A non-dissemination order has been instituted to temporarily halt the release of records in the case of influencer Emilie Kiser suing to keep the records of her three-year-old son’s drowning death private, according to a filing in the Superior Court of Arizona.
On May 18, Trigg Kiser, son of mom influencer Emilie Kiser, died following a drowning incident at the family’s Chandler, Arizona home. According to the Chandler Police Department, the circumstances surrounding the incident are still under investigation. In the wake of the tragedy, the reaction online was intense, with an outpouring of both grief and scrutiny. Some TikTok creators posted videos of themselves sobbing after hearing the news of Trigg’s death, while others zoomed into photos of Kiser’s house in an attempt to decipher safety regulations and cast blame. More than 100 records requests were filed with the City of Chandler and the Maricopa County Medical Examiner’s office for investigative records related to Trigg’s death, according to the lawsuit.
Nine days after his death, on May 27, Emilie Kiser filed a lawsuit to keep the records — which could include the autopsy report, photos of the scene, the police report, and autopsy photos, among other documents — private. “Emilie and her family desperately want to grieve in private but sadly, the public will not let them,” the lawsuit states. “Trigg’s death has become a media frenzy. Emilie and her family will suffer specific, material, and irreparable harm if the investigation records are released to the public.”
As part of the lawsuit filing, Kiser submitted a four-page declaration which a source close to the litigation called “an intensely personal account of her grief and trauma submitted to help the court understand her perspective.” The declaration was entirely redacted in public records of the lawsuit. In a statement to Rolling Stone, a source close to the litigation said, “all parties have agreed that release of any information is on pause until a determination is made that balances the public’s need for information versus privacy interests.”
The non-dissemination order is basically a temporary pause, according to Craig Weiner, a New York-based lawyer who is not affiliated with the case. “It means that everyone agrees not to release the autopsy reports [or any other reports] while the judge takes a good look at the situation and exercises his or her discretion,” Weiner says. “You have to balance everything out. What is more important here — the public’s right to know or the harm it may cause this private citizen?” The decision could take months, Weiner says, and could potentially be split, with some information — like police reports and autopsy reports — being released, while other information — like recordings of 911 calls and photos from the scene — remain private.
The source close to the litigation considers the ruling a victory. “[This preserves] a small measure of privacy in the midst of public scrutiny is a reasonable and compassionate choice given the circumstances,” they said.
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