Greg Kelly, Police Commissioner's Son and TV Anchorman, Won't Face Charges Over Rape Claim

Prosecutor: Case against Greg Kelly did not meet standard of prosecution.

ByABC News
February 7, 2012, 7:28 PM

Feb. 7, 2012 — -- A New York prosecutor considering rape allegations against Greg Kelly, a Fox TV local morning anchor who is the son of the city's police commissioner, has decided not to bring charges in the case.

Kelly's lawyer, Andrew Lankler, met this evening with the lead prosecutor, Martha Bashford, the chief sex crimes prosecutor for Manhattan District Attorney Cyrus R. Vance Jr., and left with a letter informing him that, following the investigation, it was determined the allegations against Kelly did not meet the standard of criminal prosecution and no charges would be brought.

"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," Bashford's letter concluded.

Read the whole letter here.

Because Kelly is the son of New York City's nationally and internationally renowned police commissioner, Raymond Kelly, the police department recused itself from investigating a New York woman's rape allegations last month to avoid any conflict of interest.

Kelly had taken time off from his job as an anchor on "Good Day New York" while Vance's office investigated.

"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 his own statement. "I am so blessed to have a wonderful family and friends whose support for me never wavered.

"My lawyer, Andrew Lankler, and advisor, Ken Sunshine, were invaluable during this process," Kelly added. "Thank you to 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."

The district attorney's office confirmed that the investigation into Kelly's conduct was over:

"Earlier today, the District Attorney's Office sent a letter to Andrew Lankler notifying him that we would not be filing charges against his client," said a written statement by Joan Vollero on behalf of the Manhattan district attorney. "We made a similar notification to the complainant.

"From the moment this matter was referred to this office, we conducted a thorough investigation, consistent with standard practice", Vollero wrote.

Bashford's letter claimed the DA's investigation "included interviewing numerous relevant fact and expert witnesses, and reviewing multiple items of physical evidence, including, but not not limited to, receipts, security logs, text messages and telephone records."

The accuser, approximately 30, told investigators that she met Kelly, who is single, in lower Manhattan and that he later raped her in the law offices where she works as a paralegal.

She said the incident occurred several months ago. However, she did not report the incident to police until mid- to late-January.

The accuser told investigators she had become pregnant as a result of the encounter with Kelly and had terminated the pregnancy, sources close to the investigation told ABC News. Investigators attempted to establish whether that was accurate, sources said at the time the allegations were brought.

Officials had no comment on the specifics of the case following its conclusion.

ABC News' Michael S. James and Andrea Canning contributed to this report.