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Ousted Smashing Pumpkins drummer Jimmy Chamberlin, scheduled for an arraignment on drug possession charges Tuesday in New York, is in a drug rehabilitation program and trying to get his life back together, according to his attorney.

Chamberlin, who was arrested after the July heroin overdose death of Jonathan Melvoin, a touring keyboardist with the Chicago-based, best-selling Smashing Pumpkins, “is trying to get healthy” in a drug rehab program, said his attorney, Richard Schaeffer.

He added that the incident has caused Chamberlin a great deal of distress. “I think this was a terrible tragedy,” Schaeffer said. “A friend passed away, and it has affected his (Chamberlin’s) life in a significant way.

“We’re just hoping we’ll be able to work out an appropriate disposition with the (New York City) district attorney’s office,” Schaeffer said. “Jimmy has never been arrested before, let alone convicted of any crime.”

Melvoin’s body was found July 12 at the Regency Hotel in Manhattan. Chamberlin was arrested and charged with criminal possession of a controlled substance, a misdemeanor.

Melvoin died of intoxication from the combined effects of alcohol and heroin consumption, according to the New York City medical examiner’s office.

A few days after the death, Chamberlin was fired from the band. Last week, the remaining members of the band–Billy Corgan, James Iha and D’Arcy–announced they would resume their North American tour Aug. 27 in Las Vegas with a new tour drummer, Matt Walker of the band Filter, and a new keyboardist, Dennis Flemion of the Frogs.