Emilie Kiser sues to keep records about son's drowning from public view
Social media influencer Emilie Kiser has filed a lawsuit in Arizona to block investigative records about her son's drowning from being released to the public.
Trigg Kiser, 3, died in the hospital May 18, about a week after police responded to a drowning call at the Kiser home, near East Chandler Heights and South Cooper roads in Chandler.
The drowning took place in the family's backyard pool and is under investigation, Chandler police said.
The public won't let Kiser or her family grieve in private as she endures every parent's worst nightmare, wrote her attorneys in the lawsuit, filed May 27 under Kiser's maiden name, Henrichsen.
"Emilie is trying her best to be there for her surviving son, two-month-old Theodore," the lawsuit said. "But every day is a battle."
The lawsuit said Trigg's accidental death had become a "media frenzy."
More than 100 public records requests were filed with the Chandler Police Department and the Maricopa County Office of the Medical Examiner for documents and information on Trigg's death, according to the filing.
Those records could include the police report, body camera footage, scene photos, 911 calls and the autopsy report, the lawsuit said. In Arizona, police officials often redact portions of those items.
Those records have not been made available to Kiser's lawyers, nor does Kiser want to see them, the suit said. They could reveal "graphic, distressing and intimate details" of Trigg's death that have nothing to do with government accountability, it said.
The death was a private family matter, did not involve the public and the government was only "tangentially" involved when first responders arrived at the Kiser home on May 12, the lawsuit said.
"To allow disclosure in these circumstances would be to turn Arizona's Public Records Law into a weapon of emotional harm, rather than a tool of government transparency," the lawsuit said.
What we know: Son of Chandler-based influencer Emilie Kiser dies after water incident
If the records were released, the Kiser family would suffer "irreparable harm," Kiser's lawyers said, referencing a redacted declaration from Kiser attached to the lawsuit.
The lawsuit argued that many of the requests for public records related to Trigg's death were likely for commercial purposes. Arizona law does not consider requesting records for the purposes of news gathering to be a commercial purpose.
If the judge won't permanently prohibit the disclosure of the records, Kiser asked that the court review records before they are released to determine what "what, if any, information may be lawfully disclosed."
The defendants in the lawsuit include Chandler, its Police Department, the Maricopa County Office of the Medical Examiner, the Maricopa County Attorney's Office and the Arizona Department of Health Services of Vital Records.
Who is Emilie Kiser? How the Arizona TikTok influencer rose to fame
This article originally appeared on Arizona Republic: Emilie Kiser sues to keep records about son's drowning from public
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