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Phish Bassist out of Jam
Phish's Mike Gordon is off the hook.
A New York judge has dropped child-endangerment and trespassing charges against the quirky bassist, who was arrested last month after being discovered with a nine-year-old girl in a restricted area backstage during a Dead show at Jones Beach Amphitheater.
Gordon, known as Cactus by bandmates and fans, faced a potentially thorny legal fight after the August 11 incident. The girl's parents could not find the child backstage, but, with the help of some of her dad's Hell's Angels buddies, the youngster was eventually found unharmed and fully clothed with the 38-year-old Gordon in a private boathouse behind the venue, an area accessible only to employees.
The musician, a hobbyist photographer, was documenting the Dead concert with his camera. He claimed he was merely taking "art photos" and denied any wrongdoing.
According to officials, prosecutors requested the case's dismissal after concluding there was not enough evidence to charge him.
"We completed an investigation and determined that while the police had probably cause to arrest, we found there was not sufficient evidence to prove the charges beyond a reasonable doubt, so we moved to dismiss the charges and the judge granted that motion," says Rick Hinshaw, spokesman for Nassau County District Attorney Deniss Dillon.
The rep also says the girl's parents had sought to have the misdemeanor charges dismissed, but prosecutors still wanted to conduct an investigation before making a final decision.
Ultimately, Hinshaw says, they found "nothing of an incriminating nature in the pictures and no sufficient evidence beyond that." Gordon faced a maximum penalty of one year in jail and a $1,000 fine.
(Don't think Gordon completely skated, though. According to broadcast reports, when the Hell's Angels found Gordon with the girl, they administered their own brand of justice on the bassist's nether-regions.)
After having the charges tossed at a hearing Friday, Gordon said he was looking forward to getting back to the kind of jams he's known for--the ones onstage.
"I am glad all the charges against me have been dismissed, and I can put this misunderstanding behind me," he said in a statement. "I am grateful for the support I've received from my friends and fans."
After he was taken into custody, the girl's parents and Gordon issued a joint statement declaring the whole mess an "unfortunate misunderstanding" and saying they were looking forward "to putting this matter behind us." No word on whether there was a monetary settlement.
Gordon is scheduled to launch a tour in support of his first solo album, Inside In, on October 9 in San Francisco.
As for Phish, the band recently wrapped its summer with the hugely successful "It" festival in Maine. The veteran road warriors are taking a short break before kicking off a four-show mini-tour.
The just-announced trek launches in Uniondale, New York, on November 28, moving to Philadelphia on November 29, then Albany on December 1, before culminating with a special 20th anniversary concert on December 2 at Boston's FleetCenter.
Phish also plans on ringing in the New Year in Florida with four dates set for Miami's American Airlines Arena, December 28 through December 31.
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