K.J. Biermann is contesting all seven felony charges brought against him, asserting that the indictment fails to demonstrate he used "force" to inflict "physical injury" on the alleged victim. Biermann's legal team filed a special demurrer in Fulton County Superior Court on Monday, objecting to the specificity of the accusations.
Attorney Jason Sheffield contended that the aggravated child molestation charge is insufficient because it "fails to identify the physical injury allegedly resulting from the charged conduct," which he argues is necessary to prove the "aggravated" element. Similarly, Sheffield stated that the aggravated sexual battery charge, which alleges finger penetration, does not provide enough detail to distinguish it from other conduct cited in the indictment.
The defense also challenged the aggravated sodomy charge, claiming that the indictment's assertion of the act being committed "with force" lacks clarity. Sheffield further requested clarification on the wording of the charge concerning the placement of Biermann's sex organ into the complainant's mouth, questioning if the terms describe separate acts or a single occurrence.
Regarding the three counts of sexual battery against a child under 16, Sheffield argued they are "facially indistinguishable" as they all cite the same offense, complainant, date, and use identical statutory language. The charge of false imprisonment was also challenged, with the defense stating the indictment provides no details of the alleged detention.