Will Public Records Reveal the Truth About Emilie Kiser's Son's Death? Here’s What We Know.
Social media influencer Emilie Kiser's lawsuit pushing to stop the release of public records related to her son's May death is now being litigated in an Arizona court.
Kiser's 3-year-old son Trigg died on May 18 after he was pulled from the family's backyard pool in Chandler, Arizona, days earlier, police previously confirmed to USA TODAY.
On May 27, Kiser filed a lawsuit in Arizona Superior Court for Maricopa County to keep records about what it referred to as an accidental drowning out of public view.
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Kiser's attorneys said in the filing that she and her family "desperately want to grieve in private, but sadly, the public will not let them," adding that her son's death "has become a media frenzy."
The case is now moving through the court — a hearing was held this week. Here's what we know.
What is Emilie Kiser's lawsuit about?
Kiser is suing several public agencies to prohibit officials from releasing public documents related to Trigg's death, including the police report, 911 call and scene photos.
According to the initial complaint, Kiser and her counsel have not seen the documents, but they presume they are "exceptionally raw and graphic."
The release of such records would "intrude upon personal dignity or cause unnecessary harm" to Kiser and her family, the lawsuit says.
"Emilie is trying her best to be there for her surviving son, two-month-old Theodore," the lawsuit says. "But every day is a battle."
Gallagher & Kennedy, the firm representing Kiser, has not responded to USA TODAY's requests for comment.
Kiser lawsuit update: Court places temporary ban on release of records
The first hearing in Kiser's case was held on June 3.
According to The Arizona Republic, part of the USA TODAY Network, Kiser's attorney Kevin O'Malley said during the hearing that some redacted documents are likely "appropriate" for public release.
As a result of the hearing, the parties in the case agreed to an interim order prohibiting the dissemination of the public records in question, according to court filings obtained by USA TODAY.
This means the records relating to Trigg's death will not be released while the case is litigated in court.
The order is meant in part to "prevent the premature public release of sensitive materials," according to the filing.
Some agencies dropped from lawsuit
Kiser's attorneys also filed a notice to dismiss some agencies from the lawsuit, including the Chandler Police Department, Maricopa County of Vital Registration, Arizona Department of Health, Arizona Department of Health Services Bureau of Vital Records and State Registrar of Vital Statistics, according to court records.
The agencies were dismissed from the case because they "have not filed an answer or other responsive pleading in this matter," according to the filing.
The remaining defendants in the case are the city of Chandler, Maricopa County, Maricopa County Attorney's Office and Maricopa County Office of the Medical Examiner.
The lawsuit also generally lists any individuals who have submitted public records requests in the case as "real parties in interest," meaning they would be affected by the outcome in the case. The Arizona Republic, which filed requests for public records about the investigation into Trigg's death, is the only party so far that has been admitted in the case.
Maricopa County Superior Court Judge Christopher Witten ordered Chandler and Maricopa County not to release records to requesters until Kiser and The Republic's lawyers reviewed and discussed their contents. Witten will ultimately decide what records, or portions thereof, are released.
Court seals Kiser's declaration
Additionally, Witten ordered to seal a declaration Kiser wrote about this case, according to a June 4 minute entry.
The document was attached to the initial complaint as a redacted exhibit. By sealing it, the document is now confidential until a court orders otherwise.
What are public records?
Across the country, documents such as police reports and 911 calls are public record, meaning they must be accessible to the public. Each state has its own laws in place around what kinds of records can be released, but individuals can ask a court to consider sealing records that would ordinarily be public.
Kiser's lawsuit said more than 100 requests were filed with the City of Chandler and the Maricopa County Medical Examiner’s Office for access to public records related to Trigg's death. USA TODAY filed a request on May 15 — three days after the initial drowning call — with the City of Chandler for access to the police report.
In Arizona, officials can redact parts of these documents to protect a victim's rights. A court can also rule to keep public records private if the release could cause "substantial and irreparable private or public harm," according to the Arizona Legislature.
Kiser's lawsuit claims that the records have been requested for "commercial purposes," rather than the purpose of monitoring the government. However, Arizona law does not consider requesting records for the purposes of news gathering to be a commercial purpose , according to the Arizona Ombudsman Citizens' Aide.
Melina Khan is a national trending reporter for USA TODAY. She can be reached at melina.khan@Single Sparkle .
This article originally appeared on USA TODAY: Will public records about death of Emilie Kiser's son be released? What we know.
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