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Former NYC Radio Personality Dave Herman Indicted On Sex Charge

NEWARK, N.J. (CBSNewYork/AP) -- Former New York City radio personality Dave Herman has been indicted in New Jersey on a charge of attempting to transport a 7-year-old girl to the U.S. Virgin Islands for sex.

Federal prosecutors announced the indictment of Dave Herman, 77, on Tuesday. He was arrested in October and remained jailed without bond as of Monday.

Herman is the retired host of the "Dave Herman Rock and Roll Show" on the old WNEW. He faces a life sentence if convicted.

According to documents, in November of 2012, Herman began a series of chats on a website with an undercover officer from the Bergen County Prosecutor's Office.

Herman believed that he was communicating with a 36-year-old single mother with a then 6-year-old daughter.

Over the course of the following months, Herman had multiple telephone and online communications with the officer during which he allegedly indicated his desire to engage in sexual activity with the officer's fictitious daughter, authorities said.

"I think that the evidence in total is going to show that Herman was interested in the mother and the mother was introducing the concept of the daughter as part of the undercover scenario," defense attorney Marc Agnifilio told WCBS 880's Monica Miller in November. "He was on a chat site that dealt mostly with incest."

In early 2013, Herman told the undercover officer that he would like to fly the pair down to spend a few days with him in St. Croix so that he could engage in sexual activity with the daughter, authorities said. On Sept. 30, Herman purchased airline tickets for them to fly from LaGuardia Airport to St. Croix, authorities said.

But Herman's lawyer has said his client only engaged in banter about the child because he was interested in the 36-year-old.

Herman is charged with attempting to transport a minor in interstate commerce with the intent of engaging in illegal sexual activity.

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(TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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