Friday, August 06, 1999
Kiddie porn case brings 12 charges
Grand jury indicts Springfield Twp. man
BY BEN L. KAUFMAN
The Cincinnati Enquirer
A federal grand jury has charged Terry A. Herzog with sending 12 sexually explicit computer images of young boys across state lines from his Springfield Township home.
Grand jurors also charged him with possession of files of similar pornographic computer images involving boys under age 18.
The 13-count indictment, handed up in Cincinnati on Wednesday, said most of the pictures showed boys under 18 lasciviously displaying their genitals.
Remaining images involved underage boys engaged in sexual acts, grand jurors said.
A spokesman for the U.S. attorney said Thursday that Mr. Herzog, now 51, has not been arrested. Instead, he will receive a summons through attorney H. Louis Sirkin.
Neither Mr. Herzog nor Mr. Sirkin could be reached for comment on Thursday.
The spokesman would not say whether the boys were Tristate residents, nor would he say how many were pictured or what their ages were.
Mr. Herzog was indicted under kiddie porn laws that have a five-year statute of limitations.
Grand jurors said the pornographic images were transmitted between Aug. 10 and Oct. 23, 1994, and the files were in Mr. Herzog's possession in September 1995, when his home was searched.
The delay in prosecuting him reflected agents' difficulty finding the images in Mr. Herzog's confiscated Power MacIntosh 8100 computer, an FBI spokeswoman said on Thursday.
Mr. Herzog's home was one of 125 searched nationally in September 1995 as part of the FBI's continuing “Innocent Images Project.”
The indictment did not indicate why Mr. Herzog became a target, but those familiar with the probe suggested he transmitted the images involved in the indictment “to the wrong people.” Whether recipients were federal agents or kiddie porn aficionados who cooperated with prosecutors was unclear.
Other cities where 1995 raids took place included Dayton, New York City, Dallas, Miami and Newark.
People who posted child pornography pictures on the America Online computer service or repeatedly copied or downloaded the pictures were among those being served with the warrants, the Justice Department said then.
Pornographic evidence collected elsewhere during the raids included pictures of children, ages 2-13, who were forced to pose in real and simulated sex acts with adults, animals and other children.
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