Mobster beat pizza attack rap but faces jail after failing federal drug test
Battista (Benny) Geritano beat the rap on a pizza slashing case only to face jail time after failing federal 'whiz' test.
The Brooklyn thug was found guilty yesterday of smoking pot while on federal supervised release after testing positive for the drug several times - despite suspicions he used a prosthetic device known as a "Whizzinator" to thwart the screenings.
Geritano faces up to two years in prison when he's sentenced next week by Judge Sterling Johnson in Brooklyn Federal Court.
The judge dismissed violation charges relating to Geritano's April arrest for knifing Lucali pizza owner Mark Iacono during a bloody street fight because local prosecutors dropped their case and the feds offered no new evidence about the attack.
But there was more than a wee bit of evidence about Geritano's drug use since his release from prison last September after serving nearly six years for bank heists.
U.S. Probation Officer Robert Anton had testified that between September 2009 and April 2010, he collected six urine samples from Geritano that tested positive for marijuana.
Curiously, several samples that Geritano submitted to a drug treatment facility earlier this year came back clean around the same time the feds' samples were dirty, Anton said.
"In our facility, the room is mirrored and we observe the actual submission of the urine into the bottle," Anton testified.
"Some offenders have gone to the lengths of actually purchasing what is called a Whizzinator, which is essentially a fake penis, which enables offenders to distribute urine into a bottle, that is not their own."
Defense lawyer Stephen Kartagener asked the probation officer if Geritano used the device.
Benny Geritano and Mark Iacono allegedly fought over a woman.
"I have no factual evidence supporting that," Anton said.
Geritano denied he smoked pot in prison, but admitted he started smoking when he was released to a halfway house in Brooklyn last summer.
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