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Ex-NYC disc jockey pleads not guilty to sex charge

March 7, 2014
Associated Press

NEWARK, N.J. (AP) — A former New York City radio personality charged with attempting to transport a 7-year-old girl to the U.S. Virgin Islands for sex pleaded not guilty Thursday while his attorney raised the possibility entrapment would be claimed as a defense.

Dave Herman, 78, of St. Croix, who was a pioneering rock disc jockey at WNEW-FM, did not speak during the hearing in federal court. Members of Herman's family occupied the court gallery in support as his attorney, Marc Agnifilo, entered the plea on his behalf.

Herman, who was arrested in October, remains held without bail.

Authorities said Herman thought he was communicating with a 36-year-old single mother with a young daughter when he is alleged to have tried, in multiple telephone and online conversations, to arrange illegal sexual encounters with the child. The woman was actually an undercover officer and the child was fictional.

Agnifilo has said his client only engaged in banter about the child because he was interested in the woman.

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."

The judge set a tentative trial date for the end of June.

Herman purchased airline tickets for the woman and child to fly from LaGuardia airport to St. Croix, prosecutors said, but was arrested at the airport there when he went to pick them up.

 
 

 

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