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No rape charge for New York police commissioner's son, D.A. says

February 8, 2012 |  6:46 am


Prosecutors have ruled that there is not enough evidence to warrant a rape charge against Greg Kelly, the son of New York's police commissioner and a local Fox television personality, saying an investigation into a woman's allegation that Kelly assaulted her did not convince officials that a crime had occurred.


The investigation against Kelly came to light on Jan. 26, and his attorney, Andrew Lankler, said at the time that Kelly was innocent and was "cooperating fully" with the probe. Local media reports had identified the alleged victim as a woman in her late 20s or early 30s who said she had met Kelly, a former Fox TV reporter and current host of its morning "Good Day New York Show," in October.

Kelly is the son of Raymond Kelly, the New York City police commissioner. So to avoid a conflict of interest, the investigation had been carried out by the office of the district attorney, not the Police Department.

According to the accuser, the two had drinks one evening in October and then went to her Manhattan office, where she said the assault took place. Kelly has not appeared on "Good Day New York" since the investigation was announced but in a statement Tuesday night said he was looking forward to getting back on the air soon.

"I am thankful that the investigation established what I've known all along, that I am innocent," he said.

Martha Bashford, the head of the district attorney's sex crimes unit, said in a letter to Lankler that the two-week investigation included the review of physical evidence, including text messages and phone calls, as well as interviews with Kelly and the accuser, both of whom cooperated with the probe. "After reviewing all the evidence, we have determined that the facts established during our investigation do not fit the definitions of sexual assault crimes," the letter said.

Local news reports have said that the woman was prodded to report the alleged rape after her boyfriend learned that she had shared drinks with Greg Kelly and confronted Raymond Kelly, telling him that his son had destroyed his girlfriend's life.

According to his biography, Greg Kelly served as a Marine fighter pilot before moving into journalism, and covered the White House as well as the 2003 invasion of Iraq before joining "Good Day New York."


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