Kroy "KJ" Biermann Jr. was indicted Sept. 3 on seven charges, and his assault attorney, Jason Sheffield, says the fight now centers on evidence and where the case belongs. The indictment came after an Aug. 17 arrest in the ongoing case.
The charges include aggravated child molestation, aggravated sexual battery, aggravated sodomy, sexual battery against a child under 16 and false imprisonment. A Fulton County, Ga. grand jury validated the charges, which allege an immoral and indecent act on April 23 involving a child under 16.
Jason Sheffield on DNA
Sheffield said there are two children at the center of the case. He said Biermann Jr. was 14 when the events allegedly occurred, then arrested at 15 and indicted less than three weeks later.
He also said the magistrate judge and the grand jury have heard only one side. Without DNA evidence, he said, the case remains one of "she said, he said" and the credibility of the accuser. Sheffield said the evidence he has gathered will prove that KJ Biermann is not guilty of the allegations.
Fulton County, Ga. charges
The false imprisonment charge says KJ unlawfully detained the victim without legal authority and against the minor's personal liberty. That charge sits alongside the felony-level allegations already returned by the grand jury, keeping the case in a posture where the accusations now rest in formal charging documents rather than arrest papers alone.
Kim Zolciak said on Aug. 21 that the allegations were "nothing short of reckless and deeply troubling." She also said KJ had passed a voluntary polygraph test and that DNA evidence was not found during an investigation of the alleged event.
juvenile court
Sheffield said he hopes the case will go to juvenile court. Until that is resolved, the practical question for the defense is whether the matter proceeds in that venue or moves through another court path; the indictment means the charges are now formally in place while that decision is still ahead.
