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News (Media Awareness Project) - US NY: 'Trey' Indicted on Drug Charge
Title:US NY: 'Trey' Indicted on Drug Charge
Published On:2007-02-02
Source:Post-Star, The (NY)
Fetched On:2008-01-12 16:27:28
'TREY' INDICTED ON DRUG CHARGE

Whitehall - Felony Charge Filed Against Former Phish Leader

FORT EDWARD -- A Washington County grand jury on Thursday filed a felony drug possession charge against the former frontman of the jam rock band Phish.

Ernest J. "Trey" Anastasio, 42, of Richmond, Vt., was indicted on a charge of felony criminal possession of a controlled substance and lesser charges of driving under the influence of drugs and driving with a suspended license, law enforcement sources said.

Grand jury proceedings are secret until the panel reports its decisions on indictments to a judge.

Anastasio had initially been charged with misdemeanor criminal possession of a controlled substance, but the grand jury decided a weightier charge was warranted, one of the sources said. It was unclear what degree of the felony charge was filed.

The indictment will not be handed up and made public in Washington County Court until late next week. No arraignment date has been set.

Washington County District Attorney Kevin Kortright said he could not discuss the case Thursday.

The former Phish guitar player and vocalist was arrested early the morning of Dec. 15 in the village of Whitehall, passing through the village on his way to Vermont from New York City.

He was pulled over after Whitehall Police Patrolman Andrew Mija saw his 2004 Audi sedan cross the center line on Poultney Street.

Mija suspected Anastasio was under the influence of drugs or alcohol and said Anastasio admitted he had used prescription painkillers and hashish before he was pulled over.

Mija spotted a prescription bottle in the car that had about 60 pills, two different prescription painkillers and a prescription anti- anxiety drug. Anastasio did not have prescriptions for the drugs; they had been issued to someone else, police said.

A small packet of a black substance was also found in his car, which tests showed was heroin, officials said.

Anastasio, who is free on his own recognizance, did not testify Thursday. His lawyer had asked last month for a postponement of the grand jury action to allow Anastasio an opportunity to testify, but the rocker declined to appear for Thursday's proceeding.

His lawyer, Steve Coffey, did not return a phone call for comment Thursday. Both Anastasio and his lawyer refused to discuss the case after his only court appearance, a Jan. 10 arraignment in Whitehall Village Court.
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