'Hotel California' Trial Collapse Reveals Privilege Rift

Legal ethics attorney Trisha Rich was quoted in an article by Law360 examining the "Hotel California" criminal trial after charges were dropped against the three defendants, who had been accused of trying to sell musician Don Henley's stolen album notes. Henley made the decision to waive his attorney-client privilege, revealing communications that contradicted the accusations against the defendants. New York Supreme Court Justice Curtis Farber asserted keeping the information hidden went against the criminal defendant's constitutional rights to thoroughly cross-examine Henley and other witnesses. However, the matter is raising questions in the legal community.

"There are some courts that have opined on it, but I don't think we have a definitive approach on the juxtaposition of the Sixth Amendment right for a criminal defendant to confront the witnesses against him versus an individual's right to protect attorney-client privilege," she explained. "This is not an issue that's been fully fleshed out."

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