The New York criminal case over handwritten Eagles lyric drafts ended on March 6, 2024, when prosecutors asked to dismiss it during trial. The immediate reason was the late disclosure of about 6,000 pages of communications involving Don Henley, his lawyers and associates. The dismissal ended the criminal prosecution of Glenn Horowitz, Craig Inciardi and Edward Kosinski; it did not decide who owned the lyric pages.
Why was the ‘Hotel California’ lyrics trial dismissed?
Don Henley waived attorney-client privilege during the trial, allowing previously withheld communications to be disclosed. About 6,000 pages were produced after prosecution witnesses had testified. Assistant District Attorney Aaron Ginandes told the court: “These delayed disclosures revealed relevant information that the defense should have had the opportunity to explore” when Henley and other prosecution witnesses testified late the previous month, according to the Associated Press.
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Prosecutors agreed that the defense should have had the chance to question witnesses about the material and moved to dismiss the case. Judge Curtis Farber also criticized how privilege and the investigation had been handled. He said “Witnesses and their lawyers” used attorney-client privilege “to obfuscate and hide information that they believed would be damaging.” That criticism was not a ruling on who owned the drafts.
What was the criminal case about?
The disputed lyric drafts
The case concerned roughly 100 pages of handwritten lyric drafts associated with the Eagles’ 1976 album Hotel California, including developmental lyrics to the title track and drafts of other songs. The indictment reproduced by Courthouse News Service describes 13 pages of developmental lyrics to “Hotel California.”
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- Hotel Californiais the fifth studio album by the American rock band Eagles, released on Asylumin late 1976. It is the first Eagles album without the appearance of their founding member Bernie Leadonand their first album with guitaris Joe Walsh.
The prosecution’s allegations
The indictment accused Inciardi and Kosinski of criminal possession of stolen property and alleged a conspiracy involving the pages. It also alleged contacts with auction houses about private sale and consignment. These were charging allegations, not findings of fact or proof of guilt.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What did Henley and the defense say about ownership?
Henley’s separate civil complaint alleged that he let writer Ed Sanders consult lyric materials while Sanders worked on a book about the Eagles, and that the materials remained Henley’s property. The complaint, filed June 28, 2024, is reproduced by Digital Music News.
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The defense position, as reported by the AP, was that the pages had been given to Sanders and later sold. The criminal dismissal did not resolve the competing accounts. Henley’s civil filing confirms that a separate ownership dispute was brought, but the available information does not establish its later procedural status or outcome.
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What the dismissal did—and did not—decide
- It ended the criminal prosecution: prosecutors moved to dismiss during trial on March 6, 2024, and the charges against Horowitz, Inciardi and Kosinski were cleared.
- It did not determine ownership: the dismissal was tied to the late disclosure and the defense’s lost opportunity to question witnesses about it, not a final civil judgment about the lyric pages.
- It did not turn the indictment into established fact: the allegations about possession, conspiracy and auction-house contacts remained allegations.
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