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Man in 'Flush the Johns' case had no cash to pay, lawyer tells court

Walter Delaney leaves the Nassau County District Court

Walter Delaney leaves the Nassau County District Court on Friday, Oct. 24, 2014 in Hempstead. Photo Credit: Howard Schnapp

A Garden City man did not have any cash to pay when he was arrested last year on a misdemeanor charge of patronizing a prostitute, his lawyer said in court Friday.

Walter Delaney "didn't have any money on him, not a nickel, not a dime," attorney Leslie Rudman of Jericho said in her opening statement to Judge Sharon Gianelli at the nonjury trial in First District Court in Hempstead.

Delaney, 55, is the sixth man to go on trial on patronizing charges stemming from the arrests of 104 men in the Flush the Johns anti-prostitution sting in Nassau County in April and May of 2013. Four of the five were acquitted, and one was convicted, at the nonjury trials. More than 80 have pleaded guilty to some charge.

Assistant District Attorney Philip Nash didn't address the money issue in his opening statement. He said Delaney had gone on a website known for its prostitution ads on April 26, 2013, viewed a sexually suggestive ad and called a telephone number listed in the ad.

Delaney then went to the hotel in East Garden City about 6:30 p.m. and was arrested after entering the room and speaking with an undercover police officer.

Nash said the Web ads seeking to snare the "johns" who patronize prostitutes had to be carefully worded to avoid Web filters that block blatantly sexual material. "They use code words for sex and they use code words for money," he said.

However, it was clear Delaney was in the hotel room "for one purpose, and that's to engage in sex with a woman he believes is a prostitute. . . . He knew he was in the right place for what he was looking for," Nash told the judge.

Rudman said Delaney had never agreed to pay for sex, and she noted that the ad made no mention of being able to pay by credit card or other means.

The trial resumes Monday.

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