Kim Zolciak's 3 children file appeals in brother KJ Biermann's sex crimes case - USA Today

Editor's note: This story contains graphic descriptions that some readers may find disturbing.

Three of Kim Zolciak and Kroy Biermann's children are taking legal action in their son Kroy "KJ" Biermann Jr.'s ongoing sex crimes case.

The siblings filed a notice of appeal in the criminal proceedings against their 15-year-old brother Thursday, Nov. 12, according to documents obtained by USA TODAY.

This came the same day the Georgia Court of Appeals granted the children's “Application for Interlocutory Appeal," which they submitted on Oct. 23, asking the higher court to review a ruling made in Fulton County Superior Court.

It is unclear what the siblings – who are represented by their own lawyer, Darice Marie Good – are challenging or their involvement in the matter. KJ Biermann also filed a notice of appeal on Nov. 12 referring to a sealed Oct. 5 order after Georgia Court of Appeals granted his request, initially filed on Oct. 26.

"The Real Housewives of Atlanta" star and her ex-husband share six kids, including KJ, 15, and three other children from their marriage. Kroy Biermann also legally adopted Zolciak's two daughters from a previous relationship in 2013.

USA TODAY reached out to Darice Marie Good and KJ Biermann's lawyer for comment.

KJ Biermann was arrested on Aug. 17 and formally indicted by a grand jury on Sept. 3 on one count of aggravated child molestation, aggravated sexual battery, aggravated sodomy and false imprisonment, as well as three counts of aggravated sexual battery against a child under 16.

He is accused of "intentionally" and "unlawfully" engaging in nonconsensual sexual acts with a female classmate earlier this year, per his official indictment. He denies all allegations.

The alleged incident occurred on April 23, when Biermann ran into a girl he knew through his then-girlfriend at a local gym and suggested they go to the co-ed sauna, which is accessible through the family locker room, the criminal complaint said.

Once in the locker room, the girl alleged Biermann physically restricted her from leaving, leading to his false imprisonment charge, and "tried multiple times to have sexual intercourse" despite her saying no. She also alleged he forced his genitals into her mouth against her will, for which he was charged with aggravated sodomy, and committed other sexual offenses, including digital penetration, before she was able to escape.

The girl went to the hospital the next day, where she underwent a sexual assault examination and spoke with officers, who were able to corroborate her timeline through the gym's security footage. The sexual assault kit returned no evidence of male DNA in the victim's mouth or genitals, the complaint said.

Biermann pleaded not guilty, and his attorney, Jason Sheffield, has denied the allegations since the beginning, telling USA TODAY in an Aug. 21 statement that his client "is 100% innocent and tried to present evidence to the arresting officer," such as a voluntary polygraph test and evidence of "prior false allegations by the alleged victim."

"Sadly, these false allegations are a desperate cry for attention and are motivated by my client's past rejection of the alleged victim's unwanted advances," Sheffield continued, calling Biermann's arrest a "tragedy."

In a Sept. 3 statement to USA TODAY, Sheffield argued "the choices and conduct of children should not suddenly be viewed through an adult lens simply because the consequences are severe." He also pointed to the results of the sexual assault kit.

"Without DNA evidence, the case remains one of 'she said, he said' and the credibility of the accuser," Sheffield said. "The evidence that I have gathered will prove, at the appropriate time and place, that KJ Biermann is not guilty of these horrific allegations. God willing, that place will be juvenile court, where the lives of these young people can be respected and honored."

Additional bombshell allegations later emerged during his Sept. 11 bond hearing, when Deputy District Attorney Caitlin McGillicuddy said Biermann had been under court supervision since October for a separate sexual battery charge, according to Page Six.

McGillicuddy said investigators discovered videos on Biermann's phone that allegedly showed him having penetrative sex with a family member under the age of 12, the outlet reported. In the "multiple encounters" recorded, McGillicuddy alleged Biermann used "predatory, derogatory" language toward the victim.

Biermann's lawyer Jason Sheffield responded to the allegations in court, stating he has not seen "that evidence" from the juvenile case but he has "asked to view" it.

"I understand the state's representation is meant honestly, but I haven't seen it, and what I have been told by other people who have seen it and turned it over, [is] that's not the case – that it is more feigning and more ridiculous, raunchy behavior," Sheffield said. "It's certainly boundary-crossing, inappropriate, but it has resulted in group counseling and reunification and acceptance by the juvenile court of the steps taken by all parties in law."

The judge ultimately granted Biermann a $200,000 bond with conditional release terms to wear an ankle monitor, stay at Zolciak’s home, attend school virtually, no social media or cellphone use, no direct or indirect contact with the victim or her family or associates, and no contact with anyone aged 16 or under.

Sheffield spoke out about the allegations from Biermann's past in a statement to Page Six and TMZ after the hearing concluded, saying, "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."

If you or someone you know has experienced sexual violence, RAINN's National Sexual Assault Hotline offers free, confidential, 24/7 support to survivors and their loved ones in English and Spanish at: 800-656-HOPE (4673) and Hotline.RAINN.org and en Español RAINN.org/es.