NEW YORK (CBSNewYork) – Police Commissioner Ray Kelly is staying mum.
Ray Kelly appeared in front of reporters for the first time since his son was accused of sexual assault. Kelly was asked repeatedly about the accusation and the case, and referred any questions to the Manhattan district attorney’s office.
LISTEN: 1010 WINS’ Juliet Papa reports
No charges have been filed against Greg Kelly, but the scandal is keeping the WNYW-TV anchor off the air.
Greg Kelly issued a statement saying he “strenuously denies any wrongdoing” but has stepped back from his duties as co-host of “Good Day New York” on Fox 5 while the investigation is underway.
WCBS 880′s Rich Lamb With Ray Kelly
Investigators are beginning to dig back into October, looking for any evidence that could corroborate the woman’s claim that she was sexually assaulted by Kelly.
CBS 2 has learned Kelly’s accuser has claimed their sexual encounter resulted in her getting pregnant. She has also claimed that she subsequently had an abortion.
The District Attorney’s team is searching for witnesses who may have seen the two drinking near the South Street Seaport as well as any surveillance video of Kelly and the woman near a bar, walking to her office or inside her building.
According to reports, the woman says she met Kelly on the street and the two had drinks by the South Street Seaport before going to her law office building where she says Kelly forced himself on her.
But, she admits, she was very intoxicated.
Kelly has provided investigators text messages the two exchanged, CBS 2 has learned.
1010 WINS and WCBS 880 reported that sources told the New York Post the Manhattan District Attorney’s Office has serious doubts about the woman’s claims that she was raped by Kelly and is leaning toward not filing criminal charges.
Legal experts say it may come down to whether investigators believe Kelly’s accuser was too drunk to say no.
“These are the worst cases because the fact of the matter is that if he knowingly forced himself on somebody who is saying no even though she started down that road, it’s still rape,” said criminal lawyer Gerald Lefcourt.
LISTEN: WCBS 880′s Irene Cornell reports
Not since the Manhattan D.A. dropped the rape charge against Dominique Strauss-Kahn, has Cyrus Vance Jr. found himself in the middle of such a high profile rape investigation.
Here, detectives who interviewed Greg Kelly’s accuser said she seemed quite professional and credible.
Legal expert Paul Kalin looked at the case.
“There was a lot of public controversy and criticism about the handling of the Strauss-Kahn case. I think DA Vance will have to be very very careful to be sure that there’s no allegation here that he’s been unfair or biased in handling this investigation,” Kalin told WCBS 880 reporter Irene Cornell.
Complicating the investigation is the fact that Greg Kelly is Police Commissioner Ray Kelly’s son.
Sources close to the investigation say the woman and her sister went to the 13th precinct Tuesday night to file a complaint and when detectives realized the potential for a conflict of interest, they immediately turned the case over to Manhattan District Attorney Cyrus Vance.
Mayor Michael Bloomberg says it was the right call.
“In this case, I thought the police department did exactly what they should do,” Bloomberg said. “They right away turned the investigation over to the DA because you don’t want the appearance of a conflict of interest.”
Greg Kelly is cooperating fully with the investigation and denies the claims. He has not been charged.
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