Greg Kelly arrives at the Fox Studios this morning (William Farrington)
Maria di Toro (
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Greg Kelly returned to his post next to Rosanna Scotto anchoring Fox 5’s “Good Day New York” this morning, thanking viewers for their support over the past two weeks.
It was Kelly’s first broadcast since he was accused of rape by paralegal Maria Di Toro more than two weeks ago. The case against Kelly was over nearly as soon as it started — after it surfaced that his aspiring-model accuser exchanged steamy texts 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.
The NYPD commissioner’s son took a leave of absence from his hosting duties on the local morning show following Di Toro’s claims. Manhattan prosecutors said Tuesday evening that they would not be charging Kelly with rape, and it was revealed Wednesday that Kelly would return to “Good Day” this morning.
Kelly did not directly address the rape allegations against him on “Good Day.” But he said he was “grateful for the support for his family from Fox 5 and for the viewers who weighed in through social media.” Kelly added he was “especially grateful to this woman sitting next to me, Rosanna Scotto.”
Scotto then told Kelly they were “going right back to where we left off.” And Kelly said, “I’m not sure about that.”
The NYPD commissioner’s son then received applause in the studio, which could be heard on air.
Kelly, who had introduced the morning’s top stories before addressing his return, then threw to the show’s meteorologist, who said he was happy to have Kelly back.
Kelly arrived outside of the Fox studios at 5 a.m. When asked how it feels to be back, he said “terrific” and that he was “absolutely” excited to be back on the air.
In dropping their investigation into the rape claim against Kelly, the Manhattan DA’s Office said in a statement, “After reviewing all the evidence, we have concluded that the established facts do not constitute a crime under New York criminal law.”
“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.’ ”
Di Toro had met Kelly in a chance encounter on the street and the two agreed to meet for drinks at the South Street Seaport.
The 29-year-old woman told investigators that she got so drunk the night she left her boyfriend at home to go out with the popular TV newsman that she blacked out on everything that happened after they left the bar to adjourn to the nearby firm where she works as a paralegal.
But despite being too bombed to remember the supposed rape in her boss’ office at Cullen & Dykman, she insisted they must have had sex.
Di Toro claimed that she became pregnant from the encounter and later aborted the baby.
But sources have told The Post there was no proof she was in a drunken stupor during the liaison.
In fact, investigators determined she’d had only a few drinks with Kelly at the South Street Seaport bar Jeremy’s Ale House. They even checked out the very low bar bill the two rang up.
Investigators also viewed surveillance video that showed she entered the law firm with him, on her own two feet, without swaying.
Still, Di Toro convinced investigators she genuinely believed Kelly took advantage of her — despite her failure to remember what happened and waiting three months to report the incident.
And because she truly believes she was attacked, prosecutors are not charging her with making a false rape allegation, DA sources have said.
Kelly was asked this morning whether he thought charges should be brought against his accuser, but he did not respond
Kelly, 43, the unmarried, popular host of Fox’s “Good Day New York,’’ issued a statement Tuesday 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.”