KJ Biermann’s attorney pleaded for the 15-year-old’s release on bond Friday as prosecutors revealed disturbing new evidence.
Jason Sheffield, representing the son of Kim Zolciak, 48, and Kroy Biermann, 40, told Fulton County Superior Court Judge Melynee Leftridge that jail had been “so traumatizing to [KJ] personally,” noting the teen is “not a boisterous kid” and is “somewhat quiet.” Sheffield asked that KJ be released on $65,000 bond and insisted Zolciak would monitor him, as she is currently at home and unemployed.
Deputy District Attorney Caitlin McGillicuddy dropped a bombshell before the judge could rule. She revealed investigators had found videos on KJ’s cellphone allegedly depicting penetrative sex with a family member under the age of 12. McGillicuddy said there were “multiple encounters” on video and that they allegedly showed KJ using “predatory, derogatory” language toward the victim.
“This would now mark the second time he has been charged with an offense of a sexual nature of a very serious kind which involves female victims,” McGillicuddy said in court.
She added that KJ had been charged with sexual battery of a victim under 16 following that earlier incident but that it had not previously been made public because it was handled in Fulton County Juvenile Court. McGillicuddy also noted KJ had been under court supervision for that charge since October 2025 — 10 months before his August arrest on separate charges of felony aggravated sodomy and felony aggravated sexual battery.
The prosecutor pushed back hard against bond, asking that it be set at $190,000 if granted at all. She told the court the victim in the sexual battery and sodomy case had suffered “documented physical injury” from what she described as “predatory” conduct.
KJ, born Kroy Jagger Biermann Jr., appeared in court wearing a dark green polo shirt with his parents and 29-year-old sister Brielle Biermann seated in the gallery behind him. Zolciak, described as “stone-faced,” sat with Brielle, while Kroy arrived solo and appeared “stressed,” taking a seat in the row ahead of them.
Sheffield had filed a motion last week seeking to transfer the case to juvenile court and keep proceedings confidential, arguing that KJ “is an adolescent whose development is ongoing.” He noted the aggravated charges carry a mandatory minimum sentence of 25 years in prison without parole possibility. In his filing, Sheffield highlighted KJ’s achievements: “The accused turned 15 years old in May. He is a high school student in good standing who has demonstrated strong academic achievement and regularly participates in extracurricular and community-based activities.” The attorney added: “He is an accomplished football player who has received scholarship offers based upon his athletic ability.”
Zolciak has publicly defended her third child, previously blasting the “reckless and deeply troubling” accusations against him. Kroy, who turns 41 Saturday, was spotted looking “devastated” after visiting KJ at the Metro Regional Youth Detention Center, where the teen has been held without bond since his Aug. 17 arrest. An eyewitness told reporters: “You could see it in his eyes. He seemed to be in a very somber mood. It is what you would expect with the week they’re having and the stakes if KJ doesn’t get bonded out of jail.”
The April 23 incident at an Alpharetta, Georgia Life Time Fitness center led to KJ’s indictment last Thursday by a grand jury on seven felony charges. A 15-year-old female classmate, who described herself as KJ’s girlfriend’s “best friend,” alleged that while in a co-ed sauna, KJ forced himself on her and attempted “multiple times to have sexual intercourse with her by trying to pull down her pants” despite her rejections. She further accused him of forcing her to provide oral sex before digitally penetrating her, claiming that when she “finally managed to get away from him … he pulled up his pants and left.” The girl was examined at Wellstar North Fulton Medical Center the following day, but no evidence of male DNA was found in her mouth or vagina.
Sheffield has maintained KJ’s complete innocence throughout. “The fact that he’s been arrested and is being held without bond is a tragedy. He is not only presumed innocent, but is, in fact, innocent,” the attorney previously stated, adding: “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.” Sheffield also confirmed his client is “expecting to enter not guilty pleas to all charges.”
Leftridge said she will decide on bond by Monday. The judge also ruled that court proceedings will remain open to the public. KJ is scheduled to be arraigned Oct. 14.
Zolciak and Kroy, who are in the midst of a contentious divorce with both having moved on romantically, also share son Kash, 14, and 12-year-old twins Kane and Kaia. Kroy previously adopted Zolciak’s two eldest daughters, Brielle — who is still planning her November wedding — and Ariana Biermann, 24.