The ex-boyfriend of a porn star was cleared of criminal charges Tuesday because of an extended trial delay caused by the X-rated actress’s bad deeds.
Charges against Thomas Gelardo, 33, were dismissed on speedy trial grounds after Trista Geyer, of “Naughty Athletics” and “Housewives Need Cash 5,” gave a fake excuse for being unavailable to testify.
Gelardo had been charged with breaking into Geyer’s apartment in 2013.
Prosecutors said Geyer, 30, who advertises herself as Kendall Brooks, was unavailable to travel to the city from Florida due to “exceptional circumstances,” according to court papers.
Her excuse was that she “had to care from a sick family member,” the papers say.
“Based on exhibits submitted by both parties, it cannot be credibly argued that the complainant was unavailable to testify during the entire period,” Manhattan Supreme Court Justice Charles Solomon wrote in a decision issued Tuesday afternoon.
“Any claims by the complainant to the contrary are belied by her conduct, which included narcotics use, arrest, incarceration and limited participation in the family member’s care during the period in question,” the judge continued.
Gelardo’s lawyer recently submitted proof that Geyer was arrested five times in Florida since November 2014.
In one bizarre ordeal, she was charged with breaking into the home of her former lawyer, who she was also seeing romantically.
Gelardo’s trial for allegedly breaking into Geyer’s apartment in 2013 was derailed last year when prosecutors said Geyer could not appear.
