Hotel California trial OVER as choose slams ‘deceptive’ Don Henley

A New York City choose has dramatically dismissed the felony case towards three males accused of stealing handwritten Hotel California lyrics by The Eagles – as he slammed Don Henley for ‘inherently deceptive’ witnesses.

Prosecutors claimed Glenn Horowitz, Craig Inciardi and Edward Kosinski tried to promote supplies value greater than $1million and lied to public sale homes, potential patrons and cops about how they obtained them between March 2012 and December 2016.

But the case at New York Supreme Court was dismissed on Wednesday following a trial which lasted every week and a half after 6,000 pages of latest proof contradicted the testimony of Henley and his legal professionals.

Supreme Court Justice Farber mentioned: ‘Mr. Henley and Mr. Azoff used the privilege to defend themselves from an intensive, full cross examination.

‘It is now clear that each witnesses and their legal professionals, two of which additionally shielded themselves from thorough cross examination, are counting on Mr. Henley’s implication use of privilege to obfuscate and conceal info that was believed to be damaging to their place that the lyric sheets have been stolen. This is a fundamental confrontation violation.’

DailyMail.com has contacted Henley’s representatives for remark.

Horowitz, Inciardi and Kosinski expressed large reduction because the case was dismissed they usually shared heat embraces with their households who have been overcome with tears.

Manhattan Assistant District Attorney Aaron Ginandes moved to dismiss the case towards the three males as a result of the ‘prosecution’s confidence within the deserves of this case’ was not sufficient.

‘The witnesses’ choice at trial to invoke, and later waive, their attorney-client

privilege resulted within the belated manufacturing of roughly 6,000 pages of fabric,’ he informed the court docket.

‘These delayed disclosures revealed related info that the protection ought to have had the chance to discover in cross-examination of the People’s witnesses.

‘Mindful that the Court has dominated that an adjournment and the recalling of witnesses usually are not ample to handle the belated manufacturing, the People concede that dismissal is acceptable on this case.’

Justice Farber mentioned the prosecution have been ‘inherently manipulated’.

But he added: ‘District Attorney Bragg and the prosecutorial crew right here, whereas consuming a slice of humble pie, are displaying the very best degree of integrity and shifting to dismiss the fees. I’m impressed.’

Kosinski’s protection lawyer Scott Edelman reacted to information of the case’s dismissal and mentioned: ‘This case by no means ought to have been introduced towards Mr Kosinski.

‘The proof over two weeks of trial established there was no proof. Sanders had stolen the manuscript and Sanders himself was by no means charged, no rationalization was ever supplied by the DA’s workplace.

‘There was definitely zero proof that Mr Kosinski believed the manuscript was stolen. The proof established he put it up for public public sale, that is not one thing anyone who believes a manuscript is stolen would do.

‘As you heard from the choose, what was revealed by the belated disclosure of privileged paperwork was an effort to obfuscate by Mr Henley, Mr Azoff and the legal professionals that have been working with him, that’s what we heard from the choose.’

He added: ‘This case shouldn’t have been introduced, the DA had many alternatives to drop the case. I commend them ultimately for making the appropriate choice.

‘But frankly from the attitude of my shopper, Mr Kosinski, it’s too little and too late and they need to have completed the appropriate factor from the start.

‘The DA on this case received blinded by the celebrity and the fortune of a star and introduced a case that will by no means be introduced if it was only a regular individual concerned.

‘That blinded them to the data that they weren’t being given and led to the occasions of as we speak. We are happy this has been dismissed.

‘Judge Farber’s feedback in regards to the prosecution witnesses, Mr Henley, Mr Azoff and the legal professionals speaks volumes.’

While Horowitz’s protection lawyer Jonathan Bach mentioned: ‘One of the ironies of this case is that Mr Horowitz and the opposite defendants on this case have been accused of not doing a full investigation of Mr Sanders.

‘But it seems that the failure to do a full investigation lies with the opposite aspect.

‘It seems the data they [the prosecution] have been getting, within the phrases of the choose, was manipulated, strategic and designed to current a one-sided view.

‘The belated proof we obtained forged nice doubt over the testimony elicited from the prosecution witnesses.

‘In court docket we check with it as establishing perjury or at the very least an inaccurate and tainted report.’

Inciardi’s protection lawyer Stacey Richman added: ‘These are three factually harmless males. The query now could be now we now have confirmed our openings, the place do these males go to get their status again?

‘We are testing and leaving the courtroom as a result of we’re harmless individuals.’

Lawyers for the three males haven’t dominated out bringing a civil go well with towards Henley and shall be assessing their rights following the dismissal.

They confirmed it’s inside their purchasers rights to proceed making an attempt to promote the handwritten Eagles notes and lyrics which have been put up for public sale in 2012, 2014 and 2016.

The defendants acquired the pages by way of author Ed Sanders, who started working with the Eagles in 1979 on a band biography that by no means made it into print.

He bought the paperwork to Horowitz, who bought them to Kosinski and Inciardi. Kosinski has a rock ‘n’ roll collectibles public sale website; Inciardi was then a curator on the Rock & Roll Hall of Fame.

In a 2005 electronic mail to Horowitz, Sanders mentioned Henley’s assistant had despatched him the paperwork for the biography challenge, in keeping with the indictment.

Henley, nevertheless, testified to a grand jury that he by no means gave the biographer the lyrics, in keeping with court docket filings. He solely reported them stolen after Inciardi and Kosinski started in 2012 to supply them at numerous auctions.

Henley purchased 4 pages again for $8,500 in 2012 and Kosinski’s legal professionals argued that the transaction implicitly acknowledged his possession.

But Eagles supervisor Irving Azoff testified that Henley simply needed the fabric again and did not understand, on the time, that extra pages have been on the market and would crop up at extra auctions over the subsequent 4 years.

The prosecution had claimed he was unaware there have been nonetheless one other 100 pages and declined two additional makes an attempt to buy some lyrics again for $12,000 in 2014 and the whole set for $90,000 in 2016.