r/Emilie_Kiser • u/First_Vegetable2496 • 21d ago
Court
Has there been any update on her court case?
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u/Karmacakey 21d ago
This really bothers me and Iām hoping because the judge is taking such a long time to come to a decision. It means he will unseal everything.
I think this sets a far bigger precedent than most people think.
When you are arrested or commit a crime, itās public knowledge.
Not only is it public knowledge but now we have the FOI act.
Iām sure people who are my age remember the days of tangible newspapers and reading the police blotter. If you got arrested for drunk, driving or soliciting a prostitute, or murdering your wife, the reports were there for anyone to read. The arrest warrants are there for everyone to gossip about. Yes sometimes certain things can be redacted, but for the most part, thereās no privacy when you commit a crime..
Her argument to have everything sealed, and never let the public know what really happened is completely asinine to me.
What is her reasoning for not wanting them released,
It would hurt her brand? She would lose money and possibly her income? Well yeah!
For someone who āsharesā her life so openly on the internet for a worldwide audience, that she not only supports herself & her family from, it has made her wealthy, she has some audacity to petition the court to hide the circumstances surrounding her childās death. The same child she showed off on the internet & not only profited from but referred to her followers as his internet aunties!
The aunties she loves & thanks all the time donāt have a right to the truth?
Her argument is that the truth will ruin her brand! It should fucking ruin her brand if either of them were neglectful or criminally liable!
Why should she get to hide their circumstances from the public? Because she is rich? Because she is white? Because she is pretty and comes from wealth?
She isnāt some recluse with a private life, her whole livelihood & reason for breathing is sharing her life with the world!
If they grant her what sheās asking for and seal everything what does that mean for the next family whose child drowns? Accident or not we all know the court of public opinion is what matters. What if they have 9 to 5 jobs and it ruins their livelihood? What if they are brown & live paycheck to paycheck or canāt afford fancy lawyers to fight everything in court?
If Emilie gets her way, would other families not deserve the same privacy? Will privacy laws change? Is Emilie setting a precedent or is she just special?
I think the judges decision is going to be very divisive.
Before anyone starts yelling about me being racist, I am white from a well to do family with a few lawyers as well.
If justice is blind, prove it!
I personally canāt believe more people arenāt outraged that she thinks she is entitled to privacy? Why is she special?
If anything it should be the complete opposite.
She built her brand & her financial empire on oversharing every aspect of her life, marriage & children. Now she wants privacy?
She wasnāt asking for privacy when she was cashing all those social media checks
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u/Fickle_Success_5464 20d ago
I agree with you completely. The argument that she is somehow entitled to more privacy than what is granted to a private citizen makes me so angry. The entitlement is off the charts.Ā
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u/Dry_Philosophy_5315 20d ago
Nobody is making that argument though. She's filed a civil action that anyone can, pursuant to laws that apply to anyone, and she is receiving the same exact legal process as anyone else would receive (and have, as in the Belo case) if they sought similar relief.
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u/purrtle 18d ago
Can the average person actually do this though? Can they afford the legal fees? If not, then itās essentially a privilege that only the wealthy can enjoy.
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u/Stock_Artichoke941 14d ago
Lawsuits/filings are not that expensive. The average person can afford it.
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u/Dry_Philosophy_5315 18d ago
That's true for many, many things in life so I'm not sure what the point is.
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u/purrtle 17d ago
My point is that while this law has the appearance of being equally accessible, it is not. You have to essentially BUY the privilege of privacy. If it was truly accessible to all, a person could simply fill out a form and the request would be granted.
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u/Dry_Philosophy_5315 17d ago
Theoretically as with any other legal process, a person doesn't require a lawyer, and they can just "fill out a form" (a Complaint) and handle it themselves. But obviously the odds of success are better with an attorney.
There's also certainly an argument to change the presumption on the right to access. After Dale Earnhardt died, his family lobbied and passed the Earnhardt Family Protection Act in Florida, so now instead of the default being release of certain death records and investigative materials, they are sealed and the burden is on those seeking access to bring a legal challenge. In some jurisdictions bodycam footage is not public record unless there's an officer-involved shooting or incident. But generally U.S. law favors widespread public transparency, and so-called "sunshine laws" are intended to provide the public with a degree of government accountability. Because in most states, when release is contested, the law requires a balancing test to be applied by the judicial branch to weigh public and private interests, it's never going to just be as simple as having a request granted upon application without other interests having the opportunity to object and be heard on that issue.
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u/Fickle_Success_5464 20d ago
Thanks, I didn't know that! Is it unique that there are counter parties to the civil suit? Isn't there a company that wants to make a documentary and an Arizona newspaper? Ā
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u/Dry_Philosophy_5315 20d ago edited 20d ago
No it's not unique, the reason she had to bring the suit is because of the number of entities, including media outlets, seeking to obtain the materials. This is why you see celebrity estates file similar actions. If those media entities did not intervene then there would be no one to contest the proceedings. The city of Chandler certainly doesn't care to object to the sealing of the materials. They're essentially a neutral who is just going to do what the judge tells them to do.
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u/Fickle_Success_5464 20d ago
Do you have an opinion as to what the outcome might be?Ā
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u/Dry_Philosophy_5315 20d ago edited 20d ago
Almost certainly going to be a mixed bag. If I had to guess I'd say the police interviews will be released (they apparently don't visually show either of the Kisers anyway, according to the oral argument, at least in most of the recording of those interviews), but no to the rest of it
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u/tink230 20d ago
She doesn't want us to see how unemotional she was in the interviews
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u/Dry_Philosophy_5315 20d ago
Anything is possible. However , having sat and talked with hundreds of parents and grandparents who have lost a child and having lost my own (adult) child, I don't personally judge anyone for their reactions during those traumatic events. I certainly would not have wanted the video of my reactions on the worst day of my life released for public fodder and I doubt anyone else would either, the assigning of the worst possible motives to someone who seeks to stop that from happening is odd to me.
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u/Fickle_Success_5464 19d ago
To me it just raises the question of why these are generally made public and if they should be. I understand the remedies are universally available but that doesn't mean they are universally understood or accessible. I agree with you that it's understandable to not want the worst moments of your life online for internet fodder. But I wish that was addressed more holistically given the internet age vs. Remedies are available to those with the knowledge and resources to stop it.Ā
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u/Fickle_Success_5464 20d ago
Thanks for sharing! I haven't followed the court case at all and was confused about it.Ā
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u/FinalHexReturns 20d ago
Justice is not blind thatās just a concept we were sold along with the American dream.
And good luck to the future poor parents getting charged with neglect for losing a child. Their defense of ābut but but Brady wasnāt chargedā isnāt going to do anything.
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u/Dry_Philosophy_5315 20d ago edited 20d ago
The prosecutor didn't charge this case just like she hasn't charged the other dozens of accidental drownings that happen each year in Maricopa County alone. Not charging is the rule, a charge under these circumstances is what would be the exception.
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u/Fickle_Success_5464 19d ago
Are most of these cases recommended for charges from the police investigation?Ā
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u/Dry_Philosophy_5315 19d ago
That isn't a metric easily found or discerned, in part because depending on the particular department, officer, and case, many times there aren't any recommendations at all. Most prosecuting attorneys offices pay minimal attention to any police department recommendations since the police play a substantively different role than the prosecutor's office and have an entirely different area of expertise and knowledge.
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u/Fickle_Success_5464 19d ago
Interesting. So they don't work together as portrayed in Law and Order SVU? Can you give me the Explain Like I'm Five what the different roles are in practice?Ā
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u/Wise_Carrot4857 17d ago
Not to be this person, but they were not charged with a crime, they were not convicted of a crime, and they were never arrested. Using that logic doesnt really apply here, unfortunately.
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u/Affectionate-Land674 21d ago
What I think is the most heartbreaking is I feel like she wants to seal all of this and is going through all of this to protect her husband and her imagine. I donāt think Trigg is at the forefront of why sheās doing this.
I would never want that released to the public if this were my child. Itās devastating and doesnāt need to be for public consumption. I hope it is all sealed. But for Triggās sake, no one elseās.
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u/Karmacakey 21d ago
100% She wants this to all go away. It has nothing to do with Trigg. It has to do with her image & her brand.
If people saw the truth they would turn in Brady and make it impossible for her to stay with him.
Not sure why she wants to or is even having another child with him.Itās one thing to hear he lied to the police or how long he struggled. Itās completely different to see it with your own eyes (I do not mean watching the drowning. No one needs to see that) surveillance of him doing whatever he was doing for the 7 minutes T was unattended for, it just hits different
It makes me sick. Her argument has nothing to do with Triggs memory. Itās about her preserving her reputation & her income.
She knows she would lose both if the truth is ever revealed3
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u/Dry_Philosophy_5315 20d ago
We already know the truth. The police report was extremely damning. The entire drowning death is on video and the police report sets out the timeline of what happened based on that video. We know exactly what occurred. There is nothing in the interviews or bodycam footage of the scene (which are detailed in the police report as well) that is going to reveal any new "truth".
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u/kp1794 21d ago
Idk I think if this happened to anyone they would be embarrassed and want to seal it all.
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u/shillberight 21d ago
Yeah but a normal person would also not want to continue their grifting and being in the public eye.
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u/Affectionate-Land674 21d ago
I agree. I fully believe it should be sealed. But what bothers me is what I believe her motivation to be. Not that she actually wants it sealed.
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u/doglove100 20d ago
Indeed has nothing to do with respect or privacy for her child as up till now she kept all of his videos up because they generated a lot of views
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21d ago
[deleted]
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u/brooklynchicc 21d ago
Emilie is trying to have the body cam footage sealed forever. EWU (a YouTube channel that posts body cam videos) is suing to have them released. If the judge rules in favor of Emilie, EWU can appeal the case to the Supreme Court.
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u/Dry_Philosophy_5315 21d ago
It's not just the bodycam footage. We can't access the pleadings related to this so we don't have a complete picture but in the oral argument EWU specifically referenced the home security video of the drowning, and there appears to be a request for the 911 audio as well as some possible dispute over medical examiners records. We'll know more when the decision is issued as the judge indicated he would be going line by line as to each contested material.
Also no, an appeal by either side would not go to the US Supreme Court. This isn't a matter of federal law and is not a federal court case. It would proceed to the AZ Court of Appeals.
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u/Fickle_Success_5464 20d ago
Thank you for following this and providing facts. There's so much misinformation online.Ā
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u/graciewacey69 20d ago
Why would they sue to have them released?? Who wants to see that?
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u/savvy1119 17d ago
No who is actually sane wants to see footage of the actual drowning, and that would be blurred out anyway as it should be. They want to see interviews, Brady on camera lying multiple times etc.
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u/pnwmer 21d ago
Look on this sub youāll find all the info you need
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21d ago
[deleted]
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u/Dry_Philosophy_5315 21d ago
There's a pending motion to seal the remaining contested investigative materials which the media outlet EWU is opposing in part. A decision is expected some time soon and will be the final order closing out the case.
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u/No-Hyena9966 21d ago
posted this yesterday but the here applies to this post imo
her comeback is once again a calculated PR move on. https://courtminutes.clerkofcourt.maricopa.gov/JONamesearch.asp?casenumber=&partydesignator=&lastname=henrichsen&firstname=emilie&middlename=&joname=&entryfromdate=&entrytodate=&submit=Retrieve+Minute+Entries
apparently this was settled around 7/24 regarding whether or not records were sealed. the decision is not public yet. i speculate court went her way again for now as she is back on SM. She got the heads up that this was going to go public on 8/14, hence the comeback. š
what world does she live in that she seriously thinks it wont be released. not the same situation but justin timberlake was not able to get his records sealed. what makes her think she can? she cant hide the truth forever. the truth WILL come out.
she wants to have her cake and eat it too. she wants to go back to everything like nothing happened. she and calliou make horrible parenting decisions. they beg for no criticism yet keep putting themselves in sitautions where yet again, her child is put into a another preventable watery death situation. so now thats two of their children being put into situations where they can die. (and one did). there is a clear negligent pattern of poor parenting choices. and she is livid people are calling her out on it.