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'Reckless' Leaks Threaten Rape Probe Of New York Police Commissioner's Son

Greg Kelly

Posted: 01/28/2012 1:59 pm

NEW YORK -- Manhattan District Attorney Cyrus R. Vance Jr. said Friday he had "no idea" who leaked information to the media suggesting that prosecutors investigating a rape complaint against the New York City police commissioner's son doubt the credibility of the allegations.

A front-page story Friday in the New York Post, citing anonymous sources, described Manhattan prosecutors as skeptical of the rape complaint against Greg Kelly, 43, a local newscaster and son of Ray Kelly, the city police commissioner. The alleged sexual assault occurred in October, after the woman and Kelly had drinks, she reportedly told police this week.

No charges have been filed against Kelly, who maintains his innocence.

The woman's complaint, filed Tuesday night, "just reeks of BS," a law enforcement official said, according to the Post.

"I have absolutely no idea what [the] source of that incendiary quote is, nor would I support an anonymous quote like that," Vance told radio station WNYC.

Manhattan prosecutors and the NYPD declined to comment on the leaks.

Former prosecutors called the leaks regrettable and said they could undermine the investigation, which began only days ago.

"I think it's unfortunate and even outrageous that any law enforcement source would be leaking to the media within 24 hours that the case has no merit," said Mark Bederow, a former Manhattan prosecutor and defense attorney. "These are real issues that may harm the viability of a case."

The fact that the case will likely hinge on whether the encounter between Kelly and his accuser was consensual make the leaks attacking her credibility especially problematic, said Roger Canaff, a former special victims prosecutor in the Bronx and a sex crimes consultant for the U.S. Army.

"Whether or not the case is provable, leaking the idea that it seems like garbage is really reckless," said Canaff. "It is unfortunate and it is dangerous."

Earlier this week, Kelly's attorney released a statement declaring that Kelly, who is unmarried, is innocent and "strenuously denies any wrongdoing of any kind."

Additional details about the rape complaint emerged late Thursday and Friday through leaks from law enforcement sources.

The woman who filed the complaint told police she became pregnant after the alleged assault and terminated the pregnancy, according to unnamed law enforcement sources quoted by the Associated Press and other news outlets.

Kelly, meanwhile, has claimed to police that "flirtatious" text messages sent by the alleged victim will show that the encounter was consensual, sources told the New York Daily News.

At a news conference at police headquarters on Friday, NYPD Commissioner Ray Kelly declined to answer questions about the investigation.

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