MUSICIAN MAY FACE FELONY CHARGES

Washington County DA Says Charges Still A Possibility For Anastasio

Washington County District Attorney Kevin Kortright said Monday he
has not ruled out filing a felony drug charge against a world-
renowned musician arrested Friday in Whitehall.

Kortright said he wanted to review the State Police crime laboratory
report on the drugs Ernest "Trey" Anastasio allegedly possessed at
the time of his arrest, results of a urine sample and the rest of the
evidence Whitehall Police assembled.

"We're going to take a look at it all and make a decision from
there," the district attorney said.

Anastasio, 42, of Richmond, Vt., is the former frontman of Phish, a
hugely popular jam band that broke up two years ago.

He was arrested in Whitehall about 3:30 a.m. Friday on misdemeanor
charges he drove under the influence of drugs, illegally possessed 60
prescription painkillers and an antianxiety drug and drove with a
suspended license. He was on his way to Vermont at the time.

The pills were in a bottle that had the name of a New York City man
on the prescription sticker. Police said Anastasio told them he had
smoked hashish and taken pills before he was stopped for crossing
over the center line on Poultney Street.

Whitehall Police Chief Richard LaChapelle acknowledged that amount of
pills could lead to a felony drug possession charge, but said his
office decided to file the misdemeanor possession charge and allow
Kortright to decide whether a felony was warranted instead.

"I don't like to overcharge people," he said. "Some people would have
charged him with that (a felony). But I hate taking a case and having
it (the charge) reduced or thrown out."

LaChapelle said Anastasio told police he knew he had "a problem" and
that he hoped to take care of it. Anastasio released an apology late
Friday.

"He was most concerned about how this was going to affect his
involvement with a youth orchestra in Vermont," LaChapelle said.

New York courts have drug court programs to assist those with drug
problems, but because Anastasio is a resident of Vermont, he would
not qualify for it unless he moved to New York, Kortright said.

Should Anastasio be convicted, LaChapelle said he'd like to see him
sentenced to some type of community service that could assist the area.

"They should make him do something around here. How about a free
concert in Whitehall?" he said with a laugh.

Meanwhile, LaChapelle said the media and Phish-fan frenzy that began
when news of the arrest got out Friday morning continued into the
weekend. LaChapelle said Court TV and a number of national news
organizations contacted his office.

And on Saturday, a Phish fan from the Albany area made a trip to the
Whitehall Police Department, telling officers he wanted to see where
the arrest happened and meet the officers involved, the chief said.