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Kim Zolciak and Kroy Biermann’s 15-year-old son, Kroy “KJ” Biermann Jr., is seeking to avoid being tried as an adult following his sexual assault and sodomy arrest.
KJ’s attorney filed a motion on Tuesday, September 8, to transfer the case to juvenile court and “for confidentiality proceedings,” according to court records viewed by Us.
If the petition is granted, KJ wouldn’t be prosecuted as an adult. He was indicted on September 3 for aggravated child molestation, aggravated sexual battery, aggravated sodomy, false imprisonment and three counts of sexual battery against a child under the age of 16. (KJ was arrested in August for aggravated sexual assault and aggravated sodomy but vehemently denied the accusations. He has not been arrested for the remaining charges in the indictment.)
Following his arrest, KJ was remanded to Atlanta’s Regional Youth Detention Center ahead of a bond hearing on Friday, September 11. He will be arraigned next month.
KJ’s lawyer, Jason Sheffield, told Page Six on Tuesday that his client plans to “enter a not guilty plea to all charges” during his arraignment.
“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 noted in a statement. “But that detention is a direct consequence of the detective’s decision to arrest him on charges of this magnitude.”
Us has reached out for comment.
KJ has not presently entered a plea in connection to the case. (Zolciak, 48, and estranged husband Kroy, 40, also share son Kash, 14, and twins Kaia and Kane, both 12. The former NFL star also adopted Zolciak’s two daughters from a previous relationship, Brielle, 29, and Ariana, 24, upon their wedding.)
“First and foremost, this is not the kind of information that should be for public dissemination. These are juveniles,” Sheffield told Us in a statement last month. “Secondly, my client is 100 percent innocent and tried to present evidence to the arresting officer, including a passed polygraph by a notable and respected sex offender polygrapher.”
Sheffield added at the time, “Additionally, the officer’s report notes the [Georgia Bureau of Investigation] found no male DNA on or inside the areas the alleged victim claimed she was assaulted. Had the officer sat down with me, I feel certain she would’ve never made an arrest.”
Zolciak, for her part, has similarly denounced the accusations.
“The allegations being made against my son are nothing short of reckless and deeply troubling,” Zolciak told Us in a statement of her own in August. “He categorically denies ever being involved with this woman or engaging in the conduct she has alleged. 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.”
The Bravo alum continued, “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.”
If you or someone you know has been sexually assaulted, contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673).
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