Don Henley testified on Monday at a Manhattan courtroom in a felony case involving almost 100 pages of allegedly stolen Eagles lyrics from the Lodge California album. Among the most revealing early responses, nonetheless, handled a teen escort’s overdose at his residence in 1980.
Uncommon books collector Glenn Horowitz, former Rock & Roll & Roll Corridor of Fame curator Craig Inciardi and rock auctioneer Edward Kosinki have been charged with one rely of conspiracy within the fourth diploma, which might carry a most penalty of 4 years in jail. Horowitz is charged with first-degree tried felony possession of stolen property, in addition to two counts of hindering prosecution. Inciardi and Kosinski are additionally charged with first-degree counts of felony possession.
The paperwork in query, handwritten by Henley and valued at greater than $1 million, have been initially given to a author named Ed Sanders within the late ’70s as a part of analysis for a certified biography of the band. Longtime Eagles supervisor Irving Azoff testified on Feb. 21 that Sanders had entered right into a contract that permitted him to buy the e book to publishers, although the content material of the paperwork nonetheless legally belonged to the Eagles. The e book was by no means printed, and in 2005, Sanders bought 5 authorized pads of lyrics to Horowitz for $50,000. Horowitz then bought them to Inciardi and Kosinski for $65,000.
Henley turned conscious of the gross sales in 2012 after shopping for a number of pages of his personal lyrics again for $8,500. He then filed a police report for stolen property.
In 2016, Inciardi approached a Christie’s auctioneer with 13 pages of lyrics, valued at $700,000, purportedly with the intent to have the public sale home handle the sale. However after studying of the papers’ questionable sale historical past, Christie’s known as off the deal.
Of their opening statements, the prosecution argued that the three males knowingly dealt with the pages as “felony actors” with the intent to “frustrate Henley’s simply efforts to get better his stolen property and to forestall authorized accountability.” The protection is arguing that Sanders has by no means been charged with against the law and so Horowitz, Inciardi and Kosinski have been unaware their buy was something apart from authorized – or that the aforementioned contract existed.
Henley appeared in courtroom on Monday, initially answering fundamental questions in regards to the historical past of the Eagles and their formation. Then Assistant District Lawyer Aaron Ginandes started asking Henley a couple of prior felony conviction involving a teenage intercourse employee.
“I wished to flee the despair I used to be in,” Henley stated, following the Eagles breakup in 1980, “so I made a mistake.” He went on to explain a night wherein he known as for a intercourse employee whom he believed to be of age on the time of their interplay.
Henley stated no sexual contact came about, although the pair did cocaine collectively. After they each fell asleep, Henley testified that he awoke to seek out the woman having what seemed to be a seizure. He known as for medical help. They reportedly attended to the woman and located her to be secure, after which allowed her to remain at Henley’s residence. Hours later, the police arrived on the home and arrested Henley, the teenager escort and one other teenage pal who had arrived to present her a experience residence.
The escort was 16 years previous; her pal was 15. Henley pled responsible to a misdemeanor cost of contributing to the delinquency of a minor, and was sentenced to probation plus a $2,500 superb. “I made a poor choice that I remorse to at the present time,” Henley added.
Henley was then requested to explain his writing course of with Glenn Frey within the Eagles. He additionally reviewed an employment contract for the Eagles, which was signed by each Frey and Henley within the mid-’70s. “My understanding was that I owned my very own songs,” Henley stated after reviewing the doc in courtroom.
Ginandes then turned to the authorized pads on the coronary heart of the case. Henley testified that for a few years, he has saved a wide range of Eagles-related materials at his property he known as “The Barn” in Malibu, California. He famous that he has obtained a number of requests through the years for his objects to be displayed, together with the Rock & Roll Corridor of Fame. He stated he’d loaned some artifacts to them, however not the authorized pads with lyrics.
“These have been issues that no one is meant to see,” Henley stated, describing the pads as “personal and private.” He added that if he was requested to share these pages at the moment, he wouldn’t achieve this.
Henley recounted how he got here to know Sanders by way of Frey, who had met the author a number of years prior whereas he was in Los Angeles conducting analysis for a e book on the Manson household. He testified that it had been Frey’s concept for Sanders to jot down a e book on the Eagles, however that he “did not assume it was an awesome” given Sanders’ “colourful historical past.”
Henley went on to say that Frey had been advised by Sanders that the Manson household was on the lookout for him with the intent to hurt him. Frey allowed Sanders to remain at his home, however Henley stated Sanders insisted they keep up all night time in shifts with a pistol anticipating the Mansons. “[I] thought that was just a little wild,” Henley defined.
However, as Henley testified, “Glenn was the boss, so to talk. … In my thoughts, he had the ultimate say. Because the band was in a state of degradation, I used to be attempting to maintain him blissful.”
The contract between Sanders and the Eagles was reviewed by Henley on the time. Later, when Sanders despatched the band roughly 100 pages of his preliminary manuscript, Henley described being “dissatisfied” with it, feeling that the fabric was “cartoonish” and did not precisely replicate the work ethic of the band. “You realize, I used to be an English main,” he stated, “so I believe I do know good writing after I see it.”
Given his disappointment, Henley testified that he determined to grant Sanders entry to the Barn in order that he may evaluation the authorized pads himself, however stated that he advised Sanders to not take away them from the property. “I used to be determined to make the e book higher,” he defined, “so I gave him entry.”
Within the many years that adopted, Henley testified that contacted his attorneys every time he found that his lyric pages have been being bought on public sale websites, and he realized that they could possibly be traced again to Sanders. In every case, Henley had a police report filed and despatched a letter demanding the pages be returned. Additionally in every case, Henley was given the chance to purchase again the pages ($8,500 in 2012, $12,000 in 2014 and $90,000 in 2016).
When requested why he selected solely to purchase the pages in 2012 and never the opposite years, he replied that his preliminary buy was “a bitter tablet to swallow. … I used to be shopping for my very own property again.” Then in 2014 and 2016, Henley refused the provides. “I might already been extorted as soon as,” he stated. “I wasn’t going to do it once more.”
Protection legal professional Jonathan Bach then rose to cross-examine Henley, asking if he may recall whether or not or not he’d given Sanders express permission to take the authorized pads off the property. “I’d have by no means allowed him to take away them from Los Angeles,” Henley stated, although he couldn’t recall his precise dialog with Sanders.
“Reminiscence is just not a set factor,” Henley continued. “I am unable to inform you what I had for breakfast final Friday, however I can inform you [the Eagles] performed Wembley Stadium in the summertime of ’75 opening for Elton John and the Seashore Boys.”
The protection argued that Henley filed his police stories based mostly on “the boldness of [his] reminiscence,” and that he preemptively accused Sanders of theft. Bach then tried to nail down a precise timeline for when Henley permitted Sanders to entry the fabric and to what extent. A telephone name between Henley and Sanders from the summer time of 1980 was performed out loud for the courtroom, wherein Henley talked about discovering “previous lyric pads” and Sanders expressing curiosity in utilizing them for the e book. “I’ve received numerous that shit,” Henley stated on the tape.
Bach questioned Henley a couple of go to Sanders paid to Henley’s property in early August 1980, although Henley testified that he didn’t recall viewing any artifacts with Sanders throughout that go to. The protection introduced a number of items of proof 1980 indicating that Henley willingly despatched supplies to Sanders at his residence in Woodstock, New York, together with one other taped telephone name from September 1980 wherein Henley said he would ship pads to Sanders, in addition to the unique label of a transport field addressed to Sanders that the protection stated was a 21 pound field of fabric.
Henley claimed he had no particular person recollection of both approving the transport of the field or the September telephone name. “We’re cherry choosing these tapes is what we’re doing,” an exasperated Henley stated on the stand. He did, nonetheless, concede that the “entry” he granted Sanders initially may probably have included mailing some artifacts to Sanders, which, the protection argued, would imply Sanders did not steal them from Henley’s property.
Different items of proof displayed in courtroom included a duplicate of Sanders’ e book manuscript, which contained handwritten edit marks from Henley and reproduced photos of lyric pads. Additionally they launched a letter from Henley to Sanders dated Jan. 12, 1983, wherein he wrote: “The e book flows very nicely and may be very humorous till the top…nonetheless I believe the e book has advantage and ought to be printed.” One other letter from June 1, 1984 was signed by Azoff and despatched to Sanders, notifying him that he had permission to buy the manuscript to different publishers after initially being denied, however Henley as soon as once more testified that he was underneath the impression the Eagles nonetheless retained the best to veto the publishing of the e book if desired, and questioned whether or not the manuscript proven to him in courtroom was the ultimate model. (Bach additionally argued that Henley didn’t point out the contract between Sanders and the band when he spoke together with his attorneys in regards to the lyric pages in 2012.)
Henley is predicted to return to the witness stand on Tuesday for extra cross examination.
It is a creating story.
Eagles Albums Ranked
The Eagles have been rightly praised for his or her canny combining of Glenn Frey’s city-slicker R&B with Don Henley’s country-fried rockabilly. However which LP goes this distance?
Gallery Credit score: Nick DeRiso