>>> more questions have been raised about a woman's rape claims against new york city news anchor greg kel where who also happens to be the son of the city's police commissioner. investigators continue do police interviews and so far there's state little everyday to support criminal charges against greg kelly . wnbc's chief investigative reporter jonathan dietz has the latest.
>> reporter: the police commissioner made his first public appearance since the rape allegations first surfaced against his son, local tv anchor man greg kelly . he declined to discuss any aspect of the investigation.
>> all those question s aren't going to happen.
>> reporter: the nypd stepped aside to avoid a conflict where they investigate the police commissioner's son. his office, no stranger to high-profile cases. they brought and dropped sex charged against dominic strauss-kahn just last year. new york city mayor michael bloomberg said the d.a. will follow it.
>> there's always going to be high-profile complicated cases. there's always going to be second-guessing. he's tough enough to focus on the job.
>> reporter: sources close to the investigation say there are questions. even some confusion about the woman's accounts, that after a night out drinking with kelly, they went back to a law office where she works and was then raped. she then waited three months before reporting the incident to police . kelly denies any wrong-doing saying what happened was consensual, and sources familiar with the case say the two exchanged friendly text messages after their night out in october.
>> apparently they've been described as leavi flirtatious messages. if there's no evidence and you have text messages on top of this, it's very unlikely they'll bring charges against greg kelly .
>> he's taken time off from work. his dad the police commissioner was asked how he was holding up with his son the subject of an investigation.
>> i respect that question but i'm not going to answer it.
>> reporter: for today, jonathan deetsz, dietz, nbc news new york.
>> joining us sunny hostin and p.r. representative. good morning to both of you. it's interesting because these text messages exist between greg kelly and his accuser. what are investigators are going to be looking for in those messages specifically?
>> i mean they're going to be looking for basically an cofegs because that's what they would need in a case like this. this is an alleged acquaintance rape . in a case like that it's he said/she said. you've got a late report , no rape kit , no corroborating evidence , no photos of injuries. so all you have is her word. you need more as a prosecutor. so they're looking for more. and my understanding is at this point they just don't have it.
>> and, sunny, speaking to the late report , three, four months from when the alleged rape took place to when she reports it. it's a big red flag.
>> it is. i tried sex rape. that was my specialty. there are reasons why women don't come forward. sometimes they're afraid. sometimes they've been threatened by their rapist. so you can try these cases but given all the circumstances of this particular case, it is just doesn't sound right.
>> and marvet, this is an interesting case for a couple of reasons. greg kelly is a well known television anchor here in new york city and he also happens to be the son of a very famous police commissioner here in new york. how could that affect the investigation? could it affect the investigation?
>> it will always affect the investigation because there are high-profile figures involved, so they definitely have to be sensitive and be very careful not to rush to judgment. so i would imagine that the sensitivity involved will definitely, you know, ensure that everyone is meticulously handling this case. but i would imagine that, you know, we just went through this with esk. they're going to be very careful to make sure all the facts line up before they rush to any sort of judgment.
>> sunny, let's talk about dominic strauss-kahn. the d.a.'s office was involved in the case. it was very embarrassing. they had to retract and take away some of those charging, a very milk cause because of the credit sh credibility of the alleged victims. will they act differently because of actions learned from that case?
>> you learn from every case as a prosecutor. let me say this. we're talking about the manhattan d.a. sex crimes division. they're probably the best prosecutors in type of case. in that case, they had special circumstances but i can't imagine that they aren't smarting a bit from it and that they haven't lender from that because when you drop charges in a case like that, it has a chilling effect . it's very difficult for women who have been raped to come forward. and so, you know, thing that case in particular did have a chilling effect because i've spoken to many of my prosecutor friends and less women are coming forward in part because of situations like that. so i think there's no question that they are investigating this with every sex crime , of course. every sexual allegation needs to be invest gated. people need to have the right to have this sort of thing invest gated.
>> absolutely. on the other hand, someone like greg kelly , if he is exonerated. if charges are never filed, do public figures ever really go back to the way things were? i mean how does it affect their image?
>> they can go back to the way things were, but unfortunately this always be part of his dna. he'll always be someone they question. it makes front page news when it's the news story, but when it goes away, if it goes away, no one will really think about it, read about it, or really care.
>> just remember he was accused.
Source: http://video.today.msnbc.msn.com/today/46173904/
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