Kroy "KJ" Biermann Jr. was indicted on Sept. 3 on seven charges in a sexual assault case. His assault lawyer, Jason Sheffield, said he has gathered evidence he believes will prove the allegations do not hold up.
The indictment came less than three weeks after the Aug. 17 arrest and turns an arrest into formal charges. A Fulton County, Ga., grand jury validated counts that include aggravated child molestation, aggravated sexual battery, aggravated sodomy, sexual battery against a child under 16 and false imprisonment.
Fulton County, Ga. charges
The charges allege that Biermann Jr. unlawfully committed an immoral and indecent act with a child under the age of 16 on April 23. The false imprisonment count accuses him of unlawfully detaining the victim without legal authority and against the minor’s personal liberty.
Sheffield said there are two children at the center of the case. He also said Biermann Jr. was 14 when the events allegedly occurred and 15 at the time of the arrest, a detail that keeps the juvenile court question at the center of the defense strategy.
Jason Sheffield statement
"Without DNA evidence, the case remains one of 'she said, he said' and the credibility of the accuser. The evidence that I have gathered will prove, at the appropriate time and place, that KJ Biermann is not guilty of these horrific allegations," Sheffield said in a statement to E! News.
He added, "God willing, that place will be juvenile court, where the lives of these young people can be respected and honored." He also said, "I respect the difficult responsibilities carried by prosecutors and victim advocates," and called for patience as the process continues.
Kim Zolciak Aug. 21 statement
Kim Zolciak said on Aug. 21 that the allegations against her son were "nothing short of reckless and deeply troubling." She also said he had passed a voluntary polygraph test and that DNA evidence was not found during an investigation of the alleged event.
The case now moves forward on the seven-count indictment while the defense pushes for juvenile court. The next fight is over forum and proof: whether the case stays in adult court or shifts to juvenile court, and what evidence Sheffield presents to answer the charges returned by the grand jury.
