No charges will be filed against morning television host Greg Kelly, the son of New York City police commissioner Ray Kelly, in connection with a woman's allegation that he raped her after a night of drinking, according to a letter from the prosecutor's office.
In a letter dated Tuesday, the sex crimes prosecutor assigned to the case told Kelly's attorney: "After reviewing all of the evidence, we have determined that the facts established during our investigation do not fit the definitions of sexual assault crimes under New York criminal law. Therefore, no criminal charges are appropriate."
Through a spokesman, Greg Kelly said he was "thankful that the investigation established what I've known all along, that I am innocent of the allegations that were waged against me."
During the investigation, prosecutors interviewed witnesses and reviewed physical evidence such as receipts, security logs, text messages and telephone records, according to a copy of the letter from the head of the sex-crimes unit, Martha Bashford.
The district attorney's office took the case after the NYPD recused itself because of a potential conflict of interest. Bashford's letter said the accuser and Greg Kelly, 43, were cooperative and were interviewed in the investigation. In a statement, DA spokeswoman Joan Vollero said the office conducted a "thorough investigation consistent with standard practice."
The criminal case began Jan. 24, when the accuser went to a police precinct to report that Kelly had raped her after the two went for drinks on Oct. 8 near the South Street Seaport. The two had met on the street.
The woman, whose name has not been released, alleged that Kelly had impregnated her after the encounter in the lower Manhattan law office where she worked. News accounts said she had an abortion, an allegation Lankler has not addressed.
After news of the allegation broke last month, Kelly took a leave of absence from the morning show he has co-hosted on WNYW / 5 since 2008.
In his statement Tuesday, Greg Kelly thanked "the thousands of 'Good Day New York' viewers who expressed positive support through social media. And I am grateful to everyone at Fox 5, especially Rosanna Scotto, my co-host. I will always remember her kindness, and I look forward to soon resuming my post on 'Good Day New York' next to her."