Call it the long run of rock collectors’ trials — one that’s finally scheduled to begin this week after a lengthy delay.
In one of the most high-profile cases involving the world of music memorabilia, three men were arrested in July 2020, charged with attempting to sell pages of hand-written lyrics to songs from the Eagles’ 1976 album Hotel California (and allegedly lying about the origins of the ownership). The value of the documents was reported to be more than $1 million and included drafts of songs like the title track and “Life in the Fast Lane” from the band’s Don Henley.
After several delays — the trial was slated to start last fall — the case, a non-jury trial, is finally scheduled to commence in New York State Supreme Criminal Court on Wednesday.
The defendants all have connections to the collectors or art world. Glenn Horowitz is a dealer of high-end rare books and private archives of writers, including Norman Mailer and Tom Wolfe. Craig Inciardi is a curator at the Rock and Roll Hall of Fame (he was suspended after the arrest), and Edward Kosinski owns Gotta Have Rock and Roll, a memorabilia business in New Jersey. According to court papers, they were accused of trying to “possess, transport, store, and sell such manuscripts” and of “fabricating provenance for the lyric manuscripts and for all of the defendants to communicate such false provenance to third parties.”
The three men were each charged with one count of conspiracy in the fourth degree, which carries up to a four-year prison sentence. Horowitz was charged with first-degree attempted criminal possession of stolen property and two counts of hindering prosecution. Inciardi and Kosinski were also charged with first-degree counts of criminal possession.
All turned themselves in and, through their attorneys, denied the charges.
The origins of the case date back more than 40 years, when Ed Sanders — the author, poet, and founding member of the Fugs — was researching a biography of the Eagles and was given access to their archives, including the lyric notes. The book, which Sanders has said was 900 pages, was never published.
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Nearly 20 years ago, Sanders sold the notepads to Horowitz for $50,000. In 2012, Horowitz then sold the documents to Inciardi and Kosinski, who then reached out to auction houses Christie’s and Sotheby’s. Henley purchased a few of the lyrics for $8,500 in 2012 but later filed a stolen goods report with the Manhattan District Attorney’s office.
In May 2019, more than a dozen cops from the Manhattan District Attorney’s office raided Kosinski’s home in Franklin Lakes, New Jersey, followed by similar visits to the homes of Inciardi and Horowitz. All told, the agents left with 1300 pages of paperwork, USB drives, four Apple MacBooks, iPads, at least two iPhones, files with banking records, and the biggest prize of all: 84 pages of handwritten lyrics to songs on Hotel California.
At the time of the arrest, District Attorney Alvin Bragg said, “These defendants attempted to keep and sell these unique and valuable manuscripts, despite knowing they had no right to do so. They made up stories about the origin of the documents and their right to possess them so they could turn a profit.”
Lawyers for the defendants filed a motion in the fall of 2022, asking for a dismissal of the case on the grounds that the lyrics were not stolen: As Horowitz’s lawyer Jonathan Bach wrote at the time, Sanders “traveled with the band and obtained possession of voluminous materials, including handwritten drafts of Eagles’ lyrics. The Indictment nowhere alleges that Mr. Sanders stole or improperly obtained any materials.” The motion also cited statute-of-limitations (a result of Covid-related delays in criminal cases) as one of its arguments. The motion was denied, and the trial proceeded.
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At the time of the arrests, Eagles manager Irving Azoff said, “This action exposes the truth about music memorabilia sales of highly personal, stolen items hidden behind a facade of legitimacy. No one has the right to sell illegally obtained property or profit from the outright theft of irreplaceable pieces of musical history.”
But among the many questions that will hopefully be answered during the trial are why the case is a criminal (not civil) one, why Sanders was not charged, and the precise way in which Sanders obtained the lyrics as part of his research. The trial is expected to last at least 10 days.