Kim Zolciak’s son’s latest legal move is drawing focus to his status as a minor.
KJ Biermann’s legal team has filed a motion to ensure the 15-year-old is not tried as an adult in a bid to avoid adult prison if he is later found guilty. This follows his indictment by a grand jury on 7 felony counts.
Kim Zolciak’s son, whom she shares with her estranged husband, Kroy Biermann, has been the center of the drama after scathing accusations were made against him by a female classmate who claims he s-xually assaulted her.
Kroy “KJ” Biermann Jr. was arrested for s-xual assault and sodomy and is now seeking to avoid being charged as an adult despite the magnitude of his alleged crimes.
According to court records obtained, his attorney, Jason Sheffield, reportedly filed a motion on Tuesday, September 8, requesting that the case be transferred to juvenile court “for confidentiality proceedings.”
If KJ’s petition is granted, it would be a narrow escape for him, as he would not be prosecuted as an adult on the 7-count indictment filed against him.
He was indicted on September 3 for aggravated sodomy, false imprisonment, aggravated child molestation, aggravated s-xual battery, and three counts of s-xual battery against a child under the age of 16.
The TV personality’s son has vehemently denied the accusations. However, it should be noted that he was only arrested for aggravated s-xual assault and aggravated sodomy, not for the remaining charges in the indictment.
The Teenager Has Been In Custody Since His Arrest
US Weekly notes that KJ’s wrists were put in federal bracelets on August 17, and he was then remanded to Atlanta’s Regional Youth Detention Center ahead of a bond hearing scheduled for Friday, September 11. He is also set to be arraigned next month, when his lawyer intends to “enter a not guilty plea to all charges.”
“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 said in a previous statement. “But that detention is a direct consequence of the detective’s decision to arrest him on charges of this magnitude.”
The lawyer also pointed out that the law governing bonds left little room for KJ’s age or juvenile status to change what happened after the charges were determined meaningfully. Sheffield insists his client is “100% innocent,” highlighting that he passed a polygraph and that there was no evidence of male DNA found on the alleged victim.
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Experts Have Given Their Two Cents On The Ongoing Case
3It was no secret that Zolciak, her ex-husband, and their legal team were pulling out all the stops to have KJ released from custody since his arrest last month.
While the need for family and emotional support through legal troubles cannot be overlooked, experts explained that a possible release from custody may have its own downsides.
A s-xual assault case expert and former prosecutor, Lindsay Richards, explained that the teenager will have tons of legal guidelines to fulfill upon his release from custody following an indictment.
Richards said some terms and conditions of his release may limit his freedom, including “close monitoring” such as GPS monitoring, house arrest, and even the possibility of homeschooling.
The legal expert added that he may also have to enroll in various educational courses and therapy sessions before his trial. As shared by The Blast, Richards noted that she was surprised that, given KJ’s age, he hadn’t already been released to his parents’ custody with “electronic monitoring of some kind.”
What Allegations Led To The Bravo Star’s Son’s Arrest?
The spotlight shifted from Biermann and Zolciak’s contentious divorce battle and love quad drama to the youngster after a girl claimed he assaulted her inside a gym changing area. The alleged victim, reported as one of KJ’s classmates whose actual identity remains undisclosed, claimed that the incident occurred on April 23.
According to the police, the girl shared that KJ suggested they go to the co-ed sauna on that fateful day and then proceeded to s-xually abuse her on their way there s-xually. To get to the sauna, the pair had to walk through a family changing room where the media personality’s son reportedly got touchy.
The Blast shared that the police reports show that the alleged victim claimed he touched her without her consent, paid no heed to her pleas when she told him no, and even forced her mouth on his p-nis.
According to the report, KJ allegedly also digitally penetrated his classmates’ v-gina, and officers claim to have revealed the allegations to Biermann since May 18.
3KJ’s team recently raised concerns about the heavy media coverage of the case, requesting that the details of the proceedings be kept behind the curtain due to his age and that of the alleged victim.
They asked the court to consider and approve the request, citing KJ’s strong academic achievements and athletic performance, for which he has received scholarships. The Bravo star’s son also reportedly has a strong high school record and good relationships with his teachers, coaches, friends, and family.
As reported by The Blast, KJ’s lawyers told the court that he currently poses no flight risk, stressing that he has not tried to evade the law since learning about the allegations in April. They also emphasized his willingness to cooperate with the law by submitting to a lie detector test to prove his innocence.
