gizmodo iphone 4 prototype comparison back
Just as Apple is reportedly dealing with the lose of another iPhone prototype, two suspects in the case of last year's lost iPhone 4 prototype have pleaded not guilty to misdemeanor theft charges, according to CNET. That iPhone prototype was lost in a Redwood City, California bar and later sold to Gizmodo. Gizmodo was officially cleared last month as charges were brought against two suspects claimed to be responsible for finding and selling the prototype.

At an arraignment here this morning, Brian Hogan, the man who allegedly found the prototype in a bar after it was left there by an Apple engineer, and Robert Sage Wallower, who is accused of that charge as well as possessing stolen property, entered their pleas before Superior Court Judge Jonathan Karesh.

A pretrial conference is scheduled for October 11.

Hogan has acknowledged finding and selling the iPhone, while Wallower has been accused of acting as a middleman in shopping the device around to various tech sites. Under California law dating back well over 100 years, anyone who finds lost property and who knows the identity of the property's likely owner is guilty of theft if they appropriate the property for their own uses instead of returning it.

Top Rated Comments

mbh Avatar
147 months ago

Easy defense.
When it comes to consumer goods, the manufacturer is quite often not the owner.

Sorry, but you're overlooking the fact that Hogan knew exactly who the phone belonged to. The phone was logged into Gray Powell's facebook page! Gizmodo bragged about having the phone of an Apple engineer.

It would have taken 1 minute to leave a message for Gray that he found his phone and how to retrieve it. Or he could have given it to the manager of the bar he found it in.

This is basic decency, people. Don't take things that don't belong to you! Hogan made no apparent effort to return the phone and deserves to be found guilty.
Score: 6 Votes (Like | Disagree)
jeffreyropp Avatar
147 months ago
I love the "no crime was committed" arguments. By their logic, I can simply take anything that is unattended without consequences. Utter nonsense.
Score: 5 Votes (Like | Disagree)
BC2009 Avatar
147 months ago
Hogan knew whose phone it was and made no effort to return it. He pulled up the Facebook app right after finding the phone. He knew the owner was an Apple engineer. The way I see it, Hogan had three honest options at that point:

1) Get a hold of Powell and tell him he had the phone.

2) Give it to the bar to the owner of the establishment and let him know Powell's contact info from facebook.

3) Leave the phone where he found it and walk away.

Hogan took the phone instead and decided to sell it to a gadget blog. He knew what he was doing. He knew it was not his. That's just wrong. If I set my wallet on a table and step away for a moment it does not make it fair game for anybody who wants it. Taking it is still stealing.

I think the number of people who want Hogan to get off without a conviction want that because they probably also lack the decency to return something that does not belong to them.

One of my favorite movie scenes of all time is the beginning of The Family Man (with Nicholas Cage) where the angel in disguise gives somebody the wrong amount of change to see if they will be honest about pointing that out and giving it back. The person takes the money and leaves and the angel is left there disappointed in the state of humanity.

If Hogan had integrity and returned the device he may have even gotten a nice reward for it. Instead he let his greed overcome him and made the wrong choice. His friends even urged him to return it. It sounds like the guy needs to learn a lesson about this the hard way if you ask me.
Score: 4 Votes (Like | Disagree)
PeterQVenkman Avatar
147 months ago
Something found and sold shouldn't be a crime.
You can't think of any situation where that could be a problem?


Back on topic - I still want them to go after gizmodo/gawker for buying it, just because I think they are scum/hacks who call themselves journalists but only pretend to be when they need legal protection from something they did wrong.
Score: 4 Votes (Like | Disagree)
marksman Avatar
147 months ago
Guilty. Throw the iBook at them
Score: 4 Votes (Like | Disagree)
Mars478 Avatar
147 months ago
I can't believe this has dragged on out for SOOO long...
Score: 4 Votes (Like | Disagree)

Popular Stories

Emergency SOS via Satellite iPhone YT

Apple's iPhone 14 Emergency SOS via Satellite Feature Saves Stranded Man in Alaska

Thursday December 1, 2022 4:37 pm PST by
With the launch of iOS 16.1, Apple rolled out a Emergency SOS via Satellite, which is designed to allow iPhone 14 owners to contact emergency services using satellite connectivity when no cellular or WiFi connection is available. The feature was put to the test in Alaska today, when a man became stranded in a rural area. In the early hours of the morning on December 1, Alaska State Troopers ...
General iOS 16 Feature Yellow

iOS 16.2 for iPhone Launching This Month With These 8 New Features

Thursday December 1, 2022 8:44 am PST by
Apple plans to publicly release iOS 16.2 for the iPhone in mid-December, according to Bloomberg's Mark Gurman. The update remains in beta testing for now, with at least eight new features and changes already uncovered so far. iOS 16.2 introduces a number of new features, including Apple's new whiteboard app Freeform, two new Lock Screen widgets for Sleep and Medications, the ability to hide...
iOS 16

Apple Releases iOS 16.1.2 With Carrier Improvements and Crash Detection Optimizations

Wednesday November 30, 2022 10:09 am PST by
Apple today released iOS 16.1.2, another minor bug fix update that comes one week after the release of iOS 16.1.1 and three weeks after the launch of iOS 16.1, an update that added support for iCloud Shared Photo Library, Matter, Live Activities, and more. The iOS 16.1.2 update can be downloaded on eligible iPhones over-the-air by going to Settings > General > Software Update. According...
iPad 10 Battery Pull Tabs

iPad 10 Teardown Reveals Why Device Isn't Compatible With Apple Pencil 2

Thursday December 1, 2022 10:48 am PST by
Do-it-yourself repair website iFixit today shared a video teardown of Apple's new 10th-generation iPad, providing a closer look inside the tablet and revealing why the device lacks support for the second-generation Apple Pencil. The teardown reveals the internal layout of the iPad, including its two-cell 7,606 mAh battery, logic board with the A14 Bionic chip, and more. As suspected, the...
iOS 16

When Will iOS 16.2 Be Released?

Friday December 2, 2022 2:13 pm PST by
Apple in late October began testing iOS 16.2 and iPadOS 16.2 updates, providing betas to both developers and public beta testers. As of now, we've had four total betas, with the fourth beta having been released earlier this week. iOS 16.2 and iPadOS 16.2 are expected before the end of the year, and we thought we'd try to narrow down the launch timeline. With only four betas released since...
14 vs 16 inch mbp m2 pro and max feature 1

Major RAM Upgrade Coming to Next-Generation MacBook Pro

Friday December 2, 2022 2:03 am PST by
The next-generation MacBook Pro models could feature faster RAM, according to a recent report from a reliable source. MacRumors Forums member "Amethyst," who accurately revealed details about the Mac Studio and Studio Display before those products were announced, recently provided information about Apple's upcoming 14- and 16-inch MacBook Pro models. The new machines are expected to feature...
iOS 16

Apple Still Has These 5 Things to Release Heading Into 2023

Thursday December 1, 2022 7:12 am PST by
The calendar has turned to December and that means Apple has only one month left to fulfill its promises of releasing an Apple Music Classical app and expanding its self-service repair program to Europe before the end of 2022. Delays are always possible, of course, so the plans could be pushed back to 2023. In any case, we have put together a list of five things that Apple still has to release...
iOS 16

Apple Seeds Fourth Betas of iOS 16.2 and iPadOS 16.2 [Update: Public Beta Available]

Thursday December 1, 2022 10:16 am PST by
Apple today seeded the fourth betas of upcoming iOS 16.2 and iPadOS 16.2 updates to developers for testing purposes, with the betas coming two weeks after Apple seeded the third betas of iOS 16.2 and iPadOS 16.2. Registered developers are able to download the iOS 16‌.2 and iPadOS 16.2 profiles from the Apple Developer Center, and once installed, the beta is available over the air. iOS...
iPhone Measure Height

Newer iPhones Allow You to Measure Someone's Height Instantly — Here's How

Saturday December 3, 2022 10:23 am PST by
iPhone 12 Pro and Pro Max, iPhone 13 Pro and Pro Max, and iPhone 14 Pro and Pro Max models feature a LiDAR Scanner next to the rear camera that can be used to measure a person's height instantly in Apple's preinstalled Measure app. To measure a person's height, simply open the Measure app, point your iPhone at the person you want to measure, and make sure they are visible on the screen from...
apple ar headset concept 2

Apple Now Calling AR/VR Headset Operating System 'xrOS'

Thursday December 1, 2022 12:57 pm PST by
Apple has decided to call the software that will run on its upcoming AR/VR headset "xrOS," an update from the original "RealityOS or "rOS" naming the company was planning on, according to Bloomberg. Render created by Ian Zelbo based on rumored information The name change comes as Apple begins to prepare for the launch of the headset, which is expected at some point in 2023. The headset will...