DA Will Not File Charges in Greg Kelly Investigation

There wasn't enough to substantiate the woman's claims, the DA's office said.

By Shimon Prokupecz and Jonathan Dienst
|  Wednesday, Nov 14, 2012  |  Updated 11:38 PM EDT
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No Sex Assault Charges for Greg Kelly

AP

Greg Kelly will not be charged.

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The son of New York City's police commissioner will not be charged with sexual assault, the Manhattan District Attorney announced Tuesday.

Greg Kelly, who is also a co-host of Fox 5's "Good Day in New York," was being investigated on a woman's accusation he sexually assaulted her after the two had drinks at a bar last October. The woman filed the complaint at the 13th Precinct on Jan. 25.

"From the moment this matter was referred to this office, we conducted a thorough investigation, consistent with standard practice," DA spokeswoman Joan Vollero said. "After reviewing all the evidence, we have concluded that the established facts do not constitute a crime under New York criminal law.”

The investigation was being handled by the district attorney because of the potential conflict of interest with Police Commissioner Ray Kelly.

The district attorney's office spoke with both the complainant and Greg Kelly, "both of whom were cooperative and were interviewed in the first days of the investigation," according to Martha Bashford, the chief of the sex crimes unit.

"That investigation included interviewing numerous relevant fact and expert witnesses, and reviewing multiple items of physical evidence including but not limited to receipts, security logs, text messages and telephone records," Bashford wrote in a letter to Kelly's attorney, Andrew Lankler.

Kelly released a statement Tuesday evening, saying, “I am thankful that the investigation established what I've known all along, that I am innocent of the allegations that were waged against me."

He added that he planned to resume his post on "Good Day New York" next to co-host Rosanna Scotto, but did not specify a date. Kelly has not appeared on "Good Day New York" since Jan. 26.

The woman who filed the complaint told police she and Kelly met on the street and went to have drinks at Jeremy's Ale House at South Street Seaport. Afterward they went to her office at a law firm, and that's where she claimed the rape occurred.

She and Kelly exchanged phone and text messages afterward that appeared friendly in nature; he expressed that he wanted to see her again and she indicated she had a good time, a source said.

Kelly, 43, joined Fox News Channel in 2002 and was the White House correspondent from 2005-2007, according to his biography on WNYW's website. A Marine Corps veteran and reservist, he also covered the Iraq War, including four assignments in Baghdad.     

Before that, he covered politics for local cable news channel New York 1 and was an anchor and reporter for NewsChannel 34, an ABC and NBC affiliate in Binghamton, N.Y., his bio said.     

He also served for nearly a decade in the Marine Corps and is now a lieutenant colonel in its reserves.  

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