Attorney Josh Kolsrud Discusses the Brady Kaiser Case

Understanding the Legal Complexities in Accidental Drowning Cases

Defense Attorney Josh Kolsrud is often called upon to offer insight into high-profile cases, especially when they touch upon difficult, emotionally charged issues such as accidental child deaths. Recently, Josh spoke on Court TV about the tragic case involving the accidental drowning death of young Trigg Kaiser and the potential prosecution of his father, Brady Kaiser.

While the incident itself is heartbreaking, Attorney Kolsrud’s analysis helps shed light on the legal complexities that surround such cases, and the importance of measured, responsible decision-making from prosecutors and law enforcement.

A Rare and Tragic Case Garnering Public Attention

Attorney Kolsrud explained that while accidental drownings, tragically, are not uncommon in Arizona—the state saw 20 fatal infant drownings last year alone—criminal charges in such cases are relatively rare. What makes the Kaiser case unique is the intersection of public curiosity (due to Emily Kaiser’s social media prominence) and the scrutiny that comes with it.

“The police are really taking a close look at what happened,” Kolsrud said, noting that the potential for a prosecution in this context is unusual, drawing extra attention both from the public and authorities.

Key Legal Questions: Negligence and Evidence

Kolsrud walked viewers through the key considerations for prosecutors:

1. Nature of the Distraction: Prosecutors must determine if Brady Kaiser’s attention lapse—during which his son gained access to the pool—was “reasonable under the circumstances.” Was this an understandable, momentary distraction, or does it rise to the level of criminal negligence?
2. History and Surveillance: With the Kaisers’ home outfitted with extensive security and social media-related cameras, investigators will have unusual access to evidence. “Police detectives are going to have a lot of access to be able to answer that question for prosecutors,” noted Kolsrud. They will also be examining whether there is a history of similar incidents or patterns of neglect.
3. Consistency of Statements: Another core aspect will be the consistency between Brady Kaiser’s statements to the police and the evidence captured on the family’s surveillance system. “If they’re not consistent, that’s going to give prosecutors pause about saying: Was this a tragic accident, or was this more criminal negligence?” explained Kolsrud.

Beyond Surveillance: Phone Records and Communications

Kolsrud also highlighted that investigators will likely review the parents’ cell phone data, including text messages and call logs, especially those created after the incident. Immediate statements made “in the heat of the moment” often contain a level of sincerity and can become significant in reconstructing the timeline and intentions.

“I have no doubt that the Chandler Police Department is scouring through both Brady’s phones and Emily’s phones to see the communication between the two after this tragic incident occurred,” said Kolsrud, emphasizing that such evidence frequently plays a pivotal role.

Due Process: The Perils of Trying Cases in the Media

One of Josh Kolsrud’s most pointed concerns was about the Chandler Police Department’s public handling of this case. He cautioned against sharing details with the media before the Maricopa County Attorney’s Office has made any formal charging decisions.

“What I don’t like about this case right now is that the Chandler Police Department is trying the case in the media before the Maricopa County Attorney’s Office has even made a charging decision,” he remarked. Kolsrud stressed the potential harm to the reputations of those involved if no charges are ultimately filed. “They’ve already kind of dragged these two people’s names through the mud unnecessarily.”

Conclusion: Compassion Paired with Legal Rigor

Attorney Kolsrud’s commentary underscores the crucial balance between compassion for grieving families and the rigorous, evidence-based analysis required in potential criminal cases. At Kolsrud Law Offices, we believe that every accused individual deserves a fair investigation and that the pursuit of justice must never outpace due process—or human decency.

If you or a loved one faces investigation or charges relating to a tragic accident, Kolsrud Law Offices brings deep expertise and understanding to help you navigate the most difficult times. Contact us for experienced, compassionate guidance.