Add Page Six on Google Kim Zolciak’s 15-year-old son Kroy “KJ” Biermann Jr. scheduled court hearing was canceled Tuesday after he was indicted on seven felony charges in his sexual assault case.
KJ’s attorney, Jason Sheffield, confirmed that the hearing had been canceled and exclusively told Page Six that the state’s indictment filed on Sept. 3 has now become the “controlling action” in the case and the judge who was set to oversee Tuesday’s preliminary hearing will be changed.
“Because the State indicted my client, the judge who would have presided over the preliminary hearing today has been divested of that authority,” Sheffield said. “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.”
“Unfortunately, we will have to wait for our day in court where we can finally begin to level the playing field,” Sheffield added.
Sheffield also said that following last week’s indictment the state had made clear that it intends to try KJ as an adult, which was the matter to be litigated at today’s hearing.
“We are expecting to enter not guilty pleas to all charges at the plea and arraignment hearing on October 14,” Sheffield said outside court.
“I’m going to file motion for the case to be transferred to juvenile court and for him to be tried as a juvenile.”
KJ has been held at Atlanta’s Metro Regional Youth Detention Center since his Aug. 17 arrest and was scheduled to appear in court Tuesday.
The teen was indicted by a Georgia grand jury last week on seven felony charges: aggravated child molestation, aggravated sodomy, aggravated sexual battery, three counts of sexual battery against a child under 16 and false imprisonment.
The charges stem from an alleged April 23 encounter with a female classmate at a Life Time fitness center in Alpharetta, Georgia.
The girl accused KJ of forcing sexual acts on her inside the gym’s family changing room despite her repeatedly telling him “no,” according to court documents previously obtained by Page Six.
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KJ’s lawyer, Jason Sheffield, claimed in a statement to Page Six that his client is “100% innocent” and that he “tried to present evidence to the arresting officer, including a passed polygraph by a notable and respected sex offender polygrapher,” and claimed he has “evidence of other prior false allegations by the alleged victim.”
“Additionally, the officer’s report notes [that investigators] found no male DNA on or inside the areas the alleged victim claimed she was assaulted. The fact that he’s been arrested and is being held without bond is a tragedy,” Sheffield continued.
“He is not only presumed innocent, but is, in fact, innocent. I’m asking the public not to presume the truth of these allegations and to give the families on both sides their space and privacy,” his statement concluded.
Sheffield previously asked the court to release the teenager from custody, citing his strong academic record, football achievements, scholarship offers and ties to his family and the community.
The Bravolebrity has fiercely defended her son since his arrest, previously calling the allegations “reckless and deeply troubling” and saying she remains “confident that the facts and evidence will establish the truth.”
The reality star has also reportedly visited KJ multiple times while he has been behind bars, including a visit with her eldest daughter, Brielle, according to TMZ.
Meanwhile, sexual assault case expert and former prosecutor Lindsay Richards, who is not involved in KJ’s case, but exclusively told Page Six that she believes prosecutors may attempt to have the 15-year-old tried as an adult.
Richards called the charges against KJ “unbelievably serious” and said they could result in decades behind bars if he is convicted.
Zolciak and Kroy welcomed four children together prior to their contentious divorce: “KJ” Jagger Jr., Kash Kade, 14, and twins Kaia Rose and Kane Ren, 12. Zolciak is the mother of adult daughters Brielle and Ariana from previous relationships. The retired football player adopted them in July 2013.
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