The lawyer for Dave Herman, currently in a St. Croix jail on charges stemming from a sex sting, says the legendary radio personality was tricked by a female undercover detective.

Dave Herman (YouTube)

Attorney Marc Agnifilo told the Star Ledger that the undercover detective for the Bergen County Prosecutor's Office piqued the 77-year-old Herman's interest in meeting after she sent a picture of herself. The detective created a scenario in which the only way Herman  could meet "Kris," the persona created by the detective from the Bergen County Prosecutor's Office, was if he engaged in conversation about her fictional six-year-old daughter "Lexi."

Herman initiated a series of chats with “Kris” about her daughter “Lexi” but was actually talking to an undercover officer from Bergen County and was arrested at the airport in St. Croix  by agents from the departments of Homeland Security and Immigration and Customs Enforcement.last week when Herman went to pick up "Lexi" and "Kris."


Herman's lawyer: 'It's part of the undercover design.'

Marc Agnifilo (R) with Dominique Strauss-Kahn (C) during a bail hearing in 2011 (Pool/Getty Images)

Agnifilo gave his take on how the government makes its case in stings like this. "It’s part of the undercover design." he said. "They send a picture (of the female officer) to him. She’s an attractive woman in the photograph … there’s champagne bottles and champagne glasses, and so she’s sort of portraying herself as a partier and she’s showing an interest in Dave Herman, and I think he was looking forward to meeting her."

He explained that in order for the government to make its case against Herman, they have "to prove beyond a reasonable doubt that it was his specific intent to sexually assault this child.”

Herman is currently in a jail in St. Croix awaiting extradition to New Jersey described by  Agnifilo as "spartan."  Agnifilo tells the Star Ledger that Herman has emphysema and called the jail a "rough place for a 77-year-old man."

Agnifilo was previously hired by former IMF Managing Director Dominique Strauss-Kahn when he was accused of raping an employee of a New York hotel where he was staying. Those charges were eventually dropped.

The Star Ledger also reports that Herman set up an account at the website in which his profile states he is a single father living in New York "interested in other incest families, mothers who are involved with their children and all extreme or unusual family relationships. We live in the United States and are open to explore real life meetings and phone relationships along with online friendships.”


  • Star Ledger: Defense lawyer says Dave Herman was duped, will fight child sex sting charges
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