No charges against NYC commissioner's son

Story highlights

  • Greg Kelly, 43, will not be criminally charged, Manhattan DA's Office says
  • Kelly was accused last month of sexually assaulting a woman in October 2011
  • He is a local news anchor and son of NYC police Commissioner Ray Kelly
  • Complainant had drinks with Kelly, was "woozy" and not a willing participant
Greg Kelly, a local news anchor and son of New York Police Commissioner Ray Kelly, will not be criminally charged for the sexual assault accusations leveled against him late January, the Manhattan District Attorney's Office announced Tuesday.
"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," Assistant District Attorney Martha Bashford wrote in a letter to Kelly's attorney. "Therefore, no criminal charges are appropriate."
"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," Greg Kelly said in a statement Tuesday night. "I am so blessed to have a wonderful family and friends whose support for me never wavered."
Kelly, 43, was accused of a sexual assault incident dating back to early October 2011. According to the District Attorney's office, the NYPD promptly recused themselves from the case and handed the investigation over to their staff.
"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," the letter from Assistant DA Bashford said. "Among those witnesses were the complainant and your client, both of whom were cooperative and were interviewed in the first days of the investigation."
According to a 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 met for drinks at a local bar, the woman told police she had consumed drinks until she became intoxicated, then invited Kelly to her office building where they had sex in her boss' office, the source said.
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 and had an abortion.
Deputy Director of Communications Joan Vollero confirmed that the DA's office currently has no plans to charge the anonymous complainant.
Following the accusations, Kelly's local station WNYW reported that the anchor had requested time off. "I am grateful to everyone at Fox 5, especially Rosanna Scotto, my co-host," Kelly said in his statement Tuesday. "I look forward to soon resuming my post on Good Day New York next to her."