A New York City judge has dramatically dismissed the criminal case against three men accused of stealing handwritten Hotel California lyrics from The Eagles, accusing Don Henley of “inherently misleading” witnesses.
Prosecutors alleged that between March 2012 and December 2016, Glenn Horowitz, Craig Inciardi and Edward Kosinski attempted to sell materials worth more than $1 million and lied to auction houses, potential buyers and police about how they obtained these materials.
But the New York Supreme Court case was dismissed Wednesday after a week-and-a-half trial after 6,000 pages of new evidence contradicted testimony from Henley and his lawyers.
Prosecutors alleged that Glenn Horowitz, Craig Inciardi and Edward Kosinski (from left) tried to sell materials worth more than $1 million and lied to auction houses, potential buyers and police about how they obtained them between March 2012 and December 2016.
Supreme Court Justice Farber said, “Mr. Henley and Mr. Azoff used the privilege to protect themselves from thorough, full cross-examination.
‘It is now clear that both witnesses and their lawyers, two of whom have also shielded themselves from rigorous cross-examination, are relying on Mr Henley’s implied use of privilege to obfuscate and conceal information believed to be damaging are for their position that the text sheets were stolen. This is a fundamental violation of confrontation.”
DailyMail.com has contacted Henley’s representatives for comment.
Horowitz, Inciardi and Kosinski expressed immense relief when the case was dismissed and shared warm embraces with their families, who were overcome with tears.
Manhattan Assistant District Attorney Aaron Ginandes decided to dismiss the case against the three men because “the prosecutor’s confidence in the merits of this case” was not sufficient.
“The decision of the witnesses at trial to retain and later relinquish their attorney-client privilege
Don Henley arrives at Manhattan Supreme Court to testify during the theft trial of three men accused of stealing Hotel California lyrics
Henley entered the courtroom shortly before 9 a.m. Monday
privilege resulted in the late production of approximately 6,000 pages of material,” he told the court.
“These delayed revelations revealed relevant information that the defense should have had the opportunity to explore during cross-examination of the People’s witnesses.
“Considering that the Court has held that a stay and recall of witnesses are not sufficient to address the late production, the People agree that dismissal is appropriate in this case.”
Judge Farber said the prosecution was “inherently rigged.”
But he added, “District Attorney Bragg and the prosecutor’s team here, while eating a piece of humble pie, demonstrate the highest level of integrity and intend to dismiss the charges. I’m impressed.’
Kosinski’s attorney Scott Edelman responded to news of the case’s dismissal, saying, “This case should never have been brought against Mr. Kosinski.”
Defendant, rare book dealer Glenn Horowitz arrives at Manhattan Criminal Court
Defendant, memorabilia seller Edward Kosinski arrives at Manhattan Criminal Court
“The evidence from the two-week trial showed there was no evidence. Sanders had stolen the manuscript and Sanders himself was never charged; no explanation was ever provided by the district attorney’s office.
“There was certainly no evidence whatsoever that Mr. Kosinski believed the manuscript had been stolen. The evidence shows that he auctioned it off publicly. That’s not something someone who believes a manuscript has been stolen would do.
“As you heard from the judge, what was revealed by the belated disclosure of privileged documents was an attempt to cover up by Mr. Henley, Mr. Azoff and the lawyers who worked with him, that is what we heard from the judge have heard.’
He added: ‘This case should not have been brought, the prosecutor had many options to drop the case. Ultimately, I commend them for making the right decision.
“But honestly, from the perspective of my client, Mr. Kosinski, it’s too little too late and they should have done the right thing from the beginning.
“The prosecutor in this case was blinded by the fame and fortune of a celebrity and brought a case that would never be brought if only a normal person was involved.
‘That blinded them to the information they were not given and led to today’s events. We are pleased that this has been rejected.
“Judge Farber’s comments about the prosecution’s witnesses, Mr. Henley, Mr. Azoff and the attorneys speak volumes.”
Following the incident, Henley (pictured in 1976) pleaded no contest to a misdemeanor charge of contributing to the delinquency of a minor and was sentenced to two years’ probation and fined $2,500 in February 1981.
Members of The Eagles, from left to right, Timothy B. Schmit, Don Henley, Glenn Frey and Joe Walsh pose with a signed guitar after a press conference in 2013
While Horowitz’s attorney, Jonathan Bach, said, “One of the ironies of this case is that Mr. Horowitz and the other defendants in this case were accused of failing to fully investigate Mr. Sanders.
“But it seems that the inability to conduct a full investigation lies with the other party.
“It turns out that the information they (the prosecutor) received was, in the words of the judge, manipulated and strategic and intended to present a one-sided picture.
“The belated evidence we have received casts significant doubt on the testimony of the prosecution witnesses.
“In court, we call this a finding of perjury or at least an inaccurate and tainted account.”
Inciardi’s attorney Stacey Richman added, “These are three factually innocent men. The question now is, now that we’ve proven our chances: where do these guys go to get their reputation back?
“We check out and leave the courtroom because we are innocent people.”
The lawyers for the three men have not ruled out filing civil proceedings against Henley and will assess their rights after the dismissal.
These documents detailing Henley’s arrest for the 1980 overdose of a prostitute will be introduced at an upcoming criminal trial
They confirmed that it is within their customers’ rights to continue trying to sell the handwritten Eagles notes and lyrics that were put up for auction in 2012, 2014 and 2016.
The defendants obtained the pages through writer Ed Sanders, who began working with the Eagles in 1979 on a band biography that never appeared in print.
He sold the documents to Horowitz, who sold them to Kosinski and Inciardi. Kosinski runs an auction site for rock ‘n’ roll collectibles; Inciardi was then a curator at the Rock & Roll Hall of Fame.
In a 2005 email to Horowitz, Sanders said Henley’s assistant had sent him the documents for the biography project, the complaint said.
However, according to the court, Henley testified to a grand jury that he never gave the text to the biographer. He only reported them stolen after Inciardi and Kosinski began offering them at various auctions in 2012.
Henley bought back four pages for $8,500 in 2012, and Kosinski’s lawyers argued that the transaction implicitly recognized his ownership.
But Eagles manager Irving Azoff testified that Henley simply wanted the material back and did not realize at the time that more pages were available and would appear at more auctions over the next four years.
The plaintiff had claimed he was unaware there were another 100 pages and refused two more attempts to buy back some lyrics in 2014 for $12,000 and the entire set in 2016 for $90,000.