“September 5th is forever going to be one of the hardest days of my life.”
Emilie Kiser is taking legal action following her son’s tragic death.
The 26-year-old social media influencer, who boasts more than 5.7 million followers on Instagram and TikTok, lost her 3-year-old son, Trigg Kiser, in an accidental drowning on May 18, per AZ Central.
His death, which occurred at the family’s home, was later confirmed by the Maricopa County Office of the Medical Examiner.
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On May 27, Emilie Kiser filed a lawsuit in Arizona Superior Court to block the release of public documents related to Trigg’s death, according to USA Today.
The outlet claims that more than 100 requests have been filed for access to the records since May 18.
The records are said to contain the official police report, the 911 call and photos taken at the scene.
"Emilie is trying her best to be there for her surviving son, two-month-old Theodore," the family’s lawyers state in the lawsuit, per USA Today. "But every day is a battle."
The lawsuit notes that Emilie Kiser has yet to see or review the documents in question.
Nonetheless, she and her lawyers fear that the documents contain “exceptionally raw and graphic” material that could “intrude upon personal dignity or cause unnecessary harm to private individuals.”
The Kiser family adds that they “desperately want to grieve in private,” but the “public will not let them.”
"The records requested presumably reveal graphic, distressing, and intimate details of Trigg’s death that have no bearing on government accountability," the lawsuit adds, per People.
The lawsuit comes nearly two weeks after Chandler police responded to calls of a possible drowning around 6 p.m. local time on Monday, May 12.
The identity of the deceased child wasn’t made public until May 18.
A statement by Chandler police spokesperson Sonu Wasu clarified that family members performed CPR on the 3-year-old boy until first responders arrived on the scene.
Trigg Kiser was initially taken to Chandler Regional Medical Center before being transferred to Phoenix Children's Hospital, where he died six days later.
Arizona law might not support Emilie Kiser’s request for privacy
Every state has its own rules and regulations for releasing public records.
While most police reports and 911 calls are released publicly, information in those documents is often redacted and some courts can rule to keep those documents private if their release could cause harm.
For example, singer Naomi Judd’s family filed a lawsuit in Tennessee in 2022 in hopes of preventing the release of public records surrounding her death. But that lawsuit was eventually dropped.
The same could happen for Emilie Kiser.
In her lawsuit, Emilie Kiser’s lawyers argue that the records around Trigg Kiser’s death were being requested for “commercial purposes,” per USA Today, rather than for public consumption.
But the Arizona Ombudsman Citizens' Aide contends that public records obtained for “news gathering” don't fall under the “commercial purpose” category.
Instead, a “commercial purpose” includes obtaining for sale or resale, obtaining names and addresses for the purpose of solicitation, or any instance where the purchaser anticipates monetary gain.
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Nonetheless, requesters are required to provide a purpose for their request, per Arizona law.
