Rape charges brought about ‘Good Day New York’ host Greg Kelly have been dropped after the accuser, Maria di Toro, admitted to not remember having sex with Kelly.  With Di Toro admitting that she does not remember the attack, the case cannot proceed further, thus clearing Kelly.

The New York Post
reports that Di Toro (29) told police that she was so intoxicated after having drinks with Kelly in South Street Seaport on October 8th last year that she doesn’t remember going back to her office with Kelly.

Further, surveillance videos of the two entering her boss’ office at Cullen & Dykman show that Di Toro was not swaying while walking, nor did she appear overly drunk.

Investigators were also able to trace how much the two drank that evening by examining their receipt, which had only a modest final charge on it.

“Not remembering is not tantamount to being raped,” one source said a day to the New York Post following the prosecutors’ announcement that they’re dropping the charges against Kelly.

Di Toro also claimed that Kelly impregnated her that evening, but that she had an abortion thereafter.

Since Di Toro still maintains that she was attacked - although she cannot remember having sex with Kelly - the District Attorney will not be charging her with false accusation of rape. Investigators have said that her story has remained “consistent.”

Similarly, Di Toro’s boss will not be firing her, despite improper use of the law firm’s offices.
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The case was handed over to the Manhattan District Attorney’s office since of the obvious conflict of interest the NYPD would have had handling the matter - Greg Kelly is the son of the NYPD Commissioner Ray Kelly.

Investigators were immediately skeptical of Di Toro’s claims against Kelly, especially since she had waited three months to report anything.

Kelly and Di Toro first met each other during a chance meeting on the street. Di Toro was reportedly “smitten” with the television host. Both prior to and after their October 8th evening, the two exchanged “sexting” text messages.

That, coupled with Di Toro’s three month delay in reporting the incident, made investigators very skeptical about her claims.

“The lustfulness for each other was mutual,” a source said about those post-date text messages.

“I’m very appreciative of all the support, the positive support I’ve received,” Kelly said yesterday as news emerged that he will be returning to his morning show spot alongside co-anchor Rosanna Scotto. Kelly had taken a leave of absence from the show on January 26th when the allegations were brought about.