Influencer Emilie ChisesThe judge was granted by the supplication of writing details on the tragic death of Son Trigg.
“This case requires a difficult balance between two strong but competitive interests: the strong right that the public has when examining government records under the Law of Public Registers of Arizona and the deep privacy rights of a bad mother,” the judge read in a letter obtained by a letter obtained by a letter obtained Use weekly On Friday, August 8.
Kiser, 26, “did not oppose” in the publication of the report. Instead, he requested that “two and a quarter of pages and a phrase” be written as it contained “detailed graphic descriptions of the video capturing the final moments” of his son’s life.
“However, this right of access is not absolute,” the letter continued. “The courts acknowledge that the concerns about privacy can overcome the public’s right to know when the outreach would cause specific and material damage … The equilibrium test is specific: the Ombudsman’s Ombudsman must show a significant sufficiently damage to annulment of access presumption.”
The judge added that “the courts of Arizona have constantly recognized the right of a family to prevent public release from graphic or intimate records that involve the death of a loved one.”
According to the letter, the information that Kiser intended to write offers a “written representation of a video that captured the death of a young child”.
“Living and granular nature approaches the type of graphic material and emotionally disturbing that … it may be protected from public liberation,” said the judge.
Although it was argued that “public cannot fully evaluate police investigation” without seeing “all portions of the report”, The court finally agreed With Kiser.
“The public can fully understand the extent of the research and justification of the county’s prosecutor’s decision through the 53 unpayed pages, which describe the events, the time line, the witness accounts and the conclusions of the application of the law,” the letter read.
The judge also said that “transcript in the contested sections is not necessary for public accounts.”
“Its dissemination would be of no other purpose than to satisfy morbid curiosity and, as it persuasively argues (Emilie), would risk exploitation by bad actors,” the documents declared.
Kiser reacted to the legal victory on Friday by a statement from his lawyer shared with Us“ We appreciate to judge Whitten for carefully balance the important interests at stake and allow a narrow but significant writing to the Chandler Police report, removing two pages that detail the final graphic moments of Trigg’s life. These writing do not alter material facts of the accident, but protect the dignity of a young child than the memory of whom he has to reflect the love and light that led to the world. ”
The statement continued: “From the outset, it is to protect Trigg and the capacity of the family of mourning in private. This decision allows them to remember the audience for the beautiful life that he lived, not the tragic way he finished.”
Us Previously confirmed that Emilie and her husband Brady KiserThe 3 -year -old son died on May 18 after being unconscious in the family courtyard pool six days earlier. Brady told the authorities at that time that he was alone at home Looking Trigg and his 2 -month -old son of Emilie, Teddy, when the incident took place, by USA. After losing sight of his son, Brady found Trigg in the pool. Jumped to save his son and called 911.
Following an investigation by Chandler Police Department in July, police recommended Brady to face -a crime charge of children’s abuse. Maricopa County Prosecutor’s Office later confirmed that month that two father would not be confronting —sstating that there is “no reasonable probability of conviction.” The investigation is closed.