Greg Kelly will not be charged in rape accusation


The Manhattan DA has decided not to charge Greg Kelly with rape, but also will not charge his accuser, Maria DiToro, because she has stuck to her story. The Fox Television Stations’ WNYW-TV “Good Day New York” co-host, the son of NYPD Commissioner Ray Kelly, was under investigation for allegedly raping her after she came forward to NYPD detectives 1/24 and claimed that he attacked her on 10/8/11.

DiToro, around 30 years old, reportedly said that she met him on the street. They went to South Street Seaport for drinks, and then went to the law firm office where she worked. That’s where she says the assault took place.

But the case was over nearly as soon as it started — after it surfaced that his aspiring-model accuser engaged in steamy texting with him after their sexual encounter, suggesting they get together again, sources told The NY Post.

“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.’’

Di Toro— the sister of an NYPD sergeant — would not be charged with anything because she apparently still perceives that what happened that night in the Financial District law office where she works as a paralegal, was an assault.

Kelly, 43, issued a statement 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.

“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.”