Charges Unexpectedly Dropped in 'Hotel California' Theft Trial

Members of The Eagles, from left, Timothy B. Schmit, Don Henley, Glenn Frey and Joe Walsh pose with an autographed guitar after a news conference at the Sundance Film Festival, Jan. 19, 2013, in Park City, Utah. (Photo by Chris Pizzello/Invision/AP, File)
Members of The Eagles, from left, Timothy B. Schmit, Don Henley, Glenn Frey and Joe Walsh pose with an autographed guitar after a news conference at the Sundance Film Festival, Jan. 19, 2013, in Park City, Utah. (Photo by Chris Pizzello/Invision/AP, File)
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Charges Unexpectedly Dropped in 'Hotel California' Theft Trial

Members of The Eagles, from left, Timothy B. Schmit, Don Henley, Glenn Frey and Joe Walsh pose with an autographed guitar after a news conference at the Sundance Film Festival, Jan. 19, 2013, in Park City, Utah. (Photo by Chris Pizzello/Invision/AP, File)
Members of The Eagles, from left, Timothy B. Schmit, Don Henley, Glenn Frey and Joe Walsh pose with an autographed guitar after a news conference at the Sundance Film Festival, Jan. 19, 2013, in Park City, Utah. (Photo by Chris Pizzello/Invision/AP, File)

Prosecutors unexpectedly dropped charges Wednesday against three antique collectors accused of handling stolen lyrics for 1970s hit "Hotel California" and other tracks by rock group the Eagles.

The trial began in New York in February with veteran frontman Don Henley as a key witness and was centered on handwritten, draft lyrics allegedly stolen from the band in the 1970s.

However, closing the case on Wednesday morning, a judge said that a new 6,000-page cache of emails -- previously not disclosed to the court -- cast doubt over the prosecution.

Judge Curtis Farber said Henley and former Eagles manager Irving Azoff had used legal privilege to "shield themselves from a thorough and complete cross-examination" during the trial.

"It is now clear that both witnesses and their lawyers (...) used the privilege to obfuscate and hide information that they believed would be damaging to their position that the lyric sheets were stolen," he said.

The three defendants, Craig Inciardi, Glenn Horowitz, and Edward Kosinski, had been charged with criminal possession of stolen goods, which they denied, according to AFP.

The allegations dated back to the late 1970s, when an author hired by the Eagles to write its biography was entrusted with around 100 pages of the band's notes, which he never returned.

Henley claimed this was theft, though the biographer did not face any criminal charges.

According to prosecutors, the author eventually sold the pages in 2005 to Horowitz, a rare book dealer, who in turn sold them to collectors Inciardi and Kosinski.

Henley said he became aware of the alleged theft in 2012 when he saw some of the notes being auctioned online for $8,500, which he bought as a way of "buying my property back".

Other pages surfaced at auctions over the following years, including a batch of thirteen pages handwritten for the song "Hotel California".

The Eagles are widely considered one of the most successful rock groups of all time. Their 1976 album "Hotel California", which featured the hit track of the same name, is the third-best selling album in the US.



Orca that Carried her Dead Calf for Weeks in 2018 is Doing so Once Again

In this photo provided by NOAA Fisheries, the orca known as J35 (Tahlequah) carries the carcass of her dead calf in the waters of Puget Sound off West Seattle, Wash., on Wednesday, Jan. 1, 2025. (Candice Emmons/NOAA Fisheries via AP)
In this photo provided by NOAA Fisheries, the orca known as J35 (Tahlequah) carries the carcass of her dead calf in the waters of Puget Sound off West Seattle, Wash., on Wednesday, Jan. 1, 2025. (Candice Emmons/NOAA Fisheries via AP)
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Orca that Carried her Dead Calf for Weeks in 2018 is Doing so Once Again

In this photo provided by NOAA Fisheries, the orca known as J35 (Tahlequah) carries the carcass of her dead calf in the waters of Puget Sound off West Seattle, Wash., on Wednesday, Jan. 1, 2025. (Candice Emmons/NOAA Fisheries via AP)
In this photo provided by NOAA Fisheries, the orca known as J35 (Tahlequah) carries the carcass of her dead calf in the waters of Puget Sound off West Seattle, Wash., on Wednesday, Jan. 1, 2025. (Candice Emmons/NOAA Fisheries via AP)

An endangered Pacific Northwest orca that made global headlines in 2018 for carrying her dead calf for over two weeks is doing so once again following the death of her new calf, in another sign of grief over lost offspring, researchers said.
The mother orca, known as Tahlequah or J35, has been seen carrying the body of the deceased female calf since Wednesday, the Washington state-based Center for Whale Research said in a Facebook post.
“The entire team at the Center for Whale Research is deeply saddened by this news and we will continue to provide updates when we can,” The Associated Press quoted the post as saying.
In 2018, researchers observed J35 pushing her dead calf along for 17 days, propping it up for more than 1,000 miles (1,600 kilometers). The calf had died shortly after it was born, and the mother and her closely knit pod of whales were seen taking turns carrying the dead body.
The research center said roughly two weeks ago that it had been made aware of the new calf. But on Christmas Eve, it said it was concerned about the calf's health based on its behavior and that of its mother.
By New Year’s Day, officials with the National Oceanic and Atmospheric Administration were able to confirm that J35 was carrying her calf’s dead body, said Brad Hanson, a research scientist with the federal agency.
Hanson, who was able to observe her behavior from a boat on Wednesday, said J35 was draping the dead calf across her snout or on top of her head, and that she appeared to dive for it when it sank from the surface. He said the calf was only alive for a "handful of days.”
“I think it’s fair to say that she is grieving or mourning,” Joe Gaydos, science director of SeaDoc at the University of California, Davis, said of J35. Similar behavior can also be seen in other socially cohesive animals with relatively long life spans, such as primates and dolphins, he added.
Calf mortality is high: Only about 1 in 5 orca pregnancies result in a calf that lives to its first birthday, according to the Center for Whale Research. The center's research director, Michael Weiss, estimated that only 50% of orca calves survive their first year.
The center described the death of J35's calf as particularly devastating — not only because she could have eventually grown to give birth and bolster the struggling population, but because J35 has now lost two out of four documented calves.
The population of southern resident killer whales — three pods of fish-eating orcas that frequent the waters between Washington state and British Columbia — has struggled for decades, with only 73 remaining. They must contend with a dearth of their preferred prey, Chinook salmon, as well as pollution and vessel noise, which hinders their hunting. Researchers have warned they are on the brink of extinction.
Other southern resident orcas have been observed carrying dead calves, Weiss said, “but certainly not for as long as J35 carried her calf in 2018.”
There was some good news for the J pod, however: another new calf, J62, was observed alive by officials and scientists.
Southern resident orcas are endangered, and distinct from other killer whales because they eat salmon rather than marine mammals. Individual whales are identified by unique markings or variations in their fin shapes, and each whale is given a number and name.
Traveling together in matrilineal groups, the orcas at times can be seen breaching around Puget Sound, even against the backdrop of the downtown Seattle skyline.