California
Welcome to the 'Hotel California' case: The trial over handwritten lyrics to an Eagles classic
NEW YORK (AP) — In the mid-1970s, the Eagles were working on a spooky, cryptic new song.
On a lined yellow pad, Don Henley, with input from band co-founder Glenn Frey, jotted thoughts about “a dark desert highway” and “a lovely place” with a luxurious surface and ominous undertones. And something on ice, perhaps caviar or Taittinger — or pink Champagne?
The song, “Hotel California,” became one of rock’s most indelible singles. And nearly a half-century later, those handwritten pages of lyrics-in-the-making have become the center of an unusual criminal trial set to open Wednesday.
Rare-book dealer Glenn Horowitz, former Rock & Roll Hall of Fame curator Craig Inciardi and memorabilia seller Edward Kosinski are charged with conspiring to own and try to sell manuscripts of “Hotel California” and other Eagles hits without the right to do so.
The three have pleaded not guilty, and their lawyers have said the men committed no crime with the papers, which they acquired via a writer who’d worked with the Eagles. But the Manhattan district attorney’s office says the defendants connived to obscure the documents’ disputed ownership, despite knowing that Henley said the pages were stolen.
Clashes over valuable collectibles abound, but criminal trials like this are rare. Many fights are resolved in private, in lawsuits or with agreements to return the items.
“If you can avoid a prosecution by handing over the thing, most people just hand it over,” said Travis McDade, a University of Illinois law professor who studies rare document disputes.
Of course, the case of the Eagles manuscripts is distinctive in other ways, too.
The prosecutors’ star witness is indeed that: Henley is expected to testify between Eagles tour stops. The non-jury trial could offer a peek into the band’s creative process and life in the fast lane of ‘70s stardom.
At issue are over 80 pages of draft lyrics from the blockbuster 1976 “Hotel California” album, including words to the chart-topping, Grammy-winning title cut. It features one of classic rock’s most recognizable riffs, best-known solos and most oft-quoted — arguably overquoted — lines: “You can check out any time you like, but you can never leave.”
Henley has said the song is about “the dark underbelly of the American dream.”
It still was streamed over 220 million times and got 136,000 radio spins last year in the U.S. alone, according to the entertainment data company Luminate. The “Hotel California” album has sold 26 million copies nationwide over the years, bested only by an Eagles’ greatest hits disc and Michael Jackson’s “Thriller.”
The pages also include lyrics from songs including “Life in the Fast Lane” and “New Kid in Town.” Eagles manager Irving Azoff has called the documents “irreplaceable pieces of musical history.”
Horowitz, Inciardi and Kosinki are charged with conspiracy to possess stolen property and various other offenses.
They’re not charged with actually stealing documents. Nor is anyone else, but prosecutors will still have to establish that the documents were stolen. The defense maintains that’s not true.
Much turns on the Eagles’ interactions with Ed Sanders, a writer who also co-founded the 1960s counterculture rock band the Fugs. He worked in the late ‘70s and early ’80s on an authorized Eagles biography that was never published.
Sanders isn’t charged in the case. A phone message seeking comment was left for him.
He sold the pages to Horowitz, who then sold them to Inciardi and Kosinski.
Horowitz has handled huge rare book and archive deals, and he’s been entangled in some ownership spats before. One involved papers linked to “Gone With the Wind″ author Margaret Mitchell. It was settled.
Inciardi worked on notable exhibitions for the Cleveland-based Rock Hall of Fame. Kosinski has been a principal in Gotta Have It! Collectibles, known for auctioning celebrities’ personal possessions — so personal that Madonna unsuccessfully sued to try to stop a sale that included her latex briefs.
Henley told a grand jury he never gave the biographer the lyrics, according to court filings from Kosinski’s lawyers. But defense lawyers have signaled that they plan to probe Henley’s memory of the time.
“We believe that Mr. Henley voluntarily provided the lyrics to Mr. Sanders,” attorney Scott Edelman said in court last week.
Sanders told Horowitz in 2005 that while working on the Eagles book, he was sent whatever papers he wanted from Henley’s home in Malibu, California, according to the indictment.
Then Kosinski’s business offered some pages at auction in 2012. Henley’s attorneys came knocking. And Horowitz, Inciardi and Sanders, in varying combinations, began batting around alternate versions of the manuscripts’ provenance, the indictment says.
In one story, Sanders found the pages discarded in a backstage dressing room. In others, he got them from a stage assistant or while amassing “a lot of material related to the Eagles from different people.” In yet another, he obtained them from Frey — an account that “would make this go away once and for all,” Horowitz suggested in 2017. Frey had died the year before.
“He merely needs gentle handling and reassurance that he’s not going to the can,” Horowitz emailed Inciardi during a 2012 exchange about getting Sanders’ “‘explanation’ shaped into a communication” to auctioneers, the indictment says.
Sanders supplied or signed off on some of the varying explanations, according to the indictment, and it’s unclear what he may have conveyed verbally. But he apparently rejected at least the dressing-room tale.
Kosinki forwarded one explanation, approved by Sanders, to Henley’s lawyer. Kosinski also assured Sotheby’s auction house that the musician had “no claim” to the documents and asked to keep potential bidders in the dark about Henley’s complaints, the indictment says.
Sotheby’s listed the “Hotel California” song lyrics in a 2016 auction but withdrew them after learning the ownership was in question. Sotheby’s isn’t charged in the case and declined to comment.
Henley bought some draft lyrics privately from Gotta Have It! for $8,500 in 2012, when he also began filing police reports, according to court filings.
Defense lawyers claim Henley found starstruck prosecutors to take up his cause instead of pursuing a civil suit himself.
The DA’s office worked closely with Henley’s legal team, and an investigator even yearned for backstage passes for an Eagles show — until a prosecutor said the idea was “completely inappropriate,” Kosinki’s lawyers said in court papers.
Prosecutors have rebuffed questions about their motivations as “a conspiracy theory rather than a legal defense.”
Last year, they wrote in court papers, “It is the defendants, not the prosecutors, who are on trial.”
California
Southern California forecast: Sunshine and summer-like temps expected all week
LOS ANGELES – It may be too warm to wear your favorite holiday sweater this week.
Amid the holiday season, Southern California will experience summer-like weather, with warm and dry conditions expected to last through Wednesday.
What we know:
The region will experience above-average temperatures as high pressure builds in Southern California.
Inland communities can expect highs around 81 degrees, while coastal areas will enjoy sunny skies with temperatures reaching 72 degrees. The warmest spots, such as in the Inland Empire, may see temperatures as high as 87 degrees. Meanwhile, the Pacific Northwest is experiencing heavy rainfall due to an atmospheric river, which is deflecting storms away from Southern California.
Timeline:
Monday and Tuesday:
- Summer-like weather with warm and dry conditions.
- Morning patchy fog followed by afternoon sunshine.
- Inland temperatures around 81 degrees; coastal areas at 72 degrees.
Through Wednesday:
- Continuation of warm and dry weather.
- High pressure maintains above-normal temperatures.
Weekend:
- Gradual decrease in temperatures.
- Shift from offshore to onshore winds.
- Inland temperatures may reach up to 87 degrees before cooling.
What’s next:
By the weekend, a shift from offshore to onshore winds will help bring temperatures down slightly. In addition, no rain is anticipated in the next seven days.
The Source: This story was written with information provided by the National Weather Service and FOX 11’s Weather Team.
California
Comic shop burglary in Southern California puts cat rescue at risk
Cats & Comics Rescue, a downtown Upland shop that relies on the sale of comic books and collectibles to support the care of dozens of rescue cats, is recovering from a break-in that occurred early Friday morning. Surveillance footage shows a suspect shattering the front entrance around 5 a.m. and heading directly for the store’s display cases, taking rare comic books, Pokémon cards and other items before fleeing.
Jeremy Guerra, the shop’s owner, said the financial loss is substantial. While the full scope of the theft is still being assessed, he estimated that the value of stolen comics alone exceeds $5,000. The impact, he said, extends beyond merchandise. The sales of those items help fund the rescue operation located within the same space, covering medical care, food and other essentials for cats awaiting adoption. The shop is currently caring for 22 cats.
“The reason why we do cats and comics is because the cat rescue doesn’t survive alone,” Guerra said. “This is the big part, it’s the comics and card sales, that’s what keeps us alive.”
The shop allows visitors to spend time with the animals for a $5 fee, and all cats are available for adoption at an additional cost that includes vaccinations, spay or neuter services and deworming. The space doubles as a comic store and an animal sanctuary, offering a space where customers can both browse and connect with the cats waiting to be adopted.
After news of the break-in spread, community members began offering support. A mother and daughter arrived with donations of cat food and cash, contributions Guerra described as deeply moving. “When people bring in donations, it does get me teary-eyed, for sure,” he said.
Despite the setback, Guerra said the community’s response has affirmed the shop’s mission. Those who wish to contribute can donate online or provide items such as cat food.
Cats & Comics Rescue remains open daily at 136 E. 9th St. from 10 a.m. to 9 p.m. Information about supporting the rescue or adopting a cat is available through the shop’s official website.
Jillian Smukler’s reporting contributed to this article.
California
Warning against mushroom foraging in California after fatal poisoning
Officials in California are urging people not to forage for wild mushrooms after a rise in poisoning cases caused at least one death.
The California Poison Control System has identified 21 cases of amatoxin poisoning clustered in northern California, likely resulting from death cap mushrooms, the state’s department of public health said.
The poisoning resulted in severe liver damage in several people, including children, and at least one of the patients may need a liver transplant, the department said.
Death cap mushrooms can easily be mistaken for safe, edible mushrooms because of their similar taste, smell, and appearance.
The confirmed cases happened between mid-November and early December, a rainy season in the region that creates ideal conditions for the deadly variety to grow, mostly near oaks and hardwood trees like pine trees, the California Department of Public Health (CDPH) said.
Though the cases are mostly in the Monterey and San Francisco Bay area of Northern California, the risk is statewide, the department warned.
“Death cap mushrooms contain potentially deadly toxins that can lead to liver failure,” Dr Erica Pan, CDPH Director and State Public Health Officer, said in a statement. “Because the death cap can easily be mistaken for edible safe mushrooms, we advise the public not to forage for wild mushrooms at all during this high-risk season.”
The death cap mushroom is never safe to eat, even if it is boiled, dried, frozen or cooked.
Eating the deadly mushrooms can cause watery diarrhoea, nausea, vomiting, abdominal pain and dehydration within six to 24 hours – and although symptoms may initially wane, severe or fatal liver damage can still occur up to eight days later.
“Only people with extensive training and experience should eat wild mushrooms that they have picked themselves,” Dr Edward Moreno, County of Monterey Health Officer, said in a statement.
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