NEWARK, N.J. (CBSNewYork/AP) — Former New York City radio personality Dave Herman pleaded not guilty in New Jersey Thursday to charges he attempted to transport a 7-year-old girl to the U.S. Virgin Islands with the intent to have sex with her.
The 78-year-old Airmont, N.Y. native, who is the retired host of the “Dave Herman Rock and Roll Show” on the old WNEW, did not speak during the hearing in federal court.
Herman’s attorney, Marc Agnifilo, entered the plea on his behalf and raised the possibility entrapment would be claimed as a defense.
Federal prosecutors announced the indictment against Herman back in February. He was arrested in October and remains held without bail.
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.
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, prosecutors said. He was arrested at the airport when he went to pick them up.
Herman’s lawyer has said his client only engaged in banter about the child because he was interested in the 36-year-old.
Following the hearing, Agnifilo said the woman was the one who first mentioned the child in chat rooms and telephone conversations with Herman, and that Herman was just “going with the flow.”
Herman is charged with attempting to transport a minor in interstate commerce with the intent of engaging in illegal sexual activity.
The judge set a tentative trial date for the end of June.
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