Kim Zolciak and Kroy Biermann’s 15-year-old son, Kroy “KJ” Biermann Jr., is fighting the seven sexual battery charges outlined in his indictment, Us confirmed.
KJ’s attorney, Jason Sheffield, filed a special demurrer — a legal response challenging the legal sufficiency of an opposing party’s complaint or claim — in Fulton County Superior Court on Monday, November 2, according to court docs obtained by Us.
Page Six was first to report the news.
In the paperwork, Sheffield argued that KJ’s aggravated child molestation charge “fails to identify the physical injury allegedly resulting from the charged conduct.” He requested that the state “identify the alleged physical injury with sufficient particularity to permit intelligent preparation of his defense.”
Challenging the aggravated sexual battery charge, Sheffield claimed that it “alleges penetration by the accused’s fingers but fails to identify the occurrence with sufficient particularity to distinguish it from the conduct charged elsewhere in the indictment.”
“The accused specially demurs and requests identification of the discrete act constituting Count 2 and sufficient distinguishing particulars to determine whether that act is separate from the conduct charged in Counts 1 and 4 through 6,” the paperwork read.
Sheffield also challenged the aggravated sodomy charge, arguing that it “fails to identify the conduct by which force was allegedly accomplished.” KJ requested “clarification of the allegation that his sex organ was placed ‘into and upon’ the complainant’s mouth, to the extent those terms describe alternative factual acts rather than a single charged occurrence.”
KJ was also charged with three counts of sexual battery against a child under 16. Sheffield argued that two of these counts are ”facially indistinguishable” because “both allege the same offense, involving the same complainant, the same anatomical area, the same date and identical statutory language.” He requested that the state “identify the separate and distinct criminal act underlying each count or otherwise remedy the facial duplication.”
Sheffield continued, “Count 5 alleges contact with the complainant’s buttocks on the same date and at the same general location as the remaining offenses. Although it identifies a different anatomical area from Counts 4 and 6, it does not otherwise identify whether the alleged contact constitutes a discrete criminal occurrence or part of the conduct charged elsewhere.”
Finally, Sheffield challenged the false imprisonment charge, arguing that it “alleges that the accused unlawfully detained the complainant without legal authority but identifies no conduct by which the alleged detention occurred.”
Sheffield requested a hearing to discuss the arguments outlined in the filing and asked that the lead detective in the case testify to answer questions about “the facts and circumstances surrounding the indictment.”
KJ was arrested in August in connection with an alleged incident in April involving a female classmate, who accused him of sexually assaulting her at a gym in Alpharetta, Georgia. He pleaded not guilty last month.
“The allegations being made against my son are nothing short of reckless and deeply troubling. He categorically denies ever being involved with this woman or engaging in the conduct she has alleged,” Zolciak, 48, said in a statement to Us following KJ’s arrest. “My son voluntarily took a polygraph examination regarding these allegations and passed. Additionally, an examination was conducted, and no DNA belonging to my son was found.”
She added, “False accusations can have devastating consequences not only for the person being accused, but also for genuine survivors of sexual assault and abuse. Every legitimate allegation deserves to be taken seriously and investigated based on the facts and evidence. At the same time, no one should be publicly condemned based solely on an accusation.”
The Real Housewives of Atlanta alum concluded, “We remain confident that the facts and evidence will establish the truth, and we ask that people allow the proper process to take its course rather than spreading unproven allegations.”
