In the mid-1970s, a legendary rock band, the Eagles, embarked on the creation of one of their most iconic songs, “Hotel California.” Don Henley, along with Glenn Frey, jotted down their thoughts on a yellow lined pad, crafting lyrics that would become etched in music history. Decades later, these precious pages have now become the focal point of an extraordinary criminal trial set to commence this week.
Glenn Horowitz, a rare-book dealer, former Rock & Roll Hall of Fame curator Craig Inciardi, and memorabilia seller Edward Kosinski are facing charges of conspiring to possess and attempt to sell manuscripts of the Eagles’ hits, including “Hotel California,” without the appropriate rights. While the defendants have pleaded not guilty, asserting that they acquired the documents legally from a writer associated with the band, the Manhattan district attorney’s office argues that they intentionally obscured the ownership of the disputed papers, despite Henley’s claim that they were stolen.
Criminal trials stemming from disputes over valuable collectibles are uncommon, as most conflicts are resolved through private negotiations, lawsuits, or agreements to return the items. Therefore, the legal proceedings surrounding the Eagles’ manuscripts are exceptional in multiple respects.
The trial’s highlight is expected to be the testimony of Don Henley himself, providing a unique glimpse into the band’s creative process and the whirlwind of ’70s stardom. The case revolves around more than 80 pages of draft lyrics from the groundbreaking 1976 album “Hotel California,” which includes the words to the chart-topping and Grammy-winning title track. Featuring one of classic rock’s most recognizable riffs and endlessly quoted lines, the song has maintained its popularity, with over 220 million streams and 136,000 radio spins in the U.S. alone last year.
Aside from “Hotel California,” the pages also contain lyrics from other Eagles’ songs like “Life in the Fast Lane” and “New Kid in Town.” The significance of these documents goes beyond their artistic value, as Eagles’ manager Irving Azoff describes them as “irreplaceable pieces of musical history.”
The charges once morest Horowitz, Inciardi, and Kosinski include conspiracy to possess stolen property and various other offenses. Although they are not accused of stealing the documents themselves, prosecutors must establish that the papers were indeed stolen. The defense maintains the contrary.
At the heart of this legal saga lies the interaction between Ed Sanders, a writer and co-founder of the counterculture rock band the Fugs, and the Eagles. Sanders, who worked on an authorized biography of the band that was never published, is not facing any charges in this case. Nevertheless, his involvement in the sale of the manuscripts to Horowitz, who subsequently sold them to Inciardi and Kosinski, forms a crucial element.
Glenn Horowitz has been previously involved in ownership disputes, including one concerning papers linked to “Gone With the Wind” author Margaret Mitchell, which was eventually resolved. Craig Inciardi, known for his work on notable exhibitions for the Rock Hall of Fame, and Edward Kosinski, a principal at Gotta Have It! Collectibles, are both figures well-acquainted with the world of valuable memorabilia.
The defense contends that Henley voluntarily provided the lyrics to Sanders, contradicting the musician’s claim that he had never given them to the biographer. Sanders allegedly received the pages from Henley’s Malibu home while working on the Eagles’ biography.
The conflicting explanations on the manuscripts’ provenance provide another layer to this complex case. Sanders offered varying stories, such as finding the pages in a backstage dressing room or receiving them from a stage assistant or other sources related to the Eagles. One account even suggested that Sanders obtained them from Glenn Frey. Throughout these exchanges, Horowitz pushed for a resolution that would validate the documents’ origin, proposing that Frey’s involvement would put the matter to rest. Unfortunately, Frey had passed away the year prior.
Kosinski forwarded one of the explanations, approved by Sanders, to Henley’s lawyer and assured Sotheby’s auction house that the musician had no claim to the documents. He asked to keep potential bidders unaware of Henley’s complaints. Consequently, Sotheby’s removed the “Hotel California” song lyrics from a 2016 auction following learning regarding the ownership dispute.
Henley, who purchased some draft lyrics privately from Gotta Have It! in 2012, also began filing police reports that same year. The defense raises questions regarding Henley’s motivations, suggesting that he sought the aid of the district attorney’s office rather than pursuing a civil suit himself.
The close collaboration between the district attorney’s office and Henley’s legal team has raised eyebrows, with defense lawyers highlighting exchanges indicating a certain level of familiarity and even a request for backstage passes to an Eagles show from an investigator, which was deemed inappropriate by a prosecutor.
While some question the motivations behind the prosecution’s involvement, labeling it a conspiracy theory, the focal point remains on the defendants who now find themselves on trial.
