Kroy “KJ” Biermann Jr., the 15-year-old son of Kim Zolciak and Kroy Biermann, is challenging the seven sexual battery charges included in his indictment. His attorney, Jason Sheffield, filed a special demurrer in Fulton County Superior Court on November 2, according to court documents cited by Us Weekly.
The filing argues that several counts do not describe the alleged conduct in enough detail. Sheffield says the aggravated child molestation charge does not identify the physical injury alleged, while the aggravated sexual battery count does not distinguish the alleged act from conduct charged elsewhere in the indictment.
Sheffield also challenges the aggravated sodomy count, arguing that it does not specify how force was allegedly used. For two of the three counts of sexual battery against a child under 16, he says the allegations appear indistinguishable because they refer to the same complainant, date, anatomical area and statutory wording. The filing asks the state to identify a separate act for each count or address the alleged duplication. It also disputes whether another count describes a distinct incident.
The attorney further argues that the false imprisonment charge does not identify what conduct allegedly constituted the detention. He has requested a hearing on the issues raised and asked for the lead detective to testify about the circumstances surrounding the indictment.
Biermann was arrested in August in connection with an alleged incident in April involving a female classmate at a gym in Alpharetta, Georgia. He pleaded not guilty last month.
After the arrest, Zolciak said her son denied the allegations. She also stated that he had taken and passed a polygraph examination and that an examination found no DNA belonging to him. Zolciak said the case should proceed through the proper legal process and that allegations should be assessed on the facts and evidence.
Sources: Us Weekly.