A scheduled court hearing for Kroy “KJ” Biermann Jr, the 15-year-old son of reality television star Kim Zolciak, was cancelled on Tuesday after prosecutors obtained a seven-count felony indictment in the sexual assault case against him.
Biermann has been held at Atlanta’s Metro Regional Youth Detention Centre since his arrest on 17 August. His lawyer, Jason Sheffield, said the indictment had become the “controlling action” in the case, meaning the judge due to oversee Tuesday’s preliminary hearing would no longer have authority over the proceedings. ([metrotransitreview.com](https://metrotransitreview.com/?p=8412&utm_source=openai))
The indictment, returned on 3 September, charges Biermann with aggravated child molestation, aggravated sodomy, aggravated sexual battery, three counts of sexual battery against a child under 16 and false imprisonment. The allegations relate to an encounter with a female classmate at a Life Time Fitness centre in Alpharetta, Georgia, on 23 April.
Sheffield said the state had made clear it intended to try Biermann as an adult, although the defence plans to ask for the case to be transferred to juvenile court. He said his client was expected to plead not guilty at an arraignment listed for 14 October.
“We will have several court dates coming up, including a motion to transfer the case to juvenile court, a bond hearing, and an arraignment on the current indictment,” Sheffield told Page Six.
A bond hearing has been scheduled for Friday, 11 September, according to Fulton County court records. Sheffield has argued that the teenager is not a flight risk, pointing to his academic record, sporting achievements, scholarship offers and continued presence in Georgia despite being aware of the investigation.
“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.
The charges were initially brought after an Alpharetta police investigation into a report made at North Fulton Hospital on 24 April. Police documents say the alleged incident took place the previous day in a family changing area at a nearby gym. ([fox5atlanta.com](https://www.fox5atlanta.com/news/son-former-nfl-player-reality-tv-star-faces-sexual-battery-sodomy-charges?utm_source=openai))
The alleged victim told police that Biermann had taken her towards a co-ed sauna before unwanted sexual contact allegedly occurred in the changing area. The claims have not been tested at trial.
Biermann denies the allegations. His lawyer has described him as “100% innocent”, while Zolciak said her son “categorically denies” the conduct alleged against him.
In a statement issued after his arrest, Zolciak said Biermann had voluntarily taken a polygraph examination and claimed that no DNA belonging to him had been found during an examination of the alleged victim. Such claims will be matters for the court to assess as the case proceeds.
The teenager’s detention and the decision to pursue adult proceedings come as the defence seeks to have the case heard in juvenile court. Georgia law allows certain serious allegations involving teenagers to begin in adult court, although prosecutors or the court may later consider a transfer to the juvenile system. ([fox5atlanta.com](https://www.fox5atlanta.com/news/son-former-nfl-player-reality-tv-star-faces-sexual-battery-sodomy-charges?utm_source=openai))
Sheffield said the defence would use the forthcoming hearings to challenge both Biermann’s continued detention and the decision to prosecute him as an adult. For now, he remains in custody pending the bond hearing and further court dates.
