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Alleged rape by Kelly prompted paralegal's abortion, source says

From Susan Candiotti, CNN
updated 10:33 PM EST, Fri January 27, 2012
Greg Kelly, 43, has taken a leave of absence from his co-anchoring job on WNYW's
Greg Kelly, 43, has taken a leave of absence from his co-anchoring job on WNYW's "Good Day New York."
STORY HIGHLIGHTS
  • Source: The woman told authorities she was intoxicated at the time of the alleged rape
  • The pair had flirted over text messages about getting together, the source says
  • Kelly, the son of the NYPD police commissioner, has not been charged in the case
  • Kelly's attorney, Andrew Lankler, says his client is "cooperating fully"

New York (CNN) -- A paralegal who accused the New York police commissioner's son of raping her inside a Manhattan law firm said the incident left her pregnant and prompted her to get an abortion, according to a source familiar with the investigation.

The woman, described as around 30 years old, told police earlier this week of the alleged October attack by Greg Kelly, a former Fox News White House correspondent and current co-anchor on WNYW's "Good Day New York."

Kelly, 43, the son of New York Police Commissioner Ray Kelly, has since taken a leave of absence from his anchor chair. He has not been charged with a crime.

According to the source, the woman told authorities that over the course of three days in early October, the pair exchanged phone numbers, mutually flirted, talked and exchanged text messages about getting together.

When they finally met for drinks at a South Street Seaport area bar, the woman told police that they each used credit cards and took turns paying, consuming drinks until she became intoxicated, according to the source.

She said she then invited Kelly to her office building where they had sex in her boss' office, according to the source.

The woman, whom authorities are not identifying, described her condition to authorities as "woozy" and said she was not a willing participant, the source said.

She said she later learned that she was pregnant, telling authorities that it couldn't have been from her boyfriend, who had had a vasectomy, the source said.

The woman told authorities she continued to exchange what the source described as nonconfrontational messages with Kelly following the alleged assault.

Later, a man presumed to be the woman's boyfriend sought out the elder Kelly at a public event, according to Deputy Police Commissioner Paul Browne.

The man said to the commissioner, "'Your son's ruining my girlfriend's life,'" Browne said.

"Kelly asked, 'What do you mean by that?,'" added Browne, noting that the man said, "there were too many people around, and so the commissioner told the man to write him a letter."

It's not clear if the man had done so.

Greg Kelly's attorney, Andrew Lankler, said the allegation of rape is false.

"Mr. Kelly strenuously denies any wrongdoing of any kind, and is cooperating fully with the district attorney's investigation," he said in a statement. "We know the district attorney's investigation will prove Mr. Kelly's innocence."

He said his client is "cooperating fully."

The scandal leaves Manhattan District Attorney Cyrus Vance Jr. again confronted with a sex scandal that bears implications far beyond the courtroom. Vance was involved in the sexual assault case against former IMF chief Dominique Strauss-Kahn last year. A hotel maid accused Strauss-Kahn -- once considered a leading French presidential candidate -- of assault during an encounter in his room at New York's Sofitel. The charges were ultimately dropped.

Vance's office has taken over the Kelly investigation to avoid possible conflicts of interest by would-be police investigators, said a source with knowledge of the probe.

His office, which fended off criticism over its handling of the Strauss-Kahn case, has remained largely tight-lipped about how prosecutors are dealing with the Kelly investigation.

Linda Fairstein, former head of the district attorney's sex crimes unit, said she's confident Vance's office is well-positioned to handle the Kelly case.

"He could have kicked it out of the county, but it's not a conflict for him," Fairstein said. "It all comes down to what his investigators can do."

Some of those investigators, she said, are former police officers who are capable of pursuing the case.

Two days before the Kelly allegations surfaced this week, the newsman interviewed Vance about the handling of the Strauss-Kahn scandal.

Prosecutors ultimately dropped that investigation due to apparent gaps in evidence and credibility questions about Nafissatou Diallo, the hotel maid.

"Your office chose not to prosecute Dominique Strauss-Kahn for sexual assault, an alleged sexual assault," Kelly said to Vance on "Good Day New York." "A lot of people were frustrated. They thought Nafissatou Diallo had a strong case that should have at least gone to trial. Why did your office decide not to prosecute DSK?"

Vance responded that he felt he could not prosecute "beyond a reasonable doubt."

"Our job as a prosecutor's office is not to put points on the board," Vance said during the interview. "Our job as a prosecutor's office is to try to do right. To pursue every case to where it should end up appropriately."

The investigation is the latest high-profile case before Vance, who has often been seen as a reformer, following a series of sexual assault cases that has left his office open to criticism.

In addition to the Strauss-Kahn case, Vance's office presided over an investigation of two New York police officers who were acquitted in May on charges of raping a 27-year-old woman whom they had helped home. A jury acquitted the men of felony rape and burglary but found them guilty of official misconduct, a misdemeanor.

Vance is the son of Cyrus Vance Sr., who held various high-level Cabinet positions, including Secretary of State under President Jimmy Carter.

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