gizmodo chen iphone 4 prototype
Late yesterday, CNET reported that Brian Hogan and Sage Wallower, the two men involved in finding a lost iPhone 4 prototype in a Redwood City, California bar last year and selling it to Gizmodo, have pleaded no contest to the theft charges that had been brought against them. The two men were each sentenced to one year of probation and 40 hours of community service, and were required to pay $250 in restitution to Apple.

"We asked for some jail time," [Steve] Wagstaffe, the district attorney, said today. "The judge considered that Wallower had served in the armed forces and Hogan was enrolled in San Jose State, and neither had any criminal record, and decided that jail time wasn't required. Someone from my office called Apple's general counsel. This is a fairly routine theft case. This was a couple of youthful people who should have known better."

In a follow-up report relating an interview with Wagstaffe, CNET shares that Gizmodo was ultimately cleared of any charges related to the case because of a lack of evidence. Wagstaffe did, however, have some harsh words for the behavior of Gizmodo's staff.

Wagstaffe said, however, that his office's review of the computers seized from [Gizmodo editor Jason] Chen's home showed the correspondence between Gizmodo editors was "juvenile."

"It was obvious that they were angry with the company about not being invited to some press conference or some big Apple event. We expected to see a certain amount of professionalism--this is like 15-year-old children talking," Wagstaffe said. "There was so much animosity, and they were very critical of Apple. They talked about having Apple right where they wanted them and they were really going to show them."

The district attorney's office had specifically looked for evidence of Gizmodo's participation in theft leading to possession of stolen property, as well as potential extortion, but did not find sufficient evidence to support either charge.

Top Rated Comments

Žalgiris Avatar
124 months ago
Sentence was too harsh. Just the cost to defend was more than adequate punishment.

Asking for jail time was simply over the top.

Our legal system at its finest. More tax dollars now being spent to support probation.

Stupid.
Let it slide, right? or better just let them pay whatever it would have cost to defend and let them continue doing stuff like this?

Now they have a record and if they attempt anything like this in that year they will be someones sweethearts. I think all is fair here.
Score: 2 Votes (Like | Disagree)
cshearer Avatar
124 months ago
This is ridiculous. Jail time? Do we know the FACTS of all this? Has it been PROVEN in court that these men acquired the prototype through illegal means? For heavens sake, Apple "lost" a 2nd prototype at a bar...so I think the quick answer that they (or someone they dealt with) "stole" the prototype is horribly indefensible. I cant believe the DA would suggest jail time for this, in light of the truly horrible offenses that people commit daily without equal punishment.

A SWAT raid on the man's house, and now this? I would sue the hell out of Apple and the police force for this disgusting amount of harassment. These men now have criminal records.
Junk thought like this is a plague in our society.

As many have said in this thread, what they did was criminal, and no matter how large or small, you will get punished if caught and found guilty.

A few months ago I got fined and ticketed for speeding. I was going 70mph in a 55mph zone.

Is this a dangerous speed? No, conditions were ideal.

Was I breaking Pennsylvania's road laws? Yes.

Did I know that I could potentially be fined and possibly have points applied to my license for doing this? Of course.

Did I bitch about it? Of course.

Did I try to peg the blame on someone else or blame our supposedly backwards and corrupt criminal justice system and did my friends suggest I "sue the hell out of" the HPD for the trauma of flashing lights in my eyes? Of course not, because I use the gray lump of matter in my head known as my brain.
Score: 2 Votes (Like | Disagree)
Maximillian Avatar
124 months ago
Gizmodo kinda reads like a bunch of 15 year olds, so I'm not really that surprised. I mean, I still go there every day, but I'm started to ask myself 'why?'
Score: 2 Votes (Like | Disagree)
fidelityrevo Avatar
124 months ago
Outrageous sentence

A sentence of a years probation for this is outrageous. That means if they get picked up for anything in the next year they could go to jail. There is no justice in this. Apple contractors pay wages so low to Chinese workers that some killed themselves in dispair, who is in jail from that? Chinese workers poisoned by chemicals in iPhone plant, who is jailed for that? Where are the indictments for Jobs and the board of Apple for allowing human rights violations in their plants. The disparity of treatment reflects the power of greedy corporations to absolute impunity, while the rest of us are treated like rats. It would be one thing to require community service, but probation is beyond the pale.
Score: 1 Votes (Like | Disagree)
NeverhadaPC Avatar
124 months ago
Corporations > people.

The Money Crimes of 2008 are still unpunished, but two guys who find a device in a bar and sell it on are charged with a crime and Apple wants to put them in jail.

Who is the legal system protecting...
Score: 1 Votes (Like | Disagree)
D-Dave Avatar
124 months ago
Wagstaffe did, however, have some harsh words for the behavior of Gizmodo's staff.


Wagstaffe said, however, that his office's review of the computers seized from [Gizmodo editor Jason] Chen's home showed the correspondence between Gizmodo editors was "juvenile."

"It was obvious that they were angry with the company about not being invited to some press conference or some big Apple event. We expected to see a certain amount of professionalism--this is like 15-year-old children talking," Wagstaffe said. "There was so much animosity, and they were very critical of Apple. They talked about having Apple right where they wanted them and they were really going to show them."
The district attorney's office had specifically looked for evidence of Gizmodo's participation in theft leading to possession of stolen property, as well as potential extortion, but did not find sufficient evidence to support either charge.

While I do not have much sympathy for Gizmondo, I am pretty shocked by the behaviour of Wagstaffe.
His job was to review evidence on the suspects computers, which he did not find. Maybe there are no privacy rules this distict attorney has to comply with but to me it is common sense that his only statement should have been "We did not find sufficient evidence to support any charges."
Anthing else he stated was personal judgment which does not seem to be appropriate for someone paid to be a neutral part of the legal system!
Score: 1 Votes (Like | Disagree)

Top Stories

samsung experience 1

Samsung's 'iTest' Lets You Try a Galaxy Device on Your iPhone

Thursday April 8, 2021 12:42 pm PDT by
Samsung has launched "iTest," an interactive website experience that's designed to allow iPhone users to test out Android on a Galaxy device, or "sample the other side," as Samsung puts it. Subscribe to the MacRumors YouTube channel for more videos. The iTest website is being advertised in New Zealand, according to a MacRumors reader who came across the feature. Visiting the iTest website on...
pixel watch prosser leak

Google Pixel Watch Allegedly Leaks with Circular Design, Rumored to Launch in October

Monday April 12, 2021 2:49 am PDT by
Renders of Google's first smartwatch, codenamed "Rohan," have been shared by Jon Prosser, showing that Google plans to adopt a circular design for its flagship wearable watch. Prosser shared the renders in an episode of his YouTube show "Front Page Tech," in which he claims they were made based on marketing material he had seen from a source within Google. The renders show that the Pixel...
AppleTV and HomePod Feature

Bloomberg: Apple Working on New Apple TV With Integrated HomePod Speaker and FaceTime Camera

Monday April 12, 2021 3:32 am PDT by
Apple is working on a combined Apple TV with HomePod speaker that has a camera for video calls through a connected television set, according to Bloomberg's Mark Gurman. From the report: The company is working on a product that would combine an Apple TV set-top box with a HomePod speaker and include a camera for video conferencing through a connected TV and other smart-home functions,...
nba tracking prompt orange

Two-Thirds of iPhone Users Expected to Block Ad Tracking

Friday April 9, 2021 7:19 am PDT by
As many as 68 percent of iPhone users are expected to deny advertisers permission to track them thanks to Apple's App Tracking Transparency feature, in what is beginning to look like a significant blow to the advertising industry (via AdWeek). With the launch of iOS 14.5, apps will have to receive explicit user permission before accessing an iPhone's advertising identifier or IDFA, which is...
fake airpods 3

Counterfeit 'AirPods 3' Hit the Market Prior to Official Announcement

Friday April 9, 2021 2:45 am PDT by
Apple is expected to launch the third iteration of AirPods in the third quarter of this year. Rumors and reports suggest the new AirPods will feature an updated design more in line with the AirPods Pro, but lacking in "Pro" features such as active noise cancellation. Despite AirPods 3 not yet being officially announced by Apple, counterfeit products of the unreleased earbuds have already hit ...
Top Stories 56 Feature

Top Stories: 'Find My' Expansion, iPhone 13 Pro Mockup, Largest-Ever iMac?

Saturday April 10, 2021 6:00 am PDT by
Apple's AirTags may still be nowhere to be seen nearly two years after signs of them were first discovered, but Apple this week launched its Find My network accessory program that will let third-party devices integrate with the Find My app on Apple's platforms to make it easy to keep track of your items. This week also saw fresh rumors about the upcoming "iPhone 13" and new iMacs, while...
ehric

iPhone 12 Mini Missing From Top 5 Best Selling Smartphone List of January 2021

Friday April 9, 2021 4:58 am PDT by
According to market data compiled by Counterpoint Research, Apple's smallest iPhone since the 2016 iPhone SE, the iPhone 12 mini, struggled to obtain a spot in the top five list of best-selling smartphones in January of this year. According to the market data, the iPhone 12 mini came in eighth place for the best-selling smartphone worldwide in the first month of the year. However, the iPhone ...
sonny 2021 ipad mini pro dummies

Leaked Dummy Units Show iPad Mini 6 With Thick Bezels and Home Button, New iPad Pro Models

Thursday April 8, 2021 2:11 am PDT by
Rumors suggest Apple will release refreshed versions of the iPad mini and iPad Pro models in the first half of this year, potentially as soon as this month, and a new leak today has provided us with a possible preview of what to expect in terms of the devices' overall design and camera prospects. Tech leaker and Apple blogger Sonny Dickson this morning shared images on Twitter showing dummy ...
Google maps feaure green

Google Maps App for iOS Finally Updated After Four Months

Monday April 12, 2021 10:03 am PDT by
Following the completed rollout of App Privacy labels for its App Store apps, Google today updated the Google Maps app for the first time in four months. Apple in December began requiring all new app submissions and app updates to include App Privacy labels, detailing the data that is collected by the app so consumers know what they're sharing. Google didn't begin implementing App Privacy ...
epic iap feature 3

Tim Cook Says App Store Would Become a 'Flea Market' if Third-Party Payment Systems Were Allowed

Monday April 12, 2021 9:41 am PDT by
In a recent interview with the Toronto Star, Apple CEO Tim Cook spoke about a wide variety of topics, ranging from App Tracking Transparency to Apple's ongoing legal battle over App Store policies with Fortnite creator Epic Games. Notably, Cook said that Epic Games' desire for Apple to let developers offer their own payment systems in apps "would make the App Store a flea market":At the...