UPDATE: Greg Kelly to return Friday to ‘Good Day New York’

Kelly said texts sent to him by his accuser were "flirtatious."
getty images

Greg Kelly will return to his anchor post at FOX 5 on Friday, following the DA’s decision that he will not be charged with rape.

Kelly, who is a host on “Good Day New York,” has not appeared on air since he was accused two weeks ago of raping a 28-year-old woman in October. Kelly will return to his chair with co-host Rosanna Scotto on Friday morning, the station confirmed.

The Manhattan district attorney’s office investigated the allegation of Kelly’s accuser after she told police she met him for drinks on Oct. 8 at a bar in the South Street Seaport and then went back to her Lower Manhattan office, where she claimed he raped her.

The woman also said she became pregnant from the encounter and had an abortion.

Kelly maintained that their encounter was consensual. Speaking through his spokesman, he sent out the following statement after the DA decided not to charge him:

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. My lawyer Andrew Lankler and advisor Ken
Sunshine were invaluable during this process. Thank you to the thousands
of ‘Good Day New York’ viewers who expressed positive support through
social media. And I am grateful to everyone at FOX 5, especially Rosanna
Scotto, my co-host.  I will always remember her kindness, and I look
forward to soon resuming my post on ‘Good Day New York’ next to her.

In a letter sent to Greg Kelly’s attorney, Assistant District Attorney Martha Bashford wrote:

 …we conducted a thorough investigation, consistent with
what the Sex Crimes Unit does with regularity in similar matters. That
investigation included interviewing numerous relevant fact and expert
witnesses, and reviewing multiple items of physical evidence,
including,  but not limited to, receipts, security logs, text messages,
and telephone records. Among those witnesses, were the complainant and
your client, both of whom were cooperative and were interviewed in the
first days of the investigation. 

After reviewing all the evidence, we have determined that
the facts established during our investigation do not fit the
definitions of sexual assault crimes under New York criminal law.
Therefore, no criminal charges are appropriate.



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