Kroy “K.J.” Biermann Jr.’s criminal case has entered a new phase, with the 15-year-old pleading not guilty while his attorneys continue fighting to move the prosecution out of adult court.
According to Entertainment Weekly, attorney Jason Sheffield filed K.J.’s not guilty plea Monday, October 5, in Fulton County Superior Court. The filing covers all seven felony counts pending against the teenager. The K.J. Biermann case had been scheduled for a formal arraignment on October 14, but Sheffield also waived his client’s right to appear for that proceeding.
The filing means the more consequential issue may now be where the case will ultimately be heard. Sheffield has asked the court to transfer the case to juvenile court. No ruling on that request had been reported as of Tuesday. Sheffield has also requested a hearing on the transfer question.
The defense is seeking additional time after receiving discovery before it is required to file motions. Entertainment Weekly reports that Sheffield requested 10 days between receiving discovery materials and the deadline for those filings. The judge has also reportedly sealed three “envelopes” connected to the proceedings.
K.J. was indicted in September on seven felony counts stemming from an alleged April 23 incident at a Life Time Fitness location in Alpharetta, Georgia. According to CBS News Atlanta, the indictment includes one count each of aggravated child molestation, aggravated sexual battery, aggravated sodomy, and false imprisonment, along with three counts of sexual battery against a child under 16.
A police report previously said the teenage accuser alleged that K.J. attempted to force himself on her and that she said “no” multiple times. K.J. was arrested in August before the grand jury returned the expanded seven-count indictment the following month.
Sheffield has maintained that his client intends to contest the allegations. Following the indictment, he told Entertainment Weekly, “I respect the difficult responsibilities carried by prosecutors and victim advocates.” He continued, “Cases involving children require patience, care, and a commitment from all of us to understanding the full picture as the process continues.”
The K.J. Biermann case has also involved a closely watched bond fight. CBS News Atlanta reported that Fulton County Superior Court Judge Melynee Leftridge set a $200,000 bond in September. Conditions included electronic monitoring, virtual schooling, and restrictions on K.J.’s contact with the alleged victim and other minors.
During that bond hearing, prosecutors raised separate allegations involving an underage relative. Entertainment Weekly reported that a Fulton County deputy district attorney alleged investigators previously discovered evidence of “multiple encounters” involving K.J. and a family member under age 12. The prosecutor also alleged K.J. used “predatory, derogatory” language. Those allegations were raised in court and should not be confused with convictions or findings of guilt.
Sheffield strongly disputed the prosecution’s description of that prior juvenile matter. He told Entertainment Weekly that “the characterizations made in court regarding the prior juvenile matter involving KJ Biermann grossly misrepresent both the facts and the ultimate resolution of that case.”
He added: “The matter arose from inappropriate, crude behavior involving two middle-schoolers. It did not result in an adjudication for statutory rape, sexual intercourse, or any comparable offense. Any suggestion otherwise is inaccurate and creates a materially misleading impression of how the juvenile matter was ultimately resolved.”
The legal proceedings have continued beyond the bond hearing. In September, Fulton County prosecutors filed an emergency motion seeking permission to conduct forensic interviews with minor children in connection with the investigation.
K.J.’s not guilty plea formally establishes his position on the seven charges, while the defense’s transfer request could determine the setting in which the allegations are litigated.
