1 00:00:00,080 --> 00:00:04,919 But there is a drama in the music world. Is there never not drama 2 00:00:05,000 --> 00:00:07,559 in the music world? Well, you know there are certain It's funny if 3 00:00:07,639 --> 00:00:10,519 I were to I didn't even know about this until he brought it to my 4 00:00:10,560 --> 00:00:16,399 attention this morning. But if I were to say to you, who are 5 00:00:16,399 --> 00:00:18,519 some of the bands off the top of your head, who are some of 6 00:00:18,559 --> 00:00:22,839 the bands if I if I mentioned if I say the word drama, who 7 00:00:22,839 --> 00:00:28,280 are some of the the legendary bands that have had the most drama happen within 8 00:00:28,399 --> 00:00:32,000 them? Kiss? Okay, kiss comes to mind, right, yep, 9 00:00:32,520 --> 00:00:36,439 yep. And I mentioned Fleetwood Mac a few moments ago. Yeah, yep, 10 00:00:36,560 --> 00:00:39,119 yep, yep. That's another good one. And of course has another 11 00:00:39,159 --> 00:00:43,159 band that has had Motley Oh, lots of drama there yet. We've talked 12 00:00:43,159 --> 00:00:46,320 about that on the show. Lots of drama there. There's a whole book 13 00:00:46,439 --> 00:00:52,640 about it called The Dirt about all the Motley Crue drama. Metallica some drama 14 00:00:52,679 --> 00:00:57,439 there. They have a great documentary which Eric reviewed out Journey one week on 15 00:00:57,479 --> 00:01:02,359 the show that uh, some kind of monster about Metallica. Journey. Yep, 16 00:01:02,399 --> 00:01:03,879 they've had some legal drive. I don't even think they talked about last 17 00:01:03,879 --> 00:01:07,879 couple. I know they share the stage, but don't actually speak to each 18 00:01:07,879 --> 00:01:11,200 other. Jonathan Kane. I think they talked about their lawyers or something bizarre 19 00:01:11,280 --> 00:01:14,120 like that. Jonathan Kane and Neil Sean. Yeah, I don't think they 20 00:01:14,159 --> 00:01:19,000 actually speak to each other. They just the play, which I've always thought 21 00:01:19,040 --> 00:01:21,359 that that's gonna be so weird, like being in a band with someone and 22 00:01:21,400 --> 00:01:26,079 not even speaking to them. I remember seeing a documentary once about the Beach 23 00:01:26,120 --> 00:01:30,519 Boys, and there was a period where the band had essentially split, and 24 00:01:30,560 --> 00:01:34,120 this was like at their commercial peak, the band had essentially split into two 25 00:01:34,159 --> 00:01:38,799 factions. One was the Mike Love faction and the other was the Brian Wilson 26 00:01:38,840 --> 00:01:44,640 faction. And they would actually enter the stage from opposite sides because they didn't 27 00:01:44,640 --> 00:01:47,000 want to. Like, how does a band even function that way? It's 28 00:01:47,000 --> 00:01:49,920 always been fascinating to me, like how do you how do you write a 29 00:01:49,959 --> 00:01:52,879 set list? Maybe you have one person who's in charge of writing a set 30 00:01:52,920 --> 00:01:55,280 list. You can't all have input. If you can't even have a conversation, 31 00:01:55,400 --> 00:01:57,840 go through the lawyers, you know, they just pass it around and 32 00:01:57,920 --> 00:02:01,319 agree to know, we're not going to do this after that, or maybe 33 00:02:01,359 --> 00:02:06,200 the two. All of those dramas, though, are within bands that we've 34 00:02:06,200 --> 00:02:09,000 brought up. This is not a drama within the band, well there is, 35 00:02:09,479 --> 00:02:15,439 so of course we're talking about the Eagles, and the Eagles so much 36 00:02:15,560 --> 00:02:19,439 drama historically in that band that when they did their reunion in the mid nineties 37 00:02:19,479 --> 00:02:23,039 they called it Hell Freeze Is Over. I think it was ninety four and 38 00:02:23,080 --> 00:02:24,599 they did the Health Freezes Over tour, and then of course that wasn't the 39 00:02:24,639 --> 00:02:29,960 end of the drama. There ended up being more drama with Don Felder getting 40 00:02:30,039 --> 00:02:34,960 fired from the band and so forth, so it never truly ends. Also, 41 00:02:35,120 --> 00:02:39,080 some intense personalities and Don Henley, about whom this latest but of drama 42 00:02:39,080 --> 00:02:44,599 seems to center around, known for having a particularly intense personality. By the 43 00:02:44,639 --> 00:02:49,319 way, are you an Eagles fan, because Eagles I always did like the 44 00:02:49,360 --> 00:02:53,759 Eagles, Me too. But they're one of those bands that people who don't 45 00:02:53,840 --> 00:02:55,639 like, well, they're kind of like Kiss in this sense, you know 46 00:02:55,719 --> 00:02:59,879 how, you know how with Kiss, like people who don't like Kiss really 47 00:03:00,080 --> 00:03:02,479 don't like Kiss, like really hate them. Like. I've never met anyone 48 00:03:02,520 --> 00:03:07,560 who simply doesn't like Kiss, they like, like, I've only met people 49 00:03:07,560 --> 00:03:13,039 who either really like kiss or really hate kiss. I feel like the Eagles 50 00:03:13,080 --> 00:03:15,919 is like that too, Like people who don't like the Eagles really hate the 51 00:03:15,960 --> 00:03:19,319 Eagles. You've seen the Big Lebowski, right, yes, yeah, you 52 00:03:19,360 --> 00:03:21,759 know, and there's a whole thing in there about how much he hates the 53 00:03:21,800 --> 00:03:25,919 Eagles. Yeah, I personally I love the Eagles. I'm a dudast priest. 54 00:03:27,759 --> 00:03:30,759 What do you mean? Oh, yes, right, Sorry, that 55 00:03:30,800 --> 00:03:32,599 took me a second. Took me a second. Still. I used to 56 00:03:32,599 --> 00:03:38,280 doing this in the morning. My brain isn't but it's different. This is 57 00:03:38,360 --> 00:03:43,840 not within the band. Yeah. Oh, by the way, we have 58 00:03:43,879 --> 00:03:46,759 to say hello to Chris Porri or our friend Chrispy, who's a Facebook live 59 00:03:46,840 --> 00:03:51,719 chat Hello, buddy, he's he's isn't he supposed to be coming on the 60 00:03:51,719 --> 00:03:53,960 show at some point? He will? Yes? Good, good, good, 61 00:03:53,400 --> 00:03:57,960 when he's ready. I'm bringing them in. Last time we saw him 62 00:03:58,000 --> 00:04:00,759 was at an event at the Hop knot that's true. That's true. So 63 00:04:01,159 --> 00:04:06,479 yeah, there's some weird legal drama involving Don Henley and uh this is uh 64 00:04:06,560 --> 00:04:11,639 this story is from Billboard dot com. Uh. And again I didn't know 65 00:04:11,680 --> 00:04:14,400 this was going on until because apparently this has been going on for a little 66 00:04:14,400 --> 00:04:16,439 while. But there's a new wrinkle. But I this had completely gotten past 67 00:04:16,519 --> 00:04:19,319 me until you brought it to my attention this morning. I wouldn't call it 68 00:04:19,360 --> 00:04:23,519 a wrinkle. I'd call it a bit of a creator. Yeah, so, 69 00:04:24,360 --> 00:04:30,920 uh, Eagles. This is the article Eagles Stolen Notes trial ends suddenly 70 00:04:30,399 --> 00:04:39,560 after judge says Don Henley manipulated prosecutors. Yes, I we got to spill 71 00:04:39,600 --> 00:04:44,879 the T. Yeah, spill the t. That is what the young people 72 00:04:44,920 --> 00:04:48,319 say, yes, it says. The abrupt end came after prosecutors revealed the 73 00:04:48,360 --> 00:04:54,639 newly disclosed evidence from Henley cast out on whether the Eagles notes had been stolen 74 00:04:54,720 --> 00:04:59,920 in the first place. Now, and I'm just getting familiar with this story. 75 00:05:00,120 --> 00:05:04,040 We're just getting familiar with this story, uh as well, because Jenny 76 00:05:04,040 --> 00:05:06,360 didn't know it. You didn't know until this morning that any of this was 77 00:05:06,360 --> 00:05:09,680 going on either, right, No, that's not true. I actually knew 78 00:05:09,720 --> 00:05:14,160 about the case being dropped, but I didn't know why. And now that 79 00:05:14,199 --> 00:05:16,720 I know the why, it's like, really, yeah, you can't. 80 00:05:16,759 --> 00:05:21,399 You can't trust that dastardly done Henley. I like you see the judge it 81 00:05:21,600 --> 00:05:26,519 monished them. I like the Eagles, but I've never trusted them. See, 82 00:05:26,600 --> 00:05:29,839 and everybody goes to Hotel California, and I was already not that I 83 00:05:29,839 --> 00:05:34,079 don't like Hotel California. But my go to song was always Desperado. Yeah, 84 00:05:34,079 --> 00:05:38,120 I never liked a Desperado. I liked that, and uh, Hotel 85 00:05:38,160 --> 00:05:40,800 California. I liked it when I was a kid, But after the seven 86 00:05:40,879 --> 00:05:43,839 millionth time of hearing it, I was over it. I can't tell you 87 00:05:43,879 --> 00:05:46,920 why is my favorite Eagle song? Why can't you tell me? I can't 88 00:05:46,959 --> 00:05:51,040 tell you why. That's my favorite Eagles song? What song? I can't 89 00:05:51,040 --> 00:05:54,720 tell you why? Like won't you tell me? I can't tell you why. 90 00:05:54,839 --> 00:05:57,720 That's not nice. I want to know. I know I can't tell 91 00:05:57,759 --> 00:06:01,319 you why, But that is my favorite Eagle song. So I can't tell 92 00:06:01,360 --> 00:06:08,360 you why. Manhattan prosecutors made the stunning decision Wednesday, March sixth to drop 93 00:06:08,399 --> 00:06:14,199 a criminal case against three men accused of trying to sell stolen notes linked to 94 00:06:14,279 --> 00:06:18,040 the eagles nineteen seventy six album Hotel California, with a judge saying Don Henley 95 00:06:18,079 --> 00:06:24,439 had manipulated prosecutors. At a hearing Wednesday, a New York judge dismissed the 96 00:06:24,519 --> 00:06:29,519 charges after prosecutors alerted him that newly uncovered evidence cast out on whether Henley's notes 97 00:06:29,560 --> 00:06:33,959 had been stolen in the first place. The court defense advanced by Glenn Horowitz, 98 00:06:34,639 --> 00:06:45,120 Craig in INCRTI, and Edward Kazinski. The disclosures came midway through a 99 00:06:45,160 --> 00:06:48,639 closely watched criminal trial against the three men, in which Henley and longtime Eagles 100 00:06:48,680 --> 00:06:53,720 manager Irving Azoff, who's a legend in the music industry or Irving as Off, 101 00:06:54,560 --> 00:06:58,720 had already testified. The proceedings had already run more than two weeks and 102 00:06:58,800 --> 00:07:03,120 had been expected to keep going until at least next week. The sudden reversal 103 00:07:03,160 --> 00:07:09,519 was sparked by Henley producing new evidence that had previously had been previously withheld under 104 00:07:09,600 --> 00:07:14,759 attorney client privilege. The new materials touched on whether a journalist tired in the 105 00:07:14,839 --> 00:07:17,480 nineteen seventies to write a book about the Eagles, Ed Sanders, had legitimately 106 00:07:17,480 --> 00:07:23,680 come into possession of Henley's notes. At a hearing in open court on Wednesday, 107 00:07:24,240 --> 00:07:29,720 Justice Curtis Farber sharply criticized Henley and Azof's conduct. Quote, it is 108 00:07:29,800 --> 00:07:33,480 now clear that both witnesses and their lawyers used the privilege to obfuscate and hide 109 00:07:33,480 --> 00:07:39,560 information that they believed would be damaging to their position that the lyric sheets were 110 00:07:39,600 --> 00:07:44,759 stolen unquote. The judge said he was also troubled that prosecutors had been quote 111 00:07:44,800 --> 00:07:48,720 manipulated into bringing the charges in question why they had not more thoroughly vetted the 112 00:07:48,759 --> 00:07:54,600 accusations and the evidence, But he praised them for dropping the case once new 113 00:07:54,639 --> 00:07:57,759 evidence had come to light. Now, by the way, is it possible 114 00:07:59,040 --> 00:08:03,160 that there was no manipulation here, but the prosecutors were merely big fans of 115 00:08:03,199 --> 00:08:09,279 the Eagles now or perhaps Don Henley's solo work. Uh uh, you know, 116 00:08:09,560 --> 00:08:11,800 Building the Perfect Beasts is a great album, and that in case, 117 00:08:11,800 --> 00:08:15,759 they wouldn't have dropped the case, they would keep going. Because I have 118 00:08:15,839 --> 00:08:16,959 to tell you, like, if I were, if I were some sort 119 00:08:16,959 --> 00:08:20,839 of prosecutor and Gene Simmons came to me and said, Hey, I got 120 00:08:20,839 --> 00:08:24,399 to I gotta I want to press charges, I'd be like, whatever you 121 00:08:24,399 --> 00:08:26,480 want to do, dude, let's do it. Stop it, Gene Simmons 122 00:08:28,040 --> 00:08:31,800 of Kiss of Kiss, Maybe you'll call in one of these mornings, stop 123 00:08:31,879 --> 00:08:35,519 it one of these morning. No. See, now I'm mixing this is 124 00:08:35,559 --> 00:08:41,759 an interesting situation because it's not often that you see prosecutors pulling their own case 125 00:08:41,759 --> 00:08:45,440 and going, oh, no, we're not going to prosecute anymore. Yeah, 126 00:08:45,480 --> 00:08:48,240 So you know, it's pretty damning. And this is information that Henley 127 00:08:48,279 --> 00:08:54,600 and his attorneys kept from prosecutors, kept from the court, and that information 128 00:08:54,720 --> 00:08:58,720 was very damning to them, which is why the judge was admonishing them. 129 00:09:00,279 --> 00:09:03,279 You're not supposed to do that, not supposed to hide stuff. Oo. 130 00:09:03,679 --> 00:09:09,799 They use the attorney client privilege as their foundation to keep these documents private, 131 00:09:09,360 --> 00:09:13,399 but apparently something happened that I don't know if it forced their hand to whatever, 132 00:09:13,480 --> 00:09:18,759 that they had to give these documents over and the prosecutors are going, 133 00:09:18,879 --> 00:09:22,120 oh, wait a minute here, If this is right, nobody ever sold 134 00:09:22,200 --> 00:09:28,480 anything, it says you're In a statement to Billboard following Wednesday's hearing, Henley's 135 00:09:28,559 --> 00:09:33,960 attorney Dan Petrocelli said, quote, the attorney client privilege is a foundational guardrail 136 00:09:35,000 --> 00:09:37,639 in our justice system and rarely, if ever, should you have to forsake 137 00:09:37,679 --> 00:09:41,799 it to prosecute or defend a case. As the victim in this case, 138 00:09:41,840 --> 00:09:46,960 mister Henley has once again been victimized by this unjust outcome. He will pursue 139 00:09:46,279 --> 00:09:52,120 all his rights in the civil courts unquote. The Manhattan DIA's office declined to 140 00:09:52,159 --> 00:09:58,399 comment. Horowitz, a rare book dealer in CRT, a curator at the 141 00:09:58,440 --> 00:10:03,519 Rock and Roll Hall of Fame, and Kazinski, a memorabilia auctioneer, were 142 00:10:03,559 --> 00:10:09,759 all charged in twenty twenty two with conspiracy over accusations that they tried to resell 143 00:10:09,320 --> 00:10:16,000 and hide the origin of the handwritten notes penned by Henley during the creation of 144 00:10:16,000 --> 00:10:20,240 Hotel California. Manhattan DA attorney Alvin Bragg, Ah, we've heard his name 145 00:10:20,279 --> 00:10:24,519 and connection with other cases we won't talk about here. You have said the 146 00:10:24,600 --> 00:10:28,399 trio had quote made up stories about the origin of the documents, and they're 147 00:10:28,480 --> 00:10:35,120 right to possess them so they could turn a profit unquote. But the three 148 00:10:35,159 --> 00:10:39,759 men always maintained that they had done nothing wrong their core argument. Okay, 149 00:10:39,799 --> 00:10:41,879 so now't now we're getting into the heart of the matter. You see what 150 00:10:41,919 --> 00:10:46,600 I did there, Yeah, trying to get down to the heart of the 151 00:10:46,600 --> 00:10:50,679 matter. That's one of my favorite Don Henley songs. See, I'm telling 152 00:10:50,720 --> 00:10:54,120 you, if I were a prosecutor and Don Henley came to me I'd be 153 00:10:54,159 --> 00:10:56,879 like, let's let's get these guys. This is why you shouldn't be one. 154 00:10:56,960 --> 00:11:00,799 That's right. You know, people have liked these rights. I know, 155 00:11:01,759 --> 00:11:05,039 but I'd be more interested in my fandom of Don Henley and the Eagles. 156 00:11:05,360 --> 00:11:09,039 Apparently we see that selfishness in you. I would not have the discipline 157 00:11:09,080 --> 00:11:11,720 to uh not. Uh well you don't have a discipline. We know this 158 00:11:13,000 --> 00:11:15,799 now if Joe Walsh came to be. If Joe Walsh came to be, 159 00:11:15,799 --> 00:11:20,519 I'd be a little bit more suspicious because that song Life's been good. I 160 00:11:20,600 --> 00:11:26,240 never cared for it. Wow. Yeah, that's so if Joe Walsh wanted 161 00:11:26,240 --> 00:11:28,799 to bring charges against somebody, I'd be like, uh no, we're not 162 00:11:28,879 --> 00:11:33,480 doing that, Joe, go get me Don Henley, why you judgemental? 163 00:11:33,639 --> 00:11:37,879 Well, it's uh you know we are talking about legal matters. Oh is 164 00:11:37,919 --> 00:11:46,240 that change your perspective? Yes? So, so their core argument that the 165 00:11:46,279 --> 00:11:50,960 alleged theft Sanders said legally obtained them. This is their core argument Sanders legally 166 00:11:50,960 --> 00:11:54,360 obtained them in the nineteen seventies in the process of writing a never released book 167 00:11:54,559 --> 00:11:58,559 about the Eagles. If the notes were never stolen, the three argued, 168 00:11:58,600 --> 00:12:03,759 how could they be charged with re selling stolen property. Okay, so in 169 00:12:03,799 --> 00:12:07,120 other words, so if I understand this correctly, In other words, if 170 00:12:07,120 --> 00:12:09,519 Don Henley willingly gave the notes here, yeah, take these because you're going 171 00:12:09,559 --> 00:12:15,000 to write this book. Yes, although that means they're not stolen because you 172 00:12:15,080 --> 00:12:20,000 hand them over, and if you never sell them to anybody else, then 173 00:12:20,080 --> 00:12:26,240 how can you be criminally prosecuted for selling stolen property? Is that's what the 174 00:12:26,320 --> 00:12:30,960 charge is. It does seem like it would be unethical though, if maybe 175 00:12:30,960 --> 00:12:33,679 not illegal. But and there's more of this, we'll get to it. 176 00:12:33,720 --> 00:12:35,879 But just as we're going through it, well, but if they tried to 177 00:12:37,320 --> 00:12:39,080 if they tried to sell the documents they had, because the thing is if 178 00:12:39,120 --> 00:12:43,600 somebody So, if somebody gives you something for the purpose of writing a book 179 00:12:43,639 --> 00:12:45,559 and then you never write the book, and then you say, well, 180 00:12:45,960 --> 00:12:48,799 I'm just gonna take these and sell them, that that seems really that that 181 00:12:48,799 --> 00:12:52,679 would be that would be I would think criminal. Well, I don't think 182 00:12:52,679 --> 00:12:56,559 it's I wouldn't think it would be criminal. In other words, if Henley 183 00:12:56,679 --> 00:12:58,759 gave him the documents and said, here these are so you can write your 184 00:12:58,759 --> 00:13:03,960 book book and the book never gets written, but Henley gave that property to 185 00:13:05,200 --> 00:13:09,639 that author or perspective author, and then so he gave that So they're now 186 00:13:09,679 --> 00:13:13,240 the property of the author. If Henley gave them, they gave that the 187 00:13:13,279 --> 00:13:18,519 author. I argue that they are not the profit property of the author. 188 00:13:18,759 --> 00:13:22,519 If the information was given for the expressed purposes that I'm hiring you to write 189 00:13:22,600 --> 00:13:26,960 this book, here are the documentation, and you never give them back, 190 00:13:28,039 --> 00:13:31,799 does it necessarily mean you have the right to sell them. I would say 191 00:13:31,159 --> 00:13:37,960 definitely that that's your argument means to me it would be unethical to try to 192 00:13:37,000 --> 00:13:43,039 sell those documents. Completely unethical, but not necessarily illegal. If Henley gave 193 00:13:43,200 --> 00:13:46,320 If Henley takes his property and said here, I'm giving this to you, 194 00:13:46,679 --> 00:13:50,320 so and that now becomes the property of the author, that may be where 195 00:13:50,320 --> 00:13:52,679 the hang up is. So is it illegal. I wouldn't think it would 196 00:13:52,679 --> 00:13:58,720 be illegal, but I do think it would be highly unethical. That well, 197 00:13:58,840 --> 00:14:01,919 yeah, something something to to be unethical. But necessarily you're hired for 198 00:14:01,960 --> 00:14:09,320 an express purpose and your given documentation for that express purpose. I'm assuming there 199 00:14:09,320 --> 00:14:13,200 would be a contract there that spells out what he's doing, you would think. 200 00:14:13,240 --> 00:14:16,919 But remember this was during the in the process of doing that doesn't mean 201 00:14:16,919 --> 00:14:20,080 you have the right to and there may there may not have been any kind 202 00:14:20,080 --> 00:14:22,720 of a contract. I mean, remember this was during the making of Hotel 203 00:14:22,759 --> 00:14:26,399 California. These guys are all coked up. No no, no no no 204 00:14:26,399 --> 00:14:31,039 no no no no no no, no no no. This is about not 205 00:14:31,200 --> 00:14:37,279 the writing part, but about giving these documents over to a writer who was 206 00:14:37,399 --> 00:14:41,399 hired to write a book. But the book was never published. Right, 207 00:14:41,720 --> 00:14:46,440 That doesn't mean it wasn't written, doesn't mean it wasn't even finished. Right, 208 00:14:46,559 --> 00:14:50,120 could have been totally finished, ready to go to print, and they 209 00:14:50,120 --> 00:14:52,360 pull the plug on it and say we're not going to do that. That's 210 00:14:52,399 --> 00:14:56,080 what he was given these documents, which does are Yeah, even if that 211 00:14:56,240 --> 00:15:03,039 doesn't give him the right to then sell them. I come to you, 212 00:15:03,039 --> 00:15:07,039 you're a cake baker, and I come in with a photograph. I want 213 00:15:07,120 --> 00:15:13,799 this photograph on this cake and it's somebody famous, and I want you to 214 00:15:13,840 --> 00:15:16,159 copy this picture, but I don't want you to do anything else. Do 215 00:15:16,159 --> 00:15:18,879 you have the right to take that picture and then sell it and turn a 216 00:15:18,879 --> 00:15:24,080 profit on it? Isn't that doesn't that picture still belong to me. I've 217 00:15:24,120 --> 00:15:28,000 only given it to you for the purpose of making that picture on that cake. 218 00:15:28,120 --> 00:15:31,360 But see then we get into and again, by the way, neither 219 00:15:31,399 --> 00:15:35,840 of us are legal experts. Feel free to chime in, So if anyone 220 00:15:35,919 --> 00:15:39,720 is yeah, six O three two five six seven, But I would think 221 00:15:39,000 --> 00:15:43,320 so in the example that you just gave again, it would be completely unethical 222 00:15:43,360 --> 00:15:46,480 for someone under those circumstances to then take that property and try to sell it. 223 00:15:46,519 --> 00:15:50,720 But is that is that a criminal matter? Is that really a criminal 224 00:15:50,759 --> 00:15:54,799 matter or is it a civil matter? At that point, it's a criminal 225 00:15:54,840 --> 00:15:58,279 matter if you took something that didn't belong to you and you then sold it, 226 00:15:58,279 --> 00:16:03,159 which is what this case was about, taking those those documents and then 227 00:16:03,759 --> 00:16:08,679 selling them to turn a profit. But that's not what happens, yea. 228 00:16:10,759 --> 00:16:14,559 In this instance, they did have it, but they never actually sold it 229 00:16:14,600 --> 00:16:18,240 to anyone. So you can't be convicted of selling stolen property if you never 230 00:16:18,320 --> 00:16:22,960 actually sold it. But they tried, right, I don't know if they 231 00:16:22,080 --> 00:16:26,639 tried or not, because isn't that the whole point they tried to Because if 232 00:16:26,679 --> 00:16:30,399 you try, I mean, you know, you know, trying but not 233 00:16:30,440 --> 00:16:33,600 succeeding doesn't doesn't help you. I mean, you can well just because you, 234 00:16:33,200 --> 00:16:37,120 Oh you can. You can try to rob a bank, but that's 235 00:16:37,240 --> 00:16:41,120 without selling. That's still the you. No, that's different. You can't. 236 00:16:41,200 --> 00:16:44,559 You can't put robbing a bank and conflate that into what I'm just I'm 237 00:16:44,559 --> 00:16:47,039 just saying. I'm just saying, if you try, if you try to 238 00:16:47,039 --> 00:16:48,840 do something illegal but you don't succeed, that doesn't get you off the hook 239 00:16:48,960 --> 00:16:53,440 and anything. I'm just saying, you can't get prosecuted for selling stolen property 240 00:16:53,480 --> 00:16:57,519 if you never sold the stolen property. Well, but you could get tempting. 241 00:16:57,639 --> 00:17:00,960 Well, yeah, that's that's my point. But in this but they 242 00:17:02,120 --> 00:17:07,279 but eh, but they specifically point out that the reason part of the reason 243 00:17:07,400 --> 00:17:12,759 why these charges were dropped was because the notes were never stolen. They were 244 00:17:12,880 --> 00:17:21,920 handed to the writer and then they never How could they be Okay, oh, 245 00:17:22,000 --> 00:17:23,559 maybe I'm wrong about this now that I'm looking at it and thinking about 246 00:17:23,599 --> 00:17:29,400 it. If the notes were never stolen, then if they did sell them, 247 00:17:29,440 --> 00:17:32,960 they wouldn't be stealing, they wouldn't be selling stolen property. They would 248 00:17:33,000 --> 00:17:36,920 simply be stolen property that was within there. Well that was my point, 249 00:17:37,000 --> 00:17:40,960 But that's starting to think you're right and I'm wrong on this. So that 250 00:17:41,039 --> 00:17:42,920 to me is not a criminal matter, but it but it could be a 251 00:17:42,960 --> 00:17:48,079 civil But a civil matter if Henley says, wait a minute, you're trying 252 00:17:48,119 --> 00:17:49,960 to sell this property that I gave to you for the express purpose of writing 253 00:17:51,000 --> 00:17:53,440 a book that never came out, and now you're trying to sell that, 254 00:17:53,440 --> 00:17:56,440 that would be a civil matter. Right. Henley could then say, well, 255 00:17:56,440 --> 00:17:59,720 I'm going to assue you because you're trying to sell property that I that 256 00:17:59,759 --> 00:18:03,319 I get specific purpose, and now you're trying to profit off of that, 257 00:18:03,240 --> 00:18:10,920 right. M Yeah. See, this is why I'm thinking you're pro I 258 00:18:10,920 --> 00:18:14,799 think you're right. I think that because they never they were handed over willingly, 259 00:18:14,880 --> 00:18:19,720 they were never stolen, right, And then if it's just happening in 260 00:18:19,799 --> 00:18:23,759 nineteen seventy that those notes were actually handed over, we're now sitting here in 261 00:18:23,799 --> 00:18:27,559 twenty twenty four. Yeah, I mean how far How long do you have 262 00:18:27,640 --> 00:18:32,839 something in your possession before it becomes yours? Isn't possession nine tenths of the 263 00:18:32,920 --> 00:18:37,000 law anyway, So maybe it's been so long he had it. If he 264 00:18:37,039 --> 00:18:41,759 did sell it, is it even criminal or is it even unethical if he's 265 00:18:41,799 --> 00:18:45,599 had it in nineteen seventy Yeah, Well, there is that. I mean, 266 00:18:45,000 --> 00:18:48,880 yeah, I think it's I think it's unethical to do that regardless of 267 00:18:48,960 --> 00:18:52,240 time. But that but the mentioning of time does bring up something else that 268 00:18:52,240 --> 00:18:57,440 I'm thinking about too, is and it's it's a similar thought to uh, 269 00:18:57,559 --> 00:19:02,960 excuse me, it's a similar thought who when we were talking about the months 270 00:19:02,960 --> 00:19:06,000 ago the Darryl Hall versus John Oates lawsuit, and we were talking about how, 271 00:19:06,039 --> 00:19:07,279 you know, these guys are in their mid to late seventies, is 272 00:19:07,319 --> 00:19:11,039 this what you know? Is this how they want to You know, Don 273 00:19:11,079 --> 00:19:14,119 Henley is seventy six years old. I mean if I were seventy six years 274 00:19:14,119 --> 00:19:17,279 old and already had more money than I could ever spend, I don't know 275 00:19:17,319 --> 00:19:18,920 if I'd want to be spending time in court trying to sue somebody out of 276 00:19:18,920 --> 00:19:22,119 making money off of something I had done. I mean, I guess maybe 277 00:19:22,119 --> 00:19:26,599 it's a matter of pride or principle, but at seventy six, I you 278 00:19:26,640 --> 00:19:32,920 know, just this, Don Henley, relax. This is a nefarious side 279 00:19:33,079 --> 00:19:37,079 in the in this as well, when you look at what the judge had 280 00:19:37,119 --> 00:19:41,880 said a review, he said, quote a review of these newly discosed materials 281 00:19:41,880 --> 00:19:47,720 has demonstrated a highlight. Mister Henley and mister asov use of the privilege to 282 00:19:47,799 --> 00:19:52,960 shield themselves from a thorough and complete cross examination was said by Justin Farmer. 283 00:19:53,279 --> 00:19:59,839 So in other words, because they withheld this information, the defense doesn't didn't 284 00:19:59,839 --> 00:20:02,880 get to cross examine them on it, didn't even get to know about it. 285 00:20:03,240 --> 00:20:07,319 So they're shielding themselves by keeping this close to the test and not sharing 286 00:20:07,319 --> 00:20:15,920 the information when legally they had the legal what's the world I'm looking for requirement 287 00:20:15,480 --> 00:20:19,480 to disclose this information. They had no right to keep it secret under the 288 00:20:19,519 --> 00:20:25,519 guise of client attorney privilege, which is what they were doing. So the 289 00:20:25,599 --> 00:20:30,559 judges can olderly admonishing them for doing that because not only did they prevent important 290 00:20:30,559 --> 00:20:33,680 information from being released, but they also prevented the defense from being able to 291 00:20:33,680 --> 00:20:41,799 face their accuser. Yeah, it says here again. This is from Billboard. 292 00:20:41,799 --> 00:20:48,519 The trial kicked off last month with Inc's attorney telling the judge the prosecutors 293 00:20:48,559 --> 00:20:55,119 had distorted the history to charge innocent men and the DA's office would be apologizing 294 00:20:55,200 --> 00:20:59,119 at the end of this case. Henley later testified that he had not willingly 295 00:20:59,200 --> 00:21:03,720 given away the no, saying they were quote something very personal, very private, 296 00:21:03,839 --> 00:21:07,240 unquote. So it sounds to me like Kenley and asof and their attorneys 297 00:21:07,279 --> 00:21:10,960 are trying to make it sound like these notes were stolen, when actually he 298 00:21:11,319 --> 00:21:15,000 sounds like he gave it to them and forgot and never retrieved them. Well, 299 00:21:15,000 --> 00:21:18,640 again, it's it's an indelicate way of putting it, but but I 300 00:21:19,039 --> 00:21:22,920 do think it's valid. These guys again, the Eagles during the making of 301 00:21:22,920 --> 00:21:27,240 Hotel California. Who knows what the hell they did or can remember correctly or 302 00:21:27,279 --> 00:21:30,319 not. They were all cooked up. I'm not And and again it's it's 303 00:21:30,359 --> 00:21:33,400 an indelicate way of putting it, but it's just true. You know what 304 00:21:33,440 --> 00:21:37,160 I mean? You think there's something in those papers that he doesn't want out 305 00:21:37,200 --> 00:21:41,559 there. No, I'm just saying. I'm just saying, who knows what? 306 00:21:41,759 --> 00:21:47,559 Who knows what conversations were had between Don Henley and back at nineteen and 307 00:21:47,680 --> 00:21:49,240 with this and this guy, I mean, who knows. You don't even 308 00:21:49,319 --> 00:21:52,440 realize that he gave it to the writer with it at the time, right, 309 00:21:52,839 --> 00:21:56,480 That's that's why I get that. I get that. But no matter 310 00:21:56,519 --> 00:22:00,559 what the situation was in that moment, it sounds like he just left the 311 00:22:00,599 --> 00:22:03,559 paperwork with the guy. Right, They never went back to the writer and 312 00:22:03,599 --> 00:22:06,759 said give me back my notes. Who knows? Who knows, just kind 313 00:22:06,799 --> 00:22:08,720 of shoved it all to him, write me this book, and then somewhere 314 00:22:08,759 --> 00:22:11,960 along the line, dude goes, I got your book, and he goes, 315 00:22:11,000 --> 00:22:15,519 never mind. Yeah, that sounds like exactly what happened, because it 316 00:22:15,680 --> 00:22:22,319 never was actually published, it says here. On Wednesday's hearing, Justice Curtis 317 00:22:22,319 --> 00:22:26,480 said that Henley had recently handed over more than six thousand new pages of emails 318 00:22:26,480 --> 00:22:32,640 and other disclosures that contained new information about how Sanders came to own the notes. 319 00:22:33,319 --> 00:22:42,839 Such jarringly late disclosures violated Horowitz in CRTI and Kazinski's constitutional rights. The 320 00:22:42,960 --> 00:22:48,559 judge said, yeah, six thousand, Come on, it's not like it's 321 00:22:48,559 --> 00:22:55,440 a single six thousand documents. Wow, that's an awful lot to be keeping 322 00:22:55,519 --> 00:23:00,599 secret. Yeah, especially where obviously it was information that should have been provided 323 00:23:00,880 --> 00:23:04,119 under the disclosure of our rules, it says. An a statement to Billboard, 324 00:23:04,119 --> 00:23:08,759 Horowitz's attorney, Jonathan back Bach said, quote, we are glad the 325 00:23:08,799 --> 00:23:11,880 DA's office made the right decision and finally dropped this case. It never should 326 00:23:11,920 --> 00:23:17,680 have been brought mister Horowitz looks forward to carrying on with his important work. 327 00:23:17,799 --> 00:23:22,319 Unquote well regardless. I mean again, I'm not any kind of a legal 328 00:23:22,359 --> 00:23:25,359 expert, just as a layman. It sounds to me like this this was, 329 00:23:25,839 --> 00:23:30,480 if anything, a civil case, not a criminal one. Oh, 330 00:23:30,720 --> 00:23:36,119 these guys could have been facing real jail time. Yeah. Keeping that paperwork 331 00:23:36,279 --> 00:23:41,319 is literally put three people's lives in jeopardy. That's that's pretty hard, man, 332 00:23:41,759 --> 00:23:45,519 that's pretty bad. Yeah. So you got to have a lot of 333 00:23:45,559 --> 00:23:49,920 hate in you hat to want to ruin people's lives like that. I wonder 334 00:23:49,960 --> 00:23:56,400 what's in that book? What's in that never released book? H Yes, 335 00:23:56,759 --> 00:24:00,720 we'll probably never know. I was looking to see if there's any kind of 336 00:24:02,000 --> 00:24:04,039 other update. But again, it's like, you know, this is the 337 00:24:04,079 --> 00:24:11,880 really reason this just happened. Just this past week was the case officially dismissed. 338 00:24:11,160 --> 00:24:15,000 And it's really it's also very telling when you look at it, because 339 00:24:15,039 --> 00:24:18,759 it's not the judge who dismissed the case. It's the prosecutors themselves who went 340 00:24:18,799 --> 00:24:23,240 to the judge and said, we need to pull back on this, we 341 00:24:23,279 --> 00:24:26,519 need to get rid of the charges. We're not going to prosecute now. 342 00:24:26,559 --> 00:24:30,599 I want to go back. I can't imagine prosecutor is liking to drop criminal 343 00:24:30,680 --> 00:24:36,039 charges too much, so this must have been interesting. Although Alvin bragg got 344 00:24:36,079 --> 00:24:38,839 kind of has a handsful. I do want to think if you want to 345 00:24:38,880 --> 00:24:44,079 go back to uh By the way, do you think Don Henley pays his 346 00:24:44,160 --> 00:24:48,039 lawyers? Probably I might have him confused with somebody else. Anyway. I 347 00:24:48,240 --> 00:24:52,119 don't think he gets away with not paying lawyers. I think there's only special 348 00:24:52,160 --> 00:24:56,039 class for that. Just for context, I do want to go back to 349 00:24:56,559 --> 00:25:03,480 there's a story here. This is from February twentieth, and this might add 350 00:25:03,519 --> 00:25:07,039 some context to what we're looking at now, which is the latest update. 351 00:25:07,319 --> 00:25:11,000 This is from the AP News. This is from February twentieth, but this 352 00:25:11,079 --> 00:25:15,400 kind of explains the foundation of the trial. Story titled Welcome to the Hotel 353 00:25:15,440 --> 00:25:21,839 California case the trial over handwritten lyrics to an Eagles classic. It says here 354 00:25:21,839 --> 00:25:25,079 in the mid seventies, Eagles were working on a spooky, cryptic news song. 355 00:25:25,519 --> 00:25:30,440 On a lined yellow pad, Don Henley, with input from band co 356 00:25:30,559 --> 00:25:36,000 founder Glen Fry, jotted thoughts about a dark desert highway and a lovely place 357 00:25:36,359 --> 00:25:40,839 with a luxurious surface. And ominous undertones and something on ice, perhaps caviare 358 00:25:41,599 --> 00:25:45,039 or tatinger? Is that any say that? Or pink Champagne? The song 359 00:25:45,079 --> 00:25:49,680 Hotel California became one of rock's most indelible singles, and nearly half century later, 360 00:25:51,079 --> 00:25:53,160 those handwritten pages of lyrics in the making have become the center of an 361 00:25:53,240 --> 00:25:57,079 unusual criminal trial set to open on Wednesday. So again, remember this is 362 00:25:57,079 --> 00:26:03,079 from February twentieth rare book dealer Glenn Horowitz, former Rock and Roll Hall of 363 00:26:03,079 --> 00:26:07,880 Famer curator Craig Nciarti I finally figured out how to say his name, thank 364 00:26:07,920 --> 00:26:17,319 you, and memorabilia seller Edward Kazinski are charged with conspiring to own and try 365 00:26:17,359 --> 00:26:21,200 to sell manuscripts of Hotel California and other Eagles hits without the right to do 366 00:26:21,279 --> 00:26:25,599 so. The three have pleaded not guilty, and their lawyers have said the 367 00:26:25,640 --> 00:26:30,200 men committed no crime with the papers, which they acquired via a writer who'd 368 00:26:30,200 --> 00:26:34,200 worked with the Eagles. But the man okay, so so they these guys 369 00:26:34,200 --> 00:26:37,839 are not the writer. None of these guys are the writer of the book. 370 00:26:37,440 --> 00:26:42,000 They're claiming they got these from the writer. So we should clarify that, 371 00:26:42,079 --> 00:26:45,240 because I wasn't clear on that myself. I didn't. I wasn't clear 372 00:26:45,279 --> 00:26:48,960 on that either. So none of these three guys are the author of the 373 00:26:48,960 --> 00:26:52,400 book. They're they're they're all saying that they got they they came into possession 374 00:26:52,519 --> 00:26:56,960 of the notes from the writer of the book. So they have to prove 375 00:26:56,000 --> 00:27:00,119 that the writer didn't steal them. Yeah, all right, now we're getting 376 00:27:00,160 --> 00:27:04,880 Clara. Here we go. But it says but the Manhattan DIA's office says 377 00:27:04,920 --> 00:27:11,519 the defendants connived to obscure the document's disputed ownership despite knowing that Henley said the 378 00:27:11,559 --> 00:27:18,000 pages were stolen. Clashes over valuable collectibles abound, but criminal trials like this 379 00:27:18,119 --> 00:27:22,440 are rare. Many fights are resolved in private, in lawsuits or with agreement 380 00:27:22,400 --> 00:27:25,400 surchter in the items, like I was saying, like it being a civil 381 00:27:25,440 --> 00:27:30,279 matter, not a criminal one. Travis McDade, a University of Illinois law 382 00:27:30,319 --> 00:27:33,799 professor who studies rare document disputes, said, quote, if you can avoid 383 00:27:33,839 --> 00:27:37,960 a prosecution by handing over the thing, most people just hand it over unquote. 384 00:27:37,119 --> 00:27:41,119 Of course, the case of the Eagles Manuscripts is distinctive in other ways 385 00:27:41,160 --> 00:27:47,000 too. The prosecutors, star witnesses, indeed that Henley is expected to testify 386 00:27:47,039 --> 00:27:52,839 between Eagles tour stops. The non jury trial could offer a peek into the 387 00:27:52,880 --> 00:27:56,759 band's creative process and life in the fast lane of the seventies of seventies stardom. 388 00:27:57,319 --> 00:28:03,359 At Issue are over eighty pages of draft lyrics from the blockbuster nineteen seventy 389 00:28:03,359 --> 00:28:07,880 six Hotel California album, including words to the chart topping Grammy winning title cut. 390 00:28:08,240 --> 00:28:12,400 It features one of classic rock's most recognizable riffs, best known solos, 391 00:28:12,400 --> 00:28:18,200 and most oft quoted arguably over quoted lines you can check out any time you 392 00:28:18,359 --> 00:28:22,519 like, but you can never leave. Henley has said the song is about 393 00:28:22,519 --> 00:28:26,079 the dark underbelly of the American dream. It's still streamed over two hundred and 394 00:28:26,079 --> 00:28:30,319 twenty million times and got one hundred and thirty six thousand radio spins last year 395 00:28:30,359 --> 00:28:34,240 in the US alone. According to the entertainment data company Luminant, the Hotel 396 00:28:34,279 --> 00:28:38,839 California album has sold twenty six million copies nationwide over the years, bested only 397 00:28:38,920 --> 00:28:45,119 as bested only by an Eagle's Greatest Hits disc in Michael Jackson's Thriller. The 398 00:28:45,200 --> 00:28:49,400 pages also include lyrics from songs including Life in the fast Lane, and New 399 00:28:49,480 --> 00:28:55,960 Kid in Town. Eagles manager Irving Azoff has called the documents irreplaceable pieces of 400 00:28:56,039 --> 00:29:02,319 musical history. Horrorwitz INCRTI, and Kazi are charged with conspiracy to possess stolen 401 00:29:02,359 --> 00:29:07,519 property and various other offenses. They're not charged with actually stealing documents, nor 402 00:29:07,640 --> 00:29:11,839 is anyone else, but prosecutors will still have to establish that the documents were 403 00:29:11,920 --> 00:29:17,519 stolen. The defense maintains that's not true, and I think that's where the 404 00:29:17,599 --> 00:29:22,839 rub is. How do you prove that the documents were stolen? Much turns 405 00:29:22,839 --> 00:29:26,720 on the Eagles interactions with Okay, this is the context I was looking for. 406 00:29:26,000 --> 00:29:30,759 Much turns on the Eagles interactions with Ed Sanders, a writer who also 407 00:29:30,839 --> 00:29:37,359 co founded the nineteen sixties counterculture rock band The Fogs. Fugs got to be 408 00:29:37,359 --> 00:29:41,559 careful how I say that on the air He worked in the I don't even 409 00:29:41,559 --> 00:29:42,839 want to pronounce it the way I think it's supposed to be pronounced, because 410 00:29:42,839 --> 00:29:47,559 again, we're on FM radio. He worked in the late seventies and early 411 00:29:47,599 --> 00:29:52,640 eighties on an authorized Eagles biography that was never published. Sanders is not charged 412 00:29:52,680 --> 00:29:57,799 in the case. A phone message seeking comment was left for him. He 413 00:29:57,880 --> 00:30:03,119 sold the pages to horror Witz, who then sold them to Incrti and Kazinski. 414 00:30:03,880 --> 00:30:07,880 Okay, so the writer ed Sanders. He took those documents and he 415 00:30:08,000 --> 00:30:14,079 sold them to Horowitz, one of the three guys who was charged, who 416 00:30:14,160 --> 00:30:18,000 then sold them to the other two guys who are charged. Horowitz has handled 417 00:30:18,119 --> 00:30:23,559 huge rare book and archive deals, and he's been entangled in some ownership spats 418 00:30:23,599 --> 00:30:29,720 before, one involved papers linked to Gone with the Wind author Margaret Mitchell. 419 00:30:29,960 --> 00:30:33,680 That was settled Inciarti worked on notable exhibitions for the Cleveland based Rock and Roll 420 00:30:33,720 --> 00:30:37,599 Hall I'm sorry, Rock Hall of Fame, not the Rock and Roll Hall 421 00:30:37,640 --> 00:30:41,720 of Fame, the Rock Hall of Fame. Kazinsky has been a principal and 422 00:30:41,960 --> 00:30:48,640 Gotta have It collectibles known for auctioning celebrities personal possessions, so personal that Madonna 423 00:30:48,839 --> 00:30:56,359 unsuccessfully sued to try to stop a sale that included her LATEX briefs. If 424 00:30:56,400 --> 00:31:02,839 only we'd note about that when we did the Madonna segment. Yes, those 425 00:31:02,839 --> 00:31:07,559 were auctioned off. Apparently, Uh, Henry, well, you know, 426 00:31:07,279 --> 00:31:14,279 he know what anyone wait, listen, it's Madonna. She's don't care what 427 00:31:14,480 --> 00:31:18,680 anybody's use son to Madonna. It's Madonna, though you don't know that. 428 00:31:18,799 --> 00:31:23,640 Yes, I do not Madonna. She does not Madonna. Everybody does. 429 00:31:23,720 --> 00:31:27,920 How dare you? She is named after the mother of our Lord. I 430 00:31:27,960 --> 00:31:32,079 don't think so there is an R E M song about that. I think 431 00:31:33,000 --> 00:31:41,279 everybody fus. Henley told a grand jury that he never gave the biographer of 432 00:31:41,319 --> 00:31:45,960 the lyrics, according to court filings from Kazinski's lawyers, but defense lawyers have 433 00:31:47,039 --> 00:31:53,200 signaled that they planned to probe Henley's memory of the time. M we believe 434 00:31:53,279 --> 00:31:57,160 that mister Anley voluntarily provided the lyrics to mister Sanders, unquote, attorney Scott 435 00:31:57,240 --> 00:32:01,039 Edelman said in court last week. Now, by the way, so Henley's 436 00:32:01,079 --> 00:32:07,039 not claiming that these three guys stole anything. He's claiming that the author, 437 00:32:07,240 --> 00:32:09,359 ed Sanders, is the one who stole. And they have possession of a 438 00:32:09,400 --> 00:32:14,480 stolen property. Well, possessing stolen property is a crime. And what were 439 00:32:14,519 --> 00:32:19,240 they trying to sell it? So were they trying to sell them? Yeah? 440 00:32:19,240 --> 00:32:22,440 Apparently yes, so stolen property. So they're trying to sell them. 441 00:32:22,480 --> 00:32:27,599 So now that we have more context, now I'm starting to flip back to 442 00:32:27,640 --> 00:32:31,319 saying maybe this I can see why, I can see why this was considered 443 00:32:31,359 --> 00:32:37,319 a criminal case and not civil because if there is alleged theft involved, right, 444 00:32:37,880 --> 00:32:45,039 but he was hiding six thousand ages of documentation that apparently refutes that and 445 00:32:45,359 --> 00:32:52,119 insists that they willingly gave the documents to the writer intending on having a book 446 00:32:52,200 --> 00:32:54,880 about them. Yeah, and then squished the book and never took back their 447 00:32:54,920 --> 00:33:00,559 documents. Yeah. I mean charges were probably against these guys until twenty twenty 448 00:33:00,559 --> 00:33:02,119 two. For all we know. There could be something in those emails about, 449 00:33:02,200 --> 00:33:06,559 you know, a conversation they had at Studio fifty four. I don't 450 00:33:06,559 --> 00:33:09,519 know they were emails at Studio fifty four. No, what I'm saying, 451 00:33:09,799 --> 00:33:14,799 maybe referencing a conversation they add at Studio fifty four about the lyrics or something 452 00:33:14,839 --> 00:33:20,319 that Don Henley now can't remember something previous documents from like long ago, that 453 00:33:20,400 --> 00:33:23,599 they maybe from starting the book talk. Because back in the day when poly 454 00:33:23,759 --> 00:33:27,599 C and I used to hang out at Studio fifty four with Share and all 455 00:33:27,720 --> 00:33:30,240 that, I think I remember seeing Don Hemley there. That's a little bit 456 00:33:30,240 --> 00:33:37,039 inside. But if you're a if you're a WMNH devote you know, reference 457 00:33:37,079 --> 00:33:40,759 please Sanders sold Horowitz in two thousand and five that while working on the Eagles 458 00:33:40,759 --> 00:33:44,920 book, he was sent whatever papers he wanted from Henley's home in Malibu, 459 00:33:45,000 --> 00:33:52,039 California. According to the indictment, wait a minute, though, Yeah see, 460 00:33:52,640 --> 00:33:54,039 yeah, what do you mean, Wait a minute? What? So 461 00:33:54,119 --> 00:33:58,160 he says, so he was sent whatever he needed for the book. Basically, 462 00:33:58,400 --> 00:34:01,880 uh huh. If if if I were an author, if I were 463 00:34:01,880 --> 00:34:05,319 working on a book for somebody and they were sending me papers, I wouldn't 464 00:34:05,319 --> 00:34:07,359 just assume, well, these are mine to do whatever I want with. 465 00:34:07,519 --> 00:34:10,119 Correct. But if you've had them in your possession since nineteen seventy, how 466 00:34:10,199 --> 00:34:15,280 long in your possession right until they've become yours and you are able to get 467 00:34:15,320 --> 00:34:17,679 rid of them, right or right? Are you ever able to do that? 468 00:34:17,960 --> 00:34:23,320 Right? That's an interesting conundrum, it says. Then Kazinski's business offered 469 00:34:23,360 --> 00:34:29,519 some pages at auction in twenty twelve. Henley's attorneys came knocking, and Horowitz 470 00:34:29,559 --> 00:34:34,800 and Crdy and Sanders, in varying combinations, began batting around alternate versions of 471 00:34:34,840 --> 00:34:39,519 the manuscript's providence. The indictment says, yeah, interesting, it sounds so, 472 00:34:39,679 --> 00:34:43,760 According to the indictment, they tried to muddy the waters about you know 473 00:34:44,199 --> 00:34:49,320 how these doctors, by the way, But once again though just from Don 474 00:34:49,320 --> 00:34:52,000 Henley's perspective, and I understand pride and principle and all that, but this 475 00:34:52,199 --> 00:34:57,000 seventy six year old man, who's already extremely wealthy, if he gets if 476 00:34:57,000 --> 00:35:01,519 he stops this from happening, what does he get out of it? Financially? 477 00:35:01,760 --> 00:35:07,199 Nothing? Right? But if somebody else, unless he's looking to regain 478 00:35:07,239 --> 00:35:12,480 regain the control over those papers, get him back and then he can sell 479 00:35:12,519 --> 00:35:14,840 them himself for more money. But he's probably not going to sell him. 480 00:35:14,840 --> 00:35:16,239 He probably just wants him back. How do you know that? Well, 481 00:35:16,280 --> 00:35:20,519 I don't know that, but that's why he's doing the loss in the first 482 00:35:20,559 --> 00:35:22,840 one. But if somebody else can sell him, there might be an Eagles 483 00:35:22,880 --> 00:35:28,679 fan who wants to spend the money. I mean, it's just what diehard 484 00:35:28,760 --> 00:35:32,800 Eagles fan would want to have, right, So at a certain point, 485 00:35:34,239 --> 00:35:37,760 what's it matter? Again, I'm just saying, why does this guy want 486 00:35:37,760 --> 00:35:39,840 to go? Why does Don Henley want to do all that? Now, 487 00:35:40,039 --> 00:35:45,519 by the way, publicity out of it. I do understand why in one 488 00:35:45,559 --> 00:35:49,559 sense, because I do understand why in one sense because he is Don Henley, 489 00:35:49,800 --> 00:35:53,480 and this is consistent with everything that we've heard over the years about him 490 00:35:53,519 --> 00:36:00,719 as a person. In his personality has he always been a loss not necessarily 491 00:36:00,760 --> 00:36:04,960 litigious, but he's known for having a very prickly personality. Oh, I 492 00:36:05,039 --> 00:36:07,800 really don't know much about the man. I just know some of the music. 493 00:36:07,920 --> 00:36:08,960 I mean, I'm a fan of his music. But there have been 494 00:36:09,280 --> 00:36:16,199 some pretty consistently some unpleasant things said about him as a person. He's never 495 00:36:16,239 --> 00:36:21,599 been a nice guy as far as I can tell, just from what people 496 00:36:21,599 --> 00:36:23,880 say about him. I'm trying to think of something nice that someone's ever said 497 00:36:23,880 --> 00:36:28,599 about Don Henley, and nothing leaps to mind. That's terrible as a person. 498 00:36:29,000 --> 00:36:32,119 That's terrible. Yeah, that's just my impression. I don't know, 499 00:36:32,719 --> 00:36:37,599 that's just my impression. It says in one story, Sanders found the pages 500 00:36:37,639 --> 00:36:42,280 discarded in a backstage dressing room. In others, he got them from a 501 00:36:42,320 --> 00:36:45,440 stage assistant or while amassing quote a lot of material related to the Eagles from 502 00:36:45,480 --> 00:36:51,320 different people unquote, And yet another story he obtained them from Glenn Fry an 503 00:36:51,360 --> 00:36:54,000 account that quote would make this go away once and for all unquote, Horrowitz 504 00:36:54,039 --> 00:37:00,400 suggested in twenty seventeen, but then Glenn Frye died the year before Wow twenty 505 00:37:00,440 --> 00:37:07,679 sixteen. One Fried died. Quote. He merely needs gentle handling and reassurance 506 00:37:07,719 --> 00:37:10,599 that he's not getting that he's not going to the can unquote. Horrorwitz emailed 507 00:37:10,639 --> 00:37:16,800 NCRTI during a twenty twelve exchange about getting sanders explanation shaped into a communication to 508 00:37:16,840 --> 00:37:22,440 auctioneers. The indictment says Sanders supplied or signed off on some of the varying 509 00:37:22,559 --> 00:37:28,199 explanations, according to the indictment, and it's unclear what he may have conveyed 510 00:37:28,280 --> 00:37:32,760 verbally, but he apparently rejected at least the dressing room tale. And by 511 00:37:32,800 --> 00:37:37,159 the way, that's something that's that we've heard, you know, like the 512 00:37:37,159 --> 00:37:43,519 Beatles, for example. You know somebody picks up lyrics, handwritten lyrics or 513 00:37:43,559 --> 00:37:47,280 notes left behind in a dressing room or backstage, you know, at a 514 00:37:47,400 --> 00:37:52,800 at a concert or in a recording studio. Just somebody leaves something behind, 515 00:37:52,880 --> 00:37:55,679 somebody else picks it up. Who really owns it? At that point? 516 00:37:55,760 --> 00:38:00,159 You know? Is it stealing? If somebody leaves something behind and it doesn't 517 00:38:00,199 --> 00:38:04,000 look like they care about it and you pick it up, is that is 518 00:38:04,039 --> 00:38:07,360 that theft? I mean it is unethical. I think if you're oh, 519 00:38:07,400 --> 00:38:15,079 yeah, but if in that in that situation. But Kazinski, h, 520 00:38:15,440 --> 00:38:19,239 I'm gonna skip down. This get's pretty in depth. But okay, so 521 00:38:19,239 --> 00:38:22,199 I'm gonna skip down a little bit. But Sotheby's listed the Hotel California song 522 00:38:22,280 --> 00:38:28,039 lyrics in a twenty sixteen auction, but withdrew them after learning the ownership was 523 00:38:28,079 --> 00:38:31,760 in question. Yeah, because Southeby's doesn't want to end up in any kind 524 00:38:31,760 --> 00:38:37,960 of legal He's he apparently does go after everything. I'm looking at some notations 525 00:38:37,000 --> 00:38:42,840 from someone else who's saying you can rarely find any of the Eagles on his 526 00:38:43,199 --> 00:38:46,360 or his solo material on YouTube. When a video of their music gets uploaded, 527 00:38:46,400 --> 00:38:51,480 it's quickly removed. He's strict about not allowing people to take pictures of 528 00:38:51,559 --> 00:38:54,719 videos at Eagle concerts. Yeah. He also doesn't seem to like people who 529 00:38:54,800 --> 00:39:00,719 play his music in public places. Wow. Yeah, Hey, that's his 530 00:39:00,840 --> 00:39:04,440 reputation. That's all consistent with everything that we know about Don Henley. The 531 00:39:04,480 --> 00:39:08,400 worst of the worst examples of him being overprotective include that one time when he 532 00:39:08,559 --> 00:39:14,440 sued because of a hotel in Mexico that had the name Hotel California. He 533 00:39:14,559 --> 00:39:20,400 also sued Deluth Trading Company because of a T shirt containing the words Don Henley 534 00:39:20,679 --> 00:39:24,480 and take it Easy, and even sued a foundation that helps protect Eagles in 535 00:39:24,559 --> 00:39:30,159 America because he felt they were infringing on the band's name. He wasn't happy 536 00:39:30,199 --> 00:39:36,199 about Frank ocean sambling Hotel California and went as far as to call him a 537 00:39:36,280 --> 00:39:42,320 cussword and attack him. Despite his popularity at the time, Eagles shows are 538 00:39:42,320 --> 00:39:45,400 also some of the most expensive ticket wise, Yes, especially for a band 539 00:39:45,400 --> 00:39:51,800 that hasn't released a new single in thirty years. Wow, there was a 540 00:39:52,239 --> 00:39:55,559 I guess the reason this came up. I guess was there was a video 541 00:39:55,719 --> 00:40:02,039 some old commercials that were removed and got copyright strikes issued on YouTube because Henley's 542 00:40:02,039 --> 00:40:07,239 song New York Minute was used for a few seconds in a promo for a 543 00:40:07,280 --> 00:40:10,880 TV show, which probably made up about five percent of the entire video. 544 00:40:12,599 --> 00:40:19,199 Yeah. Yeah, Apparently he's quite quite the protective individual, for lack of 545 00:40:19,239 --> 00:40:25,119 a better term. Yeah, And and you know, that's all fine in 546 00:40:25,159 --> 00:40:30,159 the sense that, look, you should protect your intellectual property and so forth. 547 00:40:30,239 --> 00:40:35,559 But but at a certain point some of it seems a little petty. 548 00:40:35,920 --> 00:40:40,679 You know, yeah, but yeah, I think it's sad really that he 549 00:40:42,400 --> 00:40:45,840 is this protective, because I think it hurts in the long run, like 550 00:40:46,039 --> 00:40:51,559 not having people listening to your music on YouTube? Yeah, what's why not? 551 00:40:51,760 --> 00:40:54,920 Why wouldn't you want your music to stay alive and in the public eye. 552 00:40:55,039 --> 00:40:59,679 Why be that? Like, do you want it to the best way 553 00:40:59,679 --> 00:41:02,400 to face something of ways to keep it out of the public eye. Yeah, 554 00:41:02,440 --> 00:41:07,199 well, I mean then again he may look at it as he never 555 00:41:07,239 --> 00:41:10,199 asked to worry about that really, and neither do the Eagles, because look, 556 00:41:10,920 --> 00:41:16,039 you could probably turn on rock one on one right now and hear an 557 00:41:16,079 --> 00:41:21,639 Eagles song, you know what I mean. Like, because of classic rock, 558 00:41:21,719 --> 00:41:24,199 the classic rock radio format, they never really have to worry about it, 559 00:41:27,079 --> 00:41:35,280 and they'll always be able to charge enormous sums of money for their tours, 560 00:41:35,280 --> 00:41:37,920 and so they do have stuff on YouTube of them. Though, yeah 561 00:41:37,960 --> 00:41:42,480 he must. He probably just go finds one and goes after that one person 562 00:41:42,519 --> 00:41:46,440 and then finds somebody else. Maybe that's how he passes his time. I 563 00:41:46,480 --> 00:41:51,119 think it's sad though, I really do, because I mean I would I 564 00:41:51,159 --> 00:41:54,199 would think that an artist would want their their music to never be forgotten and 565 00:41:54,239 --> 00:41:58,119 to have it be wide and far. But I might be wrong. I 566 00:41:58,159 --> 00:42:02,119 mean I could be wrong in this, I think. But it doesn't sound 567 00:42:02,159 --> 00:42:06,840 like anybody stole anything. It sounds like they turned over stuff for a book 568 00:42:06,880 --> 00:42:09,320 and never took it back. Well who knows, I mean, we don't 569 00:42:09,360 --> 00:42:13,320 know exactly what happened there. And well we know we gave him the stuff 570 00:42:13,320 --> 00:42:17,000 in nineteen seventies, and there's no evidence to prove that he's ever sued or 571 00:42:17,000 --> 00:42:21,480 anything to fight to get documents back. Right, he didn't care about them 572 00:42:21,519 --> 00:42:24,760 until they turned up in somebody else's possession. Yeah, So does that because 573 00:42:24,800 --> 00:42:30,679 you forgot something doesn't make it theft? Right? Who is your responsibility to 574 00:42:30,719 --> 00:42:35,599 retrieve your belongings? It's not the other person's responsibility to bring it to you, 575 00:42:36,480 --> 00:42:39,679 in my opinion. Yeah, I don't know. I'll be curious to 576 00:42:39,679 --> 00:42:43,559 see. So this has been dropped just to kind of put a button on 577 00:42:43,599 --> 00:42:47,079 it. It's been dropped as a criminal matter. But well that doesn't end 578 00:42:47,079 --> 00:42:52,119 it, because he is vowing to sue them civilly. Yeah. Yeah, 579 00:42:52,159 --> 00:42:53,880 So we'll have to stay tuned to see if there's another court case coming up. 580 00:42:55,039 --> 00:42:57,880 Well, that's what you do, right, I mean, if it 581 00:42:57,880 --> 00:43:00,559 doesn't work out criminally, you know, you always have that s yep