The Eagles are said to have allowed writer Ed Sanders to access their archives when he began working on a biography for the band in the late ’70s. He later sold the notepad to Mr Horowitz for $50,000 (£39,609) in 2005.
Henley claimed that he never gave Sanders the lyrics, and the latter has not been charged in the case. Defence lawyers have suggested otherwise, however, and questioned Henley’s version of events.
“We believe that Mr Henley voluntarily provided the lyrics to Mr Sanders,” attorney Scott Edelman said in court last week.
The defendants have decided to forgo a jury, and Judge Curtis Farber will decide the verdict instead.
Inciardi was suspended from his role at the Rock & Roll Hall Of Fame following the accusations in 2022.
In a statement at the time (via Rolling Stone), The 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. These handwritten lyrics are an integral part of the legacy Don Henley has created over the course of his 50-plus-year career.”
Last month saw The Eagles announce two extra final UK shows to ‘The Long Goodbye’ Manchester farewell residency. You can find any remaining tickets here.