Prosecutors on Wednesday abruptly dropped the charges against three men accused of stealing handwritten Eagles lyrics from Don Henley after the bandleader reportedly failed to disclose thousands of pages of evidence on time.
The news came to light after Henley waived his attorney-client privilege, thus granting prosecutors access to 6,000 pages of previously undisclosed materials, including emails between Henley, Eagles manager Irving Azoff and their legal team. Assistant District Attorney Aaron Ginandes wrote in a letter to the court that the defense should have had an opportunity to cross-examine the prosecution about these materials.
“It is now clear that both witnesses and their lawyers, two of which also shielded themselves from thorough and complete cross-examination by relying on Mr. Henley’s invocation, used the privilege to obfuscate and hide information that they believed would be damaging to their position that the lyric sheets were stolen,” Justice Curtis Farber said Wednesday, according to Rolling Stone. “This is a basic confrontation violation.”
Henley’s lawyer, Daniel M. Petrocelli, told the publication: “The attorney-client privilege is a foundational guardrail in our justice system, and rarely, if ever, should you have to forsake it to prosecute or defend a case. As the victim in this case, Mr. Henley has once again been victimized by this unjust outcome. He will pursue all his rights in the civil courts.”
READ MORE: Ranking All 22 Don Henley Eagles Songs From the ’70s
Who Was Charged in the Eagles Stolen Lyrics Case?
Three men — rare books collector Glenn Horowitz, former Roll & Roll Hall of Fame curator Craig Inciardi and rock auctioneer Edward Kosinski — were all named as defendants in the criminal case, which went to trial last month.
They were each charged with one count of conspiracy in the fourth degree, which carries a maximum sentence of four years in prison. Horowitz was separately charged with first-degree attempted criminal possession of stolen property, as well as two counts of hindering prosecution. Inciardi and Kosinski were also charged with first-degree counts of criminal possession.
All three men were accused of conspiring to sell nearly 100 pages of allegedly stolen Eagles lyrics and Henley’s handwritten notes from the Hotel California album, which were collectively valued at over $1 million. Henley testified three times in a Manhattan court last month, revealing that he bought back some of the pages in 2012 but declined to do so when more pages surfaced in 2014 and 2016.
“I’d already been extorted once,” Henley said during the first day of testimony. “I wasn’t going to do it again.”
The focus shifted several times to Henley’s drug use in the ’70s, as well as his conviction following a teen escort’s overdose at his home in 1980. Henley called the latter topic a “sideshow” and claimed that “sex, drugs and rock ‘n’ roll is not regulatory,” adding: “I was always lucid when I did business.”
Eagles Solo Albums Ranked
Here’s a look back at studio projects recorded away from the band.
Gallery Credit: Nick DeRiso
