Greetings to the Hotel California… the renewed New York indictment.
The case of three individuals charged with conspiring to possess the original handwritten lyrics for the popular Eagles song “Hotel California” has commenced, and the band’s manager of many years has shared the extensive journey to retrieve the lyrics – a journey that was even longer than the iconic guitar solos in the track.
Irving Azoff, the manager of the famous American rock band from the 1970s, testified in a Manhattan court on Wednesday that the band had attempted to retrieve about 100 pages of lyrics from their album “Hotel California”. These lyrics were allegedly stolen from band members Don Henley and Glenn Frey and were in possession of rock journalist Ed Sanders. Sanders had been hired by the band over 40 years ago to write a biography about them.
According to the court, Sanders had taken the famous handwritten lyrics, including the iconic phrase “you can check out any time you like but you can never leave”, from Henley’s storage barn in Malibu.
However, in a mysterious turn of events similar to elements found in the band’s most famous song, it is not Sanders who is being put on trial.
Glenn Horowitz, Edward Kosinski, and Craig Inciardi, who are all involved in the collecting and selling of rare books and memorabilia, are currently facing trial in front of a New York state supreme court judge. The charges against them include knowingly possessing and attempting to sell stolen lyrics written by Don Henley, a founding member of the Eagles, according to Manhattan district attorney Alvin Bragg. The trial is being held without a jury.
The individuals were apprehended for purportedly plotting to distribute the song lyrics without the band’s permission and are charged with trying to conceal the source of the documents.
The prosecution will aim to prove that the words were taken without permission, supposedly by Sanders, who is not facing charges. They will also outline the actions of the three accused individuals regarding the notebooks that were in their possession.
The court was informed that Sanders’ initial version of the Eagles’ “official biography” was turned down by the bandmates due to being deemed as “extremely unsatisfactory.” It was also revealed that the draft was never released.
The book caused a lengthy disagreement between Sanders and the band, as Sanders continuously requested additional payment beyond the $25,000 fee they had initially agreed upon. In a letter, Sanders expressed his frustration with the band’s wealth compared to his own modest lifestyle.
According to Azoff, the band paid Sanders $75,000 for his services, but they began to feel like they were being blackmailed when Sanders threatened to publish a story about the Eagles’ breakup in the 1980s. Azoff stated in court on Wednesday that they decided not to give in to Sanders’ demands.
The manager’s previous activities, which included renting a separate residence in Beverly Hills for Henley and Frey to work on their writing due to Henley’s disapproval of the empty beer cans and cigarette butts at Frey’s place, serves as a setting for the primary focus of the criminal complaint.
Attorneys representing three defendants claimed that their clients were unaware that the memorabilia may have been obtained illegally. “Sanders, a highly esteemed figure in the literary world, was the Eagles’ official biographer, so it’s no surprise they gave him access to documents,” stated Jonathan Bach, the defense lawyer for Horowitz.
Matthew Laroche, the attorney for Kosinski, contended that the case should not have been pursued as there is insufficient evidence. He plans to request for its dismissal after the prosecution presents their case. Stacey Richman, Inciardi’s attorney, also stated in court, “The prosecution has falsely accused three men of a crime that did not take place.”
If found guilty, Horowitz, Inciardi, and Kosinski could potentially receive a maximum sentence of four years in jail. However, all three have declared their innocence and pleaded not guilty to the accusations.
Henley, who is expected to testify on Monday, has said he discovered some of pages of lyrics were being sold online in 2012, purchased them himself for $8,500, and then filed a stolen goods report with the DA.
In 2022, the lawsuit was filed in New York following a raid on Kosinski’s New Jersey residence by investigators from the district attorney’s office in 2019. According to his defense team, they used aggressive tactics which were deemed unacceptable for this particular case.
Additional verses from the disputed legal notepads were put up for sale in a private auction at Sotheby’s in 2016. The auction house agreed to call off the sale, but did not give back the disputed items after learning about their unclear origin.
In court on Thursday, Prosecutor Nicholas Penfold alleged that Sanders had been instructed to state that the lyrics may have been left behind in a dressing room during a concert or were given to him by the late Frey in 2016.
Penfold stated that he would present proof to the court that Sanders, who sold the lyrics to Horowitz, wrote a letter to the dealer expressing concern that Henley may be displeased with the sales. The prosecutor argued that this raised questions about whether Sanders truly believed he had ownership of the lyrics and if Horowitz had ignored any warning signs.
Two years ago, Bragg filed a case stating that New York is a top destination for art and culture, and those involved in trading cultural artifacts must adhere to the law. The statement indirectly connected the prosecution of the lyrics to the office’s larger initiative to repatriate stolen antiquities to their rightful nations.
However, the lawyers representing the three individuals claim that pursuing this case is not justified, as it is being brought to court six years after authorities were made aware of the accusations. According to Kosinski’s legal team, the accusations pertain to actions that occurred almost half a century ago.
The case continues.
Source: theguardian.com
