Influencer Emilie Kiser’s plea to redact details about son Trigg’s tragic death was granted in an order by the judge.
“This case requires a difficult balancing between two strong but competing interests: the strong right the public has in examining government records under Arizona’s Public Records Law, and the profound privacy rights of a grieving mother,” read the judge wrote in a letter obtained by Us Weekly on Friday, August 8.
Kiser, 26, did “not object” to the release of the report. Instead, she requested to have “two and a quarter pages and one sentence” redacted as it contained “graphically detailed descriptions of the video capturing the final moments” of her son’s life.
“However, this right of access is not absolute,” the letter continued. “Courts recognize that privacy concerns can outweigh the public’s right to know when disclosure would cause specific and material harm …The balancing test is fact specific: the proponent of non-disclosure must show a probability of harm that is significant enough to override the presumption of access.”
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The judge added that “Arizona courts have consistently recognized a family’s right to prevent public release of graphic or intimate records involving a loved one’s death.”
According to the letter, the information Kiser sought to redact offers a “moment-by-moment written depiction of a video capturing a young child’s death.”
“The vivid and granular nature places it closer to the kind of graphic, emotionally disturbing material that … may justifiably be shielded from public release,” the judge stated.
While it was argued that the “public cannot fully evaluate the police investigation” without seeing “every portion of the report,” the court ultimately agreed with Kiser.
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“The public can fully understand the scope of the investigation and the rationale for the County Attorney’s decision through the unredacted 53 pages, which describe the events, timeline, witness accounts and law enforcement conclusions,” the letter read.
The judge also noted that “the transcript on the disputed sections are not necessary for public accountability.”
“Its disclosure would serve no purpose other than satisfying morbid curiosity and, as [Emilie] persuasively argues, would risk exploitation by bad actors,” the docs stated.
Kiser reacted to the legal win on Friday via a statement by her attorney shared with Us, “We’re grateful to Judge Whitten for carefully balancing the important interests at stake and allowing a narrow but meaningful redaction to the Chandler police report, removing two pages that detail the graphic final moments of Trigg’s life. These redactions do not alter any material facts of the accident, but they protect the dignity of a little boy whose memory should reflect the love and light he brought to the world.”
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The statement continued: “From the start, this has been about protecting Trigg and the family’s ability to grieve privately. This decision allows them, and the public, to remember him for the beautiful life he lived, not the tragic way it ended.”
Us previously confirmed that Emilie and husband Brady Kiser’s 3-year-old son died on May 18 after being discovered unconscious in the family’s backyard pool six days prior. Brady told authorities at the time that he was home alone watching Trigg and his and Emilie’s 2-month-old son, Teddy, when the incident occurred, per USA Today. After losing sight of his son, Brady found Trigg in the pool. He jumped in to save his son and called 911.
Following an investigation completed by the Chandler Police Department in July, police recommended Brady face a felony charge of child abuse. The Maricopa County Attorney’s Office confirmed later that month that the father of two would not be facing charges, stating there is “no reasonable likelihood of conviction.” The investigation is now closed.
