No jail for Trey

[bjorn_skurj]

Rocker Trey Anastasio pleads guilty, avoids jail in drug case

Eds: SUBS lede to show plea was to felony drug charge; UPDATES with comment from lawyer, prosecutor.

By LISA RATHKE

Associated Press Writer

 

FORT EDWARD, N.Y. (AP) - Former Phish rocker Trey Anastasio pleaded guilty Friday to a felony drug charge, avoiding jail time under an agreement that calls for him to participate in a drug court program and drops more serious charges.

 

Anastasio, 42, pleaded guilty to attempted criminal possession of a controlled substance, admitting in court that he was in possession of Vicodin, Percocet, heroin and Xanax when he was pulled over for a traffic stop.

 

Under the drug court program, Anastasio will have to spend 12 to 15 months making weekly court appearances. He will also be subject to drug testing and will have to perform community service.

 

"He's accepted responsibility," said Washington County District Attorney Kevin Kortright. "That's all we can ask for."

 

Judge Kelly S. McKeighan postponed sentencing until Anastasio completes the program. If he is successful, he will get five years probation. If he is not, he could get three years in prison.

 

"He's committed to this," said defense attorney Stephen Coffey. "He was wrong. He's admitted he was wrong."

 

Coffey and Kortright said Anastasio got no special treatment because of his fame.

 

"I don't think it helped him. I don't think it hurt him," said Coffey. He said Anastasio gets treatment daily and is attending Alcoholics Anonymous meetings.

 

Anastasio didn't talk to reporters as he walked out of the courthouse, getting into a black van and leaving.

 

Anastasio, who has been performing solo since Phish broke up in 2004, now lives in New York City but plans to move to the Fort Edward area while he is participating in the drug court program, according to Coffey.

 

On Dec. 15, Anastasio was spotted weaving on U.S. 4 and pulled over by police in Whitehall. He failed a roadside sobriety test and was charged with possession of a prescription painkiller that belonged to another person, driving under the influence of drugs and driving under the influence of alcohol, which are all felonies.

 

He also was charged with possession of heroin, possession of an anti-anxiety drug prescribed to someone else, and possession of a second prescription painkiller belonging to another person, which are misdemeanors.

 

After the arrest, Anastasio issued a written statement saying he felt "terrible about what happened last night, and I am deeply sorry for any embarrassment I have caused my friends, family and fans."

 

 

 

I think it is a real sign of the progress we have made in our Great Republic that we have judges named Kelly.

[willywoody]

i say throw the book at anyone caught with heroin. it'll only help them.

[mountain bed]

I can only say that I really hope Trey can get healthy...just like I would say for anyone in a similar situation, even if they're not famous or a virtuoso guitar player.

[Beltmann]

i say throw the book at anyone caught with heroin. it'll only help them.

One of my former students--otherwise a bright, nice kid--was recently jailed for heroin and forced into a rehab program. His parents were grateful for the arrest and said it was the best possible thing for him.

[brokendowntele]

I always had him as more of a coke guy. I guess Ernest won't be going to jail.

[Lammycat]

i say throw the book at anyone caught with heroin. it'll only help them.

I say give anyone caught with personal use of heroin for the first time an opportunity to get professional help in a rehab and straighten out before being sent to the clink. He's not selling it and obviously has a problem. Do you advocate giving jail time for someone caught with pills, pot, other illegal substances the first time (who's not dealing it)?

[El Picador]

I agree. The Kellys of the world are progressing.

[mountain bed]

Not that anyone would want to do this, but of course there is a LOT of debate on this subject on teh Phish boards. Some innaresting observations, others that are just plain hateful and/or stupid.

[willywoody]

I say give anyone caught with personal use of heroin for the first time an opportunity to get professional help in a rehab and straighten out before being sent to the clink. He's not selling it and obviously has a problem. Do you advocate giving jail time for someone caught with pills, pot, other illegal substances the first time (who's not dealing it)?

 

 

no. i give heroin a special place. i'm not talking loads of jail time , just enough to show you're serious.

 

i'm just not certain rehab itself is enough to scare someone to stay away from heroin. rehab will clean him up temporarily and give him tools to use to try and stay away from heroin when he's released but after that it's gonna be up to him and whatever support system he has around him. rock stars just aren't usually know for their support systems and as long as he tours the drugs will be around. i think to be successful in being drug free he'll have to have a drug free band and a no drugs policy for those around him backstage, on the bus, at the hotel, in the studio, etc. it can be done but it won't be easy.

[mountain bed]

"It can be done but it won't be easy". WW, that's an understatement to be sure! His former band was of course one of the most notorious drug bands of the last 20 years.

 

With court-ordered weekly visits, screenings, etc. for the next year and a half his life is gonna be significantly changed. I know the man's got a pretty severe problem, but I also generally fall on the side of 'no one's gonna tell ME what to do with my life'. But then again I've never had a heroin problem, so I really don't know.

 

With 5 years probo if he successfully completes the program, that would definitely seem to rule out any hope of a reunion with Mike, Page & Fish. Not that it would happen anyway.

[Atticus]

Trey is a nappy-headed ho.

 

Someone needed to say it.

[jc4prez]

i say fuck him

 

ATTEMPTED POSESSION! WHAT THE FUCK IS THAT

 

had any other head been caught with any of the drugs he had in postion under the influnce while driving theyd have been run up a rail.

[oceanman]

I always had him as more of a coke guy. I guess Ernest won't be going to jail.

That was more of the Dave Mathews day's.I think by this point he could find a doctor to prescribe any thing he wanted.

[cassius]

I wonder if he can stay clean for 5 years. Most can't. He needs to get his shit together. His music has been downhill as a direct result of his substance abuse for the last 10 years.

C

[parisisstale]

I wonder if he can stay clean for 5 years. Most can't. He needs to get his shit together. His music has been downhill as a direct result of his substance abuse for the last 10 years.

C

 

Of course it's tough, but you also only hear about the ones that can't stay clean. If you do what you're supposed and follow the directions of recovery, any addict can do it.

[mountain bed]

I wonder if he can stay clean for 5 years. Most can't. He needs to get his shit together. His music has been downhill as a direct result of his substance abuse for the last 10 years.

C

Yeah. Given his chosen profession, and the fact that he's lived 42 years & never had to say no well that's a pretty tough row to hoe... to do the kind of fine-tooth-combing of one's life that needs to be done is a tough task for anyone who has put off the inevitable forever.

 

I hate to agree with the music comment but it's correct, imo. I honestly started to hear what I perceived to be 'coasting' by the band with the ( much-beloved) Summer of the Cow-Funk or whatever the hell it was called...just repetitive ambient groove-style things that were 180 degrees away from the amazing shit they were doing up to '95-'96. It seemed to me to be a direct result of a larger fame & a feeling of 'now we've made it, let's not work so hard'.

[bjorn_skurj]

i say fuck him

 

ATTEMPTED POSESSION! WHAT THE FUCK IS THAT

 

had any other head been got with any of the drugs he had in postion under the influnce while driving theyd have been run up a rail.

No. I edited a police page in the same state for seven years. What happened to him is consistent with what generally happens to people in his situation with few or no previous priors. As long as he stays clean and makes his court dates, that'll be the end of it. If he doesn't, he could face having to do some time.

 

Living for a year in Fort Edward oughta learn him pretty good.

Yeah, really.

[Willkoman]

i say throw the book at anyone caught with heroin. it'll only help them.

 

It's proven jail time without programs helps very few. Treatment/rehabs followed by 12 Step programs are the best way for an addict to get and stay clean.

[Vacant Horizon]

i say throw the book at anyone caught with heroin. it'll only help them.

 

 

yes, people with medical problems should be treated as criminals.

c

[Lammycat]

yes, people with medical problems should be treated as criminals.

c

And sent to jail immediately where they can't get treatment, but ironically, can score more drugs pretty easily. Problem solved.

[wheelco]

he was on lots of drugs in the late 80's when they wrote Junta, so it can't all be bad