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
129 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
129 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
129 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
129 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
129 months ago
Guilty. Throw the iBook at them
Score: 4 Votes (Like | Disagree)
Mars478 Avatar
129 months ago
I can't believe this has dragged on out for SOOO long...
Score: 4 Votes (Like | Disagree)

Top Stories

nothing ear 1 buds 1

Nothing 'Ear (1)' True Wireless Earbuds Launch to Take on AirPods Pro With ANC and Unusual Design for $99

Tuesday July 27, 2021 7:57 am PDT by
Nothing, a new brand from OnePlus founder Carl Pei, has today officially launched the "Ear (1)" true wireless earbuds after months of anticipation around the company's AirPods Pro rival. The Ear (1) features an in-ear design, Active Noise Cancelation, Bluetooth 5.2, IPX4 water resistance, and a charging case with Qi-compatible wireless charging and a USB-C port. Fast pairing is supported on...
iPhone 13 Always On Feature

iPhone 13 to Bring Over a Major Feature From the Apple Watch

Wednesday July 28, 2021 2:21 am PDT by
Apple's upcoming iPhone 13 lineup will feature an always-on display akin to the Apple Watch Series 5 and Series 6, according to recent reports. In his weekly Power On newsletter, Bloomberg journalist Mark Gurman, who often reveals accurate insights into Apple's plans, said that the iPhone 13 may feature an Apple Watch-inspired always-on mode. The Apple Watch Series 5 and Apple Watch...
duracell battery bitter coating

Apple Says Don't Buy AirTag Replacement Batteries With Bitter Coating

Wednesday July 28, 2021 11:08 am PDT by
Since AirTags were just released earlier this year and are expected to have a year-long battery life, it may be some time yet before AirTag users need a replacement battery, but when the time comes for a refresh, Apple is warning customers not to buy batteries with a bitter coating. AirTags use coin-shaped CR2032 batteries, which happen to be a size that's easy to swallow. Some battery...
iPad mini pro feature 2

iPad Mini 6 to Feature 8.3-Inch Display With No Home Button and Narrower Bezels

Monday July 26, 2021 12:26 pm PDT by
The sixth-generation iPad mini that's in the works will have an 8.3-inch display, according to display analyst Ross Young. That will be larger than the current 7.9-inch display, with the larger size due to the removal of the Home button and a narrower bezel design. Rumors about the iPad mini 6 have been picking up in recent weeks ahead of its prospective launch this fall. Apple analyst...
iOS 15 General Feature Purple

Everything New in iOS 15 Beta 4: Safari Tweaks, MagSafe Battery Pack Support, Notification Updates and More

Tuesday July 27, 2021 11:47 am PDT by
Apple today released the fourth betas of iOS 15 and iPadOS 15, introducing additional refinements to the new features that are coming in the software updates. In these betas, Apple has introduced changes for Safari, Notifications, Focus mode, and more. Safari Updates Apple is continuing to refine the design of Safari on the iPhone, and in iOS 15, there are tweaks to improve usability. ...
new m1 chip

Tim Cook on Apple Deciding to Manufacture Components: 'We Ask Ourselves If We Can Do Something Better'

Tuesday July 27, 2021 3:04 pm PDT by
During today's earnings call for the third fiscal quarter of 2021 (second calendar quarter), Apple CEO Tim Cook was asked how Apple decides what components to purchase and what components to develop, and Cook said that Apple asks if it can be done better. We ask ourselves if we can do something better. If we can deliver a better product. If we can buy something in the market and it's great...
iPad Pro Feature Magenta

Mac Otakara: iPad Air 5 to Feature iPad Pro-Like Design, No Design Changes Coming to iPad Mini 6 or iPad 9

Tuesday July 27, 2021 11:06 am PDT by
The next-generation iPad Air will feature a design that's similar to the third-generation iPad Pro, according to Japanese site Mac Otakara. Citing a Chinese supplier, the site says that the fifth-generation iPad Air will continue to feature a 10.9-inch display and a Touch ID button on the side, but it will gain a dual-lens camera system with Wide and Ultra Wide cameras. A LiDAR Scanner is ...
Apple Leak Feature

Apple Demands Leaker Reveals Sources Under Threat of Being Reported to Police

Wednesday July 28, 2021 6:53 am PDT by
Apple has sent a cease and desist letter to a leaker based in China as part of its continuing attempts to curtail leaks of unreleased products, according to Vice. A Chinese citizen who shared images of stolen Apple prototypes on social media was sent a warning letter from Fangda Partners, Apple's law firm in China, on June 18, 2021. An extract from the letter read:You have disclosed without ...
iOS 14 on iPhone feature emergency

Apple Releases iOS and iPadOS 14.7.1 With Fix for Touch ID Apple Watch Bug

Monday July 26, 2021 9:48 am PDT by
Apple today released iOS and iPadOS 14.7.1, minor bug fix updates that come just a week after the release of iOS 14.7, software that introduced new Apple Card features and support for the MagSafe Battery Pack. The iOS and iPadOS 14.7.1 updates can be downloaded for free and the software is available on all eligible devices over-the-air in the Settings app. To access the new software, go to...
General iOS 14

iOS 14.7.1 and macOS Big Sur 11.5.1 Patch Security Vulnerability That May Have Been Actively Exploited

Monday July 26, 2021 11:55 am PDT by
Apple today released unexpected iOS 14.7.1 and iPadOS 14.7.1 updates to the public, and according to a newly released support document, the software addresses a serious security vulnerability that may have been exploited in the wild. Apple says that an application may have been able to execute arbitrary code with kernel privileges due to a memory corruption issue. "Apple is aware of a report ...