Content Warning: This article discusses allegations of child sexual abuse.
KJ Biermann is challenging all seven felony charges in a case involving an alleged child victim. Kim Zolciak’s son argues that the indictment does not clearly explain key details of the accusations against him. His lawyer has asked the court to address several issues with how prosecutors described the alleged offenses.
Kim Zolciak’s son KJ Biermann challenges sexual battery and child molestation charges in new court filing
Biermann’s attorney, Jason Sheffield, filed a special demurrer in Fulton County Superior Court on Monday, November 2, according to Page Six.
The filing challenges the wording of all seven felony counts. Sheffield argues that the aggravated child molestation charge does not specify what physical injury the alleged conduct caused. He maintains that prosecutors must identify the injury to support the aggravated charge.
Sheffield also challenged the aggravated sexual battery count, which alleges that Biermann penetrated the complainant with his fingers. The attorney argues that the indictment lacks sufficient detail to distinguish this allegation from the conduct described in other counts.
He also disputes the aggravated sodomy charge, arguing that prosecutors have not specified what force Biermann allegedly used. Sheffield asked the court to clarify whether “into and upon” the complainant’s mouth describes two separate acts or a single incident.
The filing further challenges three counts of sexual battery involving a child under 16.
Sheffield describes these counts as “facially indistinguishable” because they reference the same complainant, anatomical area and date. He argues that the indictment uses identical language without explaining how the alleged offenses differ.
The attorney raised a separate objection to the false imprisonment charge, claiming that prosecutors have not identified the specific actions Biermann allegedly took to detain the complainant.
Sheffield has requested a hearing to address the issues raised in his filing. He also wants the lead detective to testify as the court considers his challenges to the indictment.
Biermann, 15, previously pleaded not guilty to all seven felony charges. The latest filing challenges the indictment’s wording and does not establish whether the allegations are true. The court has yet to rule on his objections.
