KJ Biermann disputes all seven counts outlined in his indictment, arguing that the charges do not show he used “force” to cause “physical injury” to his alleged victim.
On Monday, the 15-year-old’s attorney, Jason Sheffield, filed a special objection to the indictment in Fulton County Superior Court, objecting to the specificity of the charges.
Sheffield argued that the aggravated child molestation charge “fails to identify the physical injury allegedly resulting from the charged conduct,” noting that the “element of physical injury” must be present in order to prove the “aggravated” factor.
According to Sheffield, the aggravated sexual assault count “alleges penetration by the defendant’s fingers but fails to identify the event with sufficient precision to distinguish it from the conduct charged elsewhere in the indictment.”
He also disputed the aggravated sodomy charge, saying the accusation that his teenage client committed the alleged conduct “with force” was not identified in the indictment.
“Defendant further requests clarification of the allegation that his sexual organ was placed ‘in and on’ Plaintiff’s mouth, as those terms describe alternative factual acts rather than a single accused event,” Sheffield wrote in the filing.
Biermann was also charged with three counts of sexual battery against a child under 16, but Sheffield argued that the charges are “facially indistinguishable” because “both allege the same offense, involving the same complainant, the same anatomical area, the same date and identical statutory language.”
Regarding the false detention charge, Sheffield argued that the indictment “does not identify any conduct by which the alleged detention occurred.”
He then requested a hearing to discuss the arguments laid out in his sentencing filing and requested that the lead detective assigned to the case testify to answer questions about “the facts and circumstances surrounding the indictment.”
Biermann was arrested in August following an April incident in which a classmate — who described herself as his girlfriend’s “best friend” — accused him of sexually assaulting her at a gym in Alpharetta, Georgia.
While in a co-ed sauna, the girl alleged that Biermann – the eldest son of Kim Zolciak and Kroy Biermann – forced himself on her and attempted “repeatedly to have sex with her by trying to pull down her pants,” despite her refusals.
She also accused KJ of forcing her to perform oral sex before digitally penetrating her vagina, claiming that when she “finally managed to get away from him… he pulled up his pants and left.”
The girl was examined at a local hospital the next day, but no traces of male DNA were found in her mouth or vagina.
KJ — who has pleaded not guilty to all seven counts and has continued to maintain his innocence through his lawyer and family — spent more than a month locked up in a youth detention center in Atlanta and is now confined to his mother’s home.
At his first hearing in the case, prosecutors made a shocking revelation that investigators had discovered images on KJ’s cellphone that showed him having sex with a family member younger than 12 years old.
“The case stemmed from inappropriate and crude behavior involving two middle school students. It did not result in an adjudication for rape, sexual intercourse, or any comparable offense,” Sheffield previously told Page Six regarding this particular allegation.
Zolciak, 48, and Kroy — who each enjoyed a romantic relationship amid their contentious divorce — are also parents to son Kash Biermann, 14, and 12-year-old twins Kane and Kaia Biermann.
The retired NFL star, 41, previously adopted the “Real Housewives of Atlanta” alumna’s two older daughters: Brielle Biermann, 29, and Ariana Biermann, 24.
If you or someone you know is affected by any of the issues raised in this story, call the Sexual Assault Hotline at 1-800-330-0226.
Gn entert
