LAURA ITALIANO, JAMIE SCHRAM and DAN MANGAN
Feb. 8, 2012
Manhattan prosecutors will not seek rape charges against Greg Kelly, the TV talk-show host and son of Police Commissioner Ray Kelly, stemming from a complaint filed by a 29-year-old woman, authorities said last night.
The case was over nearly as soon as it started — after it surfaced that his aspiring-model accuser, Maria Di Toro, engaged in steamy texting with him after their sexual encounter, suggesting they get together again, sources said.
“Those aren’t the words of a woman raped,’’ one law-enforcement source flatly told The Post.
Another source said the later texts showed that “the lustfulness for each other was mutual’’ and added that it should be “no surprise’’ that the investigation was dropped.
“Between her story, her texts, his story, the small amount of alcohol [involved that night], there was just no evidence,’’ the source said. “The only theory was that she was physically helpless, not forced, but there was no proof that she was in a drunken stupor.’’
READ THE DA’S LETTER
The source noted that Di Toro— the sister of an NYPD sergeant — would not be charged with anything because she apparently still perceives that what happened that night, Oct. 8, in the Financial District law office where she works as a paralegal, was an assault.
“There are no plans to prosecute her because [authorities] don’t believe she is lying. She never wavered from her story that she was too drunk to consent,’’ the source explained.
Di Toro, who has a boyfriend, had met Kelly in a chance encounter on the street and the two agreed to meet for drinks at the South Street Seaport.
She claimed that afterward, she was so drunk that she couldn’t consent to sex.
She waited three months to report the incident.
Kelly, 43, the unmarried, popular host of Fox’s “Good Day New York,’’ issued a statement last night through his lawyer:
“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.
“I am so blessed to have a wonderful family and friends whose support for me never wavered.”
Kelly, who took a leave from the show after the accusations surfaced, gave a special shout-out to his co-host, Rosanna Scotto.
“I will always remember her kindness, and I look forward to soon resuming my post on ‘Good Day New York’ next to her,” he said.
Kelly did not appear on Wednesday’s show.
Kelly’s father declined to comment.
The Manhattan DA’s Office said it had informed both Kelly and Di Toro earlier in the day that no charges would be brought.
“After reviewing all the evidence, we have concluded that the established facts do not constitute a crime under New York criminal law,’’ DA rep Joan Vollero said in a statement.
“From the moment this matter was referred to this office, we conducted a thorough investigation, consistent with standard practice. That investigation included interviewing numerous fact and expert witnesses, and reviewing and analyzing multiple items of physical evidence, including, but not limited to, receipts, security logs, text messages and telephone records.”
Kelly’s lawyer, Andrew Lankler, released a letter that Martha Bashford, head of the DA’s Sex Crimes Unit, sent to him in which she called both the accused and accuser “cooperative’’ in their interviews but concluded that “no criminal charges are appropriate.’’
At one point, Di Toro claimed that she had gotten pregnant by Kelly and had an abortion.
A source had said, “It sounds like she got caught [cheating] by her boyfriend, and then he forces her hand: ‘If you’re not lying, you better report.’ ”