A judge has dismissed the criminal case involving the handwritten lyrics to The Eagles‘ ‘Hotel California’ after concluding that Don Henley had “manipulated” prosecutors by withholding evidence.
Glenn Horowitz, Edward Kosinski and Rock & Roll Hall Of Fame curator Craig Inciardi were accused of attempting to sell handwritten notes and lyrics from the classic 1977 single, as well as its follow-up ‘Life In The Fast Lane’, back in 2022.
Officials estimated at the time that the documents were worth over $1million (£792,000) in total.
The defendants maintained that they had legally obtained the lyric sheets from author Ed Sanders, who was hired to write a biography for The Eagles in the late ’70s. Sanders sold the notepad to Horowitz – a rare book dealer – for $50,000 (£39,609) back in 2005.
Henley claimed that he never gave Sanders the lyrics, and the latter was not charged in the case. Defence lawyers suggested otherwise, however, and questioned Henley’s version of events.
During a hearing in New York yesterday (Wednesday, March 6) Judge Curtis Farber confirmed that Henley had recently handed over more than 6,000 pages of emails and other notes that lent credence to the defence’s claims that Sanders had legitimately come into possession of the lyrics (via Consequence).
The materials were previously withheld under attorney-client privilege, which Henley is said to have waived last week after he and other prosecution witnesses had already testified.
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Farber told the court: “It is now clear that [Henley and longtime Eagles manager Irving Azoff] and their lawyers […] used the privilege to obfuscate and hide information that they believed would be damaging to their position that the lyric sheets were stolen.
“Albeit late, I commend the prosecution for refusing to allow itself or the courts to be further manipulated for the benefit of anyone’s personal gain. District Attorney Bragg and the prosecutorial team here, while eating a slice of humble pie, are displaying the highest level of integrity in moving to dismiss the charges. I am impressed.”
Henley’s attorney Dan Petrocelli subsequently issued a statement to The Associated Press, claiming that his client had “once again been victimised by this unjust outcome”. Petrocelli added that the musician would “pursue all his rights in the civil courts”.
Horowitz, Inciardi and memorabilia seller Kosinski were accused of attempting to sell the lyrics to various auction houses after purchasing them from Sanders, as well as trying to coerce Henley into buying them back.
The three men each pleaded not guilty to conspiracy and various other charges. Their lawyers previously claimed that the case alleged “criminality where none exists and unfairly tarnishes the reputations of well-respected professionals”.
The trial began two weeks ago on February 21. Later, Henley was questioned in court over his unrelated 1980 arrest while giving testimony in the case.
“[…] I made a poor decision which I regret to this day,” he said. “I’ve had to live with it for 44 years. I’m still living with it today, in this courtroom.”
In January, The Eagles added two extra final UK shows to ‘The Long Goodbye’ Manchester farewell residency. You can find any remaining tickets here.