Manhattan prosecutors will not file rape charges against Greg Kelly, son of Police Commissioner Ray Kelly, after a two-week investigation stemming from charges from a 29-year-old woman who accused Kelly of raping her in her office last October.
Prosecutors from the office of Manhattan District Attorney Cyrus Vance released a letter Tuesday announcing the end of the investigation that concluded with their belief that Kelly had not raped Maria Di Toro.
The facts established during our investigation do not fit the definition of sexual assault crimes, prosecutors said in the letter to Andrew Lankler, Kelly's lawyer. Therefore, no criminal charges are appropriate.
Kelly met Di Toro last October and the two agreed to meet for drinks a few days later. On Jan. 24, Di Toro reported the incident to the police. She said that the two had gone drinking on Oct. 8 and afterwards had gone to the law offices where she works in the Financial District, where she said she was too drunk to consent to sex with Kelly.
However, both before and after the encounter, Kelly and Di Toro sent text messages and emails to one another that showed that the lustfulness was mutual.
The NYPD turned the case over to the office of the Manhattan District Attorney, fearing a conflict of interest. The office then proceeded to review bar receipts, security logs, text messages and telephone records, as well as interview the two.
No charges will be filed against Di Toro since the prosecutors think that she really believes that she was raped by Kelly.