Intrigue and Drama Surrounds Unusual Trial Involving Eagles Manuscripts
Details emerge in the trial of three men accused of conspiracy and possession of stolen Eagles’ lyrics
NEW YORK — In a highly unusual criminal trial set to open Wednesday, rare-book dealer Glenn Horowitz, former Rock & Roll Hall of Fame curator Craig Inciardi, and memorabilia seller Edward Kosinski find themselves at the center of an intriguing legal battle. The three men are charged with conspiring to own and sell manuscripts of iconic rock band Eagles’ hits, including the legendary song “Hotel California,” without the legal rights to do so. The trial is expected to shed light on the band’s creative process and provide a glimpse into the enigmatic world of ’70s stardom.
A Long-Lost Tale:
In the mid-1970s, Eagles’ members Don Henley and Glenn Frey began crafting lyrics for what would become their magnum opus, “Hotel California.” Approximating lyrics sketched on a lined yellow pad, the song unfolded like a cryptic poem, exploring themes of a “dark desert highway,” a mysterious locale, and a luxurious veneer concealing ominous undertones. Juxtaposing luxurious imagery with a haunting mood, the Eagles birthed one of rock’s most indelible singles.
Fast forward nearly half a century, and these once-lyrical fragments are now at the center of a highly charged court case. Horowitz, Inciardi, and Kosinski have pleaded not guilty to their charges, insisting that the manuscripts were acquired legally through a writer who had previously collaborated with the Eagles. Nevertheless, the Manhattan district attorney’s office argues that the defendants deliberately obscured the disputed ownership of the documents, even though Henley previously declared that the pages had been stolen.
A Trial Unlike Any Other:
Volatile legal battles over valuable collectibles are certainly not unheard of, but the rarity of criminal trials like this one cannot be overstated. Typically resolved through private settlements, lawsuits, or agreements to return the items, these disputes rarely find their way into the courtroom.
This case, however, possesses its own distinct qualities. Notably, the prosecutors’ star witness, Don Henley, is expected to testify amidst their ongoing tour. The trial, conducted without a jury, offers an enticing glimpse into the creative processes of The Eagles during their heyday in the fast lane of the ’70s rock scene.
The trial revolves around more than 80 pages of draft lyrics from the Eagles’ breakthrough 1976 album, “Hotel California.” These pages include lyrics from the Grammy-winning title track, which features instantly recognizable riffs, celebrated solos, and a profound lyric, “You can check out any time you like, but you can never leave.” Henley expounded on the song’s premise by suggesting it delved into “the dark underbelly of the American dream.”
The trial’s outcome is anticipated to be impactful, considering the cultural resonance that this iconic track has maintained over the years. In the United States alone, “Hotel California” was streamed over 220 million times and received 136,000 radio spins last year. The album itself has sold a staggering 26 million copies across the nation, trailing only The Eagles’ greatest hits album and Michael Jackson’s “Thriller.”
A Complex Allegation:
Although the defendants are not charged with stealing the documents themselves, prosecutors are tasked with establishing that the pages were, in fact, stolen. The defense, however, contests this suggestion.
Central to the trial are the interactions between the Eagles and Ed Sanders, a writer who co-founded the counterculture rock band the Fugs during the 1960s. Sanders collaborated on an authorized Eagles biography in the late ‘70s and early ’80s, though the book was never published.
In 2005, Sanders sold the manuscripts to Glenn Horowitz, who subsequently sold them to Craig Inciardi and Edward Kosinski. Horowitz, well-versed in large transactions involving rare books and archives, had previously been involved in similar ownership disputes in the past, which were ultimately resolved. Inciardi, on the other hand, had curated noteworthy exhibitions for the Rock & Roll Hall of Fame during his tenure. Kosinski, a principal in Gotta Have It! Collectibles, gained notoriety for auctioning off personal possessions of various celebrities.
Conflicting Accounts:
The defendants, in collaboration with Ed Sanders, have offered various accounts regarding the manuscripts’ provenance, leading to considerable ambiguity. Accounts presented include finding the pages abandoned in a backstage dressing room, receiving them from a stage assistant, or amassing related material from different sources. On one occasion, Sanders even suggested he obtained the manuscripts from the late Glenn Frey.
Amidst these accounts, Horowitz raised the prospect of a uniform narrative, proposing that Frey’s account would “make this go away once and for all” in an email to Inciardi in 2017. Unfortunately, Frey’s passing the previous year dashed the chance of obtaining first-hand confirmation.
The lowering curtain of time, combined with the varying explanations, resulted in a web of confusion surrounding the ownership of the manuscripts. Kosinski, seeking to profit from the sale of the pages in 2012, sent explanations to Henley’s lawyer, and further ensured that auction houses such as Sotheby’s remained oblivious to Henley’s concerns.
The resulting controversy sparked significant legal wrangling, ultimately leading to Henley acquiring some of the draft lyrics from Gotta Have It! privately for $8,500 in 2012. Simultaneously, Henley began diligently filing police reports.
Defense attorneys contend that Henley opted to involve prosecutors instead of pursuing a civil suit, suggesting that his motivations may extend beyond the realm of legal redress.
The district attorney’s office, in cooperation with Henley’s legal team, worked closely throughout the case. However, the prosecutors dismiss implications of ulterior motives as “a conspiracy theory rather than a legal defense.” They clarified in court documents last year, “It is the defendants, not the prosecutors, who are on trial.”
As the trial unfolds in the coming days, it promises to offer a captivating narrative, blending intrigue, legal intricacies, and a glimpse into the private world of an iconic rock band. Whether justice will be fully served and the disputed ownership of the Eagles’ precious lyrics will be determined, lies in the hands of the court.
