Prosecutors Decline to File Rape Charges Against Police Leader’s Son (NYC)

[Omaha Steve]

http://www.nytimes.com/2012/02/08/nyregion/manhattan-prosecutors-wont-charge-police-commissioners-son-in-rape-accusation.html?_r=1&partner=EXCITE&ei=5043

By WILLIAM K. RASHBAUM

Manhattan prosecutors have decided not to file rape charges against a son of Police Commissioner Raymond W. Kelly after a two-week investigation of a woman’s accusation that he had attacked her late last year inside the Lower Manhattan law office where she worked, prosecutors said in a letter on Tuesday.

The office of the Manhattan district attorney, Cyrus R. Vance Jr., concluded its inquiry into the accusation leveled against Mr. Kelly’s son Greg Kelly, a local television anchor, concluding that “the facts established during our investigation do not fit the definition of sexual assault crimes,” according to a brief letter to Mr. Kelly’s lawyer, Andrew M. Lankler. “Therefore, no criminal charges are appropriate.”

A spokeswoman for the district attorney’s office said it had conducted a “thorough investigation,” interviewing witnesses and analyzing evidence including security logs, text messages, receipts and phone records.

The letter, from the chief of the district attorney’s Sex Crimes Unit, Martha Bashford, the assistant district attorney assigned to handle the case, said the witnesses included the accuser and Mr. Kelly, “both of whom were cooperative and were interviewed in the first days of the investigation.”

FULL story at link.

[sabrina 1]

1. But there was no such 'waiting for facts' when it came to DSK for Commissioner Kelly.

Less than hours after an accusation was made, he was perp walked, thrown in jail, and screaming Murdoch headlines declared him guilty, while Ray Kelly's spokesperson, Mr. Truth as he is known, Browne, lied to the press about the details of the events fueling the Tabloid Media Witchhunt. But then, Ray Kelly is an old friend of DSK's arch political rival, Sarkozy.

I am glad they have not prematurely thrown a man in jail based on only an accusation without even waiting for forensic evidicence as was done in the case of DSK. However, the hyprocisy that now the son of the same commissioner of the NYPDalso accused of rape , gets such contrasting treatment.

And in the end, there was no case then either. And Murdoch's rag, the NY Post appears to have treated these two rape allegations very differently also.

[MADem]

3. Well, DSK was getting ready to go to a place where extradition would be problematic.

He was a flight risk who was getting ready to board a flight to FR.

Roman Polanski did pretty well avoiding charges in France for a number of years.

I am not familiar with the details of this case. If he's the son of the Police Commish, he's probably got a few more ties to the community Just grab the passport and he's stuck.

[sabrina 1]

5. Well, he was not a flight risk at all. That was one of many excuses that fell apart as

the date for the French primaries passed and the new IMF chief was installed. DSK has a home here, and family ties. His brother and family and his own daughter are here. There was zero reason for a perp walk, other than to destroy him, or for placing him in Reiker's in solitary, simply none. And once those critical dates were passed, there was no more real interest in him. Mission accomplished.

As for Kelly's son, anyone is likely to flee. Kelly's son was treated differently to any other suspect in a case like this. Most others would have been arrested, then released on bail while evidence is gathered. There was never a chance of that happening to Ray Kelly's son.

Kelly needs to go anyhow, the people of NY are demanding he step down after the latest revelations of the latest scandal in the NYPD, not because of this case, although this won't help him but because of all the scandals brewing around the NYPD on his watch.

[MADem]

6. Roman Polanski had a home here. He had in-laws (his wife had been murdered) as well.

The USA was one of his principal places of work, too. He fled hours ahead of sentencing, specifically to avoid prosecution, and he knew he'd find safe harbor in France.

And he did.

It's hard to flee without a passport. You can't get to frigging Canada without one, anymore, unless you have one of those frequent border crosser cards.

I don't know if Young Kelly's was taken, we'd have to ask the DA.

I have no idea what the scoop is with Kelly; all I'm saying is that if you have a middle aged maid in Manhattan calling rape (contemporaneously--not months previously) against a guy who is packed and racing for the airport to hop on a plane to France, what would have been a better call? Let him go?

The cases aren't at all similar. One woman says she was just attacked a moment ago; the other woman says she was attacked months back and continued to text the accused, and then, there's an angry boyfriend in the mix as well. About the only thing they have in common is two well-known public figures as the alleged perpetrators.

I don't claim to have inside information here, I simply think there's justification for differing treatment based on the "Polanski Paradigm." I'd call it the "Ira Einhorn" paradigm, only no one ended up dead stuffed in a trunk.

[obamanut2012]

2. I just don't know what to think about this situation

All around odd.

[tammywammy]

4. Agreed

Very strange.

[2ndAmForComputers]

7. Sus lex