A Manhattan judge abruptly dismissed a criminal case against three men accused of stealing dozens of pages of handwritten lyrics from Eagles hits, including “Hotel California,” after concluding that band member Don Henley “tampered with ” to prosecutors by withholding evidence.
Three men: Glenn Horowitz, a rare book dealer; Craig Inciardi, curator of the Rock and Roll Hall of Fame; and Edward Kosinski, a memorabilia auctioneer, were charged in 2022 with conspiracy over allegations they illegally obtained more than 100 pages of Henley lyrics.
The defendants maintained that they had legally obtained lyric sheets from author Ed Sanders, who was hired in the 1970s to write a book about the Eagles.
During a hearing on Wednesday (via Billboard), Judge Curtis Farber revealed that Henley recently turned over more than 6,000 pages of emails and other notes that lent credence to defense claims that Sanders had rightfully taken possession of Henley's lyrics. The materials were previously held under attorney-client privilege.
“It is now clear that [Henley and longtime Eagles manger Irving Azoff] and his attorneys…used the privilege to obfuscate and conceal information that they believed would be detrimental to their position that the lyric sheets were stolen,” Judge Farber said during Wednesday's hearing.
“Although late, I congratulate the prosecution for refusing to allow itself or the courts to be manipulated for anyone's personal benefit. District Attorney Bragg and the team of prosecutors here, while eating a piece of humble pie, are showing the highest level of integrity in acting to dismiss the charges. I'm impressed.”
In a statement to The Associated Press Following the dismissal of the case, Henley's attorney, Dan Petrocelli, said his client “has once again been a victim of this unfair outcome” and added that Henley “will defend all of his rights in civil court.”
The Eagles are currently in the middle of their “Long Goodbye” farewell tour with Steely Dan.
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