaza, inside the campus of Columbia University, Sunday, April 28, 2024, in New York. (AP Photo/Andres Kudacki)
