A judge has sided with TikTok influencer Emilie Kiser in her effort to restrict public access to specific records concerning her three-year-old son’s death.
Emilie Kiser, who has amassed over four million followers on TikTok, succeeded in her legal case following the tragic incident where her son, Trigg, fell into the swimming pool at their Arizona residence and sadly died six days later.
Trigg’s fall into the pool occurred on May 12, and emergency responders performed CPR before he was transported to Chandler Regional Hospital.
Subsequently, he was airlifted to Phoenix Children’s Hospital, where he passed away on May 18.
During the investigation, there was a suggestion that Kiser’s husband, Brady, could face child abuse charges, a recommendation which was withdrawn by the police two weeks prior.
The father reported losing sight of Trigg for up to five minutes while caring for their newborn.
The Chandler Police Department’s report noted that Trigg was “playing around the unsecured pool and unable to swim.”
The report further detailed, “It is clear from the video that he did not go into the water intentionally, rather, he tripped and fell in while playing with an inflatable chair.”
Trigg was reportedly unsupervised in the backyard for over nine minutes, with the report indicating he spent approximately seven minutes in the water.
Kiser initiated a lawsuit on May 27 against Maricopa County public offices to prevent the release of records related to her son.
According to The Independent, over 100 public records requests were made to the city of Chandler and the Maricopa County Medical Examiner’s Office, which the lawsuit described as a ‘profound invasion of privacy’ that could inflict ‘irreparable harm’ on Kiser’s family.
Defendants named in the lawsuit included the city of Chandler, the Chandler Police Department, and Maricopa County.
The lawsuit stated: “Emilie and her family desperately want to grieve in private, but sadly, the public will not let them. Trigg’s death has become a media frenzy.”
NBC News reported that Kiser neither reviewed nor wished to review any of the requested documents.
The records in question include surveillance footage of the incident, body camera recordings, autopsy reports, and the police report.
Recently, the Arizona Superior Court for Maricopa County ruled that Kiser could redact two pages from a Chandler Police Department report, thereby preserving some privacy regarding her son and his death.
“The transcript on the disputed sections are not necessary for public accountability,” Judge Christopher Whitten stated on August 8. “Its disclosure would serve no purpose other than satisfying morbid curiosity.”
Kiser’s lawyer, Shannon Clark, expressed gratitude for the judge’s decision, stating that the redaction allows the family to maintain some dignity in the memory of Trigg.
“These redactions do not alter any material facts of the accident,” the attorney told E! News in a statement. “But they protect the dignity of a little boy whose memory should reflect the love and light he brought to the world.”
However, Michael Kelley, an attorney for The Arizona Republic newspaper, argued that the redaction could omit crucial information and context necessary for public understanding of the investigation and subsequent legal decisions.
For now, the decision means that some details regarding Trigg’s death will remain inaccessible to reporters and the public.
If you have experienced a bereavement and would like to speak with someone in confidence, contact The Compassionate Friends at (877) 969-0010.