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Editor’s note: This story contains graphic descriptions that some readers may find disturbing.
As Kroy “KJ” Biermann Jr. faces multiple felony charges for alleged sex crimes, he is asking to move his case to juvenile court.
The 15-year-old son of “Real Housewives of Atlanta” star Kim Zolciak and former NFL player Kroy Biermann filed a “motion for transfer to juvenile court and for confidentiality proceedings” in Fulton County, Georgia, on Tuesday, Sept. 8, according to records viewed by USA TODAY. Page Six was first to report the filing.
If the request is granted, Biermann will no longer be tried as an adult and may face less severe consequences if convicted.
This comes days after a grand jury indicted the teenager on one count of aggravated child molestation, aggravated sexual battery, aggravated sodomy and false imprisonment, as well as three counts of aggravated sexual battery against a child under 16.
Biermann’s lawyer Jason Sheffield shared his intentions to file a motion for the teen to be “tried as a juvenile” in a Sept. 8 statement to Page Six.
Sheffield also said they intend to “enter a not guilty plea to all charges” at the upcoming Oct. 14 arraignment hearing.
“It is difficult to comprehend that a 14- or 15-year-old child can be held in detention for a month or longer simply waiting for a bond hearing,” Sheffield told the outlet. “But that detention is a direct consequence of the detective’s decision to arrest him on charges of this magnitude.”
Biermann has a hearing set for Friday, Sept. 11, to address bond and the case status.
USA TODAY has reached out to a representative for Zolciak and Biermann’s attorney for comment.
What is KJ Biermann accused of doing?
Biermann was arrested on Aug. 17 and has been held without bond. He was formally indicted Sept. 3 on seven felony charges stemming from an alleged incident that occurred in April, during which Biermann is accused of “intentionally” and “unlawfully” engaging in sexual acts with a teen girl without her consent, per the indictment obtained by USA TODAY.
In an Aug. 21 statement to USA TODAY, Sheffield said Biermann “is 100% innocent and tried to present evidence to the arresting officer,” which allegedly included a voluntary polygraph test and evidence of “prior false allegations by the alleged victim.”
“Sadly, these false allegations are a desperate cry for attention and are motivated by my client’s past rejection of the alleged victim’s unwanted advances,” Sheffield continued, calling Biermann’s arrest a “tragedy” and reiterating that he “is not only presumed innocent, but is in fact, innocent.”
The official complaint alleged Biermann and the girl, who was best friends with his then-girlfriend, saw each other at the gym and he suggested they go to the co-ed sauna together, which is accessible through the family locker room.
Once in the locker room, the girl alleged Biermann physically restricted her from leaving, leading to his false imprisonment charge. He also allegedly forced his genitals into her mouth against her will, for which he was charged with aggravated sodomy, and allegedly committed other sexual offenses before she said she was able to escape.
The girl told her grandmother the next day and went to the hospital, where she underwent a sexual assault examination and spoke with officers. She reportedly said she and Biermann had consensually kissed once before, but she did not consent to any sexual interactions the day prior, allegedly telling him no “multiple times.”
The timeline was later corroborated by surveillance footage at the gym. The sexual assault kit returned no evidence of male DNA in the girl’s mouth or genitals, the report said.
Sheffield addressed the allegations again in a Sept. 3 statement to USA TODAY, highlighting the “extraordinary consequences” of Biermann’s indictment.
“But adult consequences do not transform a child into an adult. The choices and conduct of children should not suddenly be viewed through an adult lens simply because the consequences are severe,” Sheffield said, warning that “an arrest and an indictment cannot tell us the whole truth of a case because, at those stages, the magistrate judge and the grand jury have heard only one side.”
“Without DNA evidence, the case remains one of ‘she said, he said’ and the credibility of the accuser,” he continued. “The evidence that I have gathered will prove, at the appropriate time and place, that KJ Biermann is not guilty of these horrific allegations. God willing, that place will be juvenile court, where the lives of these young people can be respected and honored.”
Sheffield concluded, “Until then, these are children whose lives should not become something for adults to “thumbs up” or “heart” on social media. We should not cheer against children.”
If you or someone you know has experienced sexual violence, RAINN’s National Sexual Assault Hotline offers free, confidential, 24/7 support to survivors and their loved ones in English and Spanish at: 800-656-HOPE (4673) and Hotline.RAINN.org and en Español RAINN.org/es.