Emilie Kiser Wins Legal Order to Redact 2 Pages of Police Report with 'Graphic' Details of 3-Year-Old Son Trigg's 'Final Moments'
The Arizona Superior Court for Maricopa County ruled in Emilie Kiser's favor on an order to redact two pages from the Chandler Police Department (CDP) report on the death of her 3-year-old son, Trigg
Emilie filed to censor the report on July 29; at the time, AZ Central cited court documents in which Matthew Kelley, a lawyer representing the defendant, claimed that the two redacted pages reveal why the CPD recommended a Emilie's husband Brady be charged with felony child abuse
Despite the recommendation, the Maricopa County Attorney's Office previously determined that there was "no likelihood of conviction" against Brady, who was home at the time of Trigg's fatal drowning incidentEmilie Kiser has won yet another legal battle in her effort to seal certain details about the death of her 3-year-old son, Trigg.
On Friday, Aug. 8, the Arizona Superior Court for Maricopa County ruled in Emilie's favor after she filed to remove two pages from the Chandler Police Department (CDP) report on Trigg's drowning incident in their backyard pool on May 12. He died six days later after hospitalization, police confirmed to PEOPLE at the time.
In a statement to PEOPLE, Emilie's attorney Shannon Clark states that the two censored pages describe the fatal tragedy.
'We're grateful to Judge Whitten for carefully balancing the important interests at stake and allowing a narrow but meaningful redaction to the Chandler police report, removing two pages that detail the graphic final moments of Trigg's life," reads Clark's statement. "These redactions do not alter any material facts of the accident, but they protect the dignity of a little boy whose memory should reflect the love and light he brought to the world."
She continues, "From the start, this has been about protecting Trigg and the family's ability to grieve privately. This decision allows them, and the public, to remember him for the beautiful life he lived, not the tragic way it ended.'
AZ Central reported Emilie's initial motion to censor the CPD's report on July 29. The outlet cited court documents in which Matthew Kelley, a lawyer representing The Arizona Republic, claimed that the two pages reveal why the CPD recommended Emilie's husband Brady be charged with a class 4 felony of child abuse. The Maricopa County Attorney's Office (MCAO) ultimately determined that there was 'no likelihood of conviction' against Brady.
According to Kelley, Emile's legal team filed to remove the pages due to concerns that, should the police report become public, the details of the case could be used to create 'disturbing' content, such as reenactments with artificial intelligence.
"The section of the report Ms. Kiser seeks to redact contains information and context that is critical to provide the public a reasonably full understanding of the investigation of the drowning, the police department's decision to recommend criminal charges and the county attorney's decision not to pursue criminal charges," Kelley said, as reported by AZ Central.
The MCAO announced its decision not to charge Brady in a statement on Friday, July 25, noting that the review of the case involved "highly experienced senior attorneys and the County Attorney herself."
'We are grateful to law enforcement and the county attorney for conducting a thorough investigation and confirming that this was a tragic accident," Kiser's attorney Flynn Carey said in a statement shared with PEOPLE. "Brady remains in the midst of the grieving process and is thankful to be with his family as they heal together. We appreciate the compassion and support shown during this difficult time.'
Due to Emilie's social media persona, she initially filed a lawsuit on Tuesday, May 27, in Arizona Superior Court for Maricopa County to keep records about Trigg's death out of public view, according to court documents. Her filing stated that the City of Chandler and the Maricopa County Medical Examiner's Office had received more than 100 requests for access to public records related to the incident.
On June 3, the Arizona Superior Court for Maricopa County ruled in Emilie's favor on another motion she filed to keep her personal declaration private, granting Kiser temporary confidentiality on both her declaration and her larger request for privacy while the court reviewed evidence to make a final ruling.
A source told PEOPLE at the time that Emile's personal declaration 'reflects an intensely personal account of her grief and trauma, submitted to help the court understand her perspective — not for public consumption.'
'The core legal issues remain fully transparent through public filings by counsel and the court. Emilie's sealed declaration does not hinder the public's understanding of the case or its legal significance," the source continued. "Preserving a small measure of privacy in the midst of public scrutiny is a reasonable and compassionate choice given the circumstances."
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