- By Bernd Debusmann Jr
- BBC News, Washington
Image source, Getty Images
The Eagles’ Don Henley had claimed a notepad containing Hotel California’s lyrics had been stolen before it was put up for sale in 2012.
Prosecutors have dropped a case against three men charged with conspiring to sell handwritten lyrics to the famed Eagles hit Hotel California.
A notepad containing the lyrics was allegedly stolen before the trio bought it, prosecutors said in February.
The three men – Glenn Horowitz, Craig Inciardi and Edward Kosinski – had pleaded not guilty to the charges in a New York court.
New evidence, however, called the case’s fairness into question.
Former Eagles member Don Henley had claimed a yellow-lined notepad with Hotel California and other Eagles lyrics was stolen before being put up for sale in 2012.
The notepad was sold to Mr Horowitz for $50,000 in 2005 by Ed Sanders, a writer who had worked on a biography of the Eagles in the late 1970s.
The band had reportedly allowed Mr Sanders to access their archives, which included lyrics-filled notepads. Mr Henley later told a grand jury that he never gave Mr Sanders the lyrics.
Mr Henley’s claims prompted an investigation by the Manhattan District Attorney’s office and charges of conspiracy to possess stolen property and other offences for the three men. None were charged with stealing the documents.
On Wednesday, Assistant District Attorney Aaron Ginandes told the judge in the trial that prosecutors would dismiss the case because of newly revealed emails that the defence lawyers said raised concerns about fairness.
The emails were uncovered after Mr Henley apparently waived attorney-client privilege last week after having already testified. In total, more than 6,000 pages of material emerged afterwards.
“These delayed disclosures revealed relevant information that the defence should have had the opportunity to explore in cross-examination of … witnesses,” Mr Ginandes wrote in court documents.
Judge Curtis Farber accused witnesses and their lawyers of using the attorney-client privilege to “obfuscate and hide information that they believed would be damaging.”
The dismissal is a blow to the Attorney General’s office, which began investigating the case years ago.
“We are glad the district attorney’s office finally made the right decision to drop this case,” Mr Horowitz’s attorney Jonathan Bach was quoted as saying by CBS, the BBC’s US partner. “It should never have been brought.”
An attorney for Mr Kosinski, Scott Edelman, said the decision was “too little and too late” and that they would examine potential legal action of their own.
The 1976 Hotel California album has sold 26 million copies nationwide, making it among the best-selling albums in US history.
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