Kim Zolciak and Kroy Biermann‘s son KJ Biermann is fighting back against the seven felony charges he faces in his ongoing sexual assault case.
The 15-year-old who appeared on Bravo’s Don’t Be Tardy is challenging the language used in his indictment, arguing that prosecutors have not provided enough detail to support several of the allegations against him.
According to reports from Page Six, KJ’s attorney, Jason Sheffield, filed a special demurrer in Fulton County Superior Court. It questions the specificity of the charges, not the actual acts for which he’s accused.
The filing argues that prosecutors have not adequately identified the alleged physical injury or use of force required to support certain aggravated charges.
Regarding the aggravated child molestation count, Sheffield claimed the indictment fails to identify the physical injury allegedly resulting from the conduct. He also challenged the aggravated sexual battery charge. Sheffield argued that it does not provide enough detail to distinguish the alleged incident from other accusations in the indictment.
Sheffield also questioned the aggravated sodomy charge, saying prosecutors failed to specify how KJ allegedly used force. Additionally, he argued that three sexual battery counts are essentially indistinguishable. They involve the same alleged victim, date, anatomical area, and statutory language.
The attorney further challenged the false imprisonment charge, claiming the indictment does not identify how the alleged detention occurred. Sheffield requested a hearing to address the arguments. He asked that the lead detective testify about the circumstances surrounding the indictment.
KJ pleaded not guilty to all seven charges in October and has maintained his innocence through his attorney and family. He spent more than a month at an Atlanta-area youth detention center. He was released to home confinement at Kim’s residence.
The case also took another disturbing turn during an earlier hearing when prosecutors revealed investigators allegedly discovered footage on KJ’s cellphone depicting sexual activity with a family member under the age of 12.
