Not guilty pleas given in iPhone 4 prototype case

Brian Hogan and Robert Sage Wallower, the two men that have been charged with stealing a prototype of Apple's iPhone 4 in March 2010, both pleaded not guilty in their first court appearance today. News.com reports that both men entered their pleas today in a Redwood City, California court with Superior Court Judge Jonathan Karesh presiding. Judge Karesh set a date of October 11 to hold a pretrial conference in the case. The actual trial date was also scheduled today. It will be held on November 28. The judge then released both Hogan and Wallower on their own recognizance.

Back in August, the District Attorney of San Mateo County, California filed misdemeanor charges against both Hogan and Wallower. Hogan, 22, was charged with one count of misappropriation of lost property while Wallower, 28, was charged with misappropriation of lost property, and possession of stolen property. Hogan claimed he found the prototype iPhone 4 in a bar in Redwood City back in March 2010, several months before the final version of Apple's popular smartphone was released. The prototype was accidentally left at the bar by an Apple employee.

Hogan sold the iPhone 4 prototype to gadget web site Gizmodo for $5,000. The site later posted an extensive article based on examining the prototype but later returned the phone to Apple. The district attorney for the case decided in August not to press charges against Gizmodo's owner Gawker Media nor the article's author Jason Chen.

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19 Comments

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Finding something that was lost, was not illegally aquired. DUH!!!!
What's up with you guys?! You show no sense of common sense whatsoever.

The device was "lost" he identified it as a lost iPhone. He called Apple and they refused to lay claim to it being lost. So he sold it. What did he do wrong? Nothing. Based on the laws in his state, such a device has to be turned in or whatever.

Who in the world would turn in such. Apple knew the phone was lost. They coudl have alerted all CSR's that if someone calls reporting it lost to get information so it can be recovered and they could have offered a reward for the honesty. But instead they brought up bogus charges. if I was the guy I would be in court cussing the crap out of APple and telling them how much they are going to pay for what they did to me. That is a fact.

They are roofless nasty sticking *******. Thats why their stores get broken into and they crap gets ripped off. I think they should burn the stores down in protest. If this was happening to someone in the Middle East I bet they woudl drive a car bomb into the store while people are in their looking. Bec no one really buy anything. Where I live its just a tourist attraction. Looks like an ugly museum.

They didnt steal anything. if you lose something and I find it, it is lost. If I find it in a bar and ask around and no one claims it, then its mine.

What I woudl due is sue Apple for false charges and say, if you want the lawsuit dropped, you drop the charges. If not I will sue the sh*t out of you. Even if I dont get a dime I will drag you through the court and make you spend the money.

Knowing me I would do much worse. I woudl go and rent a big ass truck and smash it through one of their stores and steal whatever I can get my hands on an leave. Just like several stores have been broken into already.

It's sad they aren't doing anything to the Gawker/Gizmodo, and singling out this one man. May be, to set an example of him, so in future if any iPhone X is left in a bar, it may get a better treatment.

FMH said,
It's sad they aren't doing anything to the Gawker/Gizmodo, and singling out this one man. May be, to set an example of him, so in future if any iPhone X is left in a bar, it may get a better treatment.

Indeed it is strange, as far as I know buying something that you know or even suspect might be stolen is an illegal act... Gizmodo can't honestly say they didn't suspect the device was fully legally acquired by the man selling it to them for $5000...

FMH said,
It's sad they aren't doing anything to the Gawker/Gizmodo, and singling out this one man. May be, to set an example of him, so in future if any iPhone X is left in a bar, it may get a better treatment.

Yes it will get better treatment. If I find one I will take it to my house drop it into a pot of gasoline and set it on fire and record it and send it to Apple and dare them to send anyone to my house.

Any Apple employee who steps on my lawn will become Applesauce...lol

TechieXP said,

Yes it will get better treatment. If I find one I will take it to my house drop it into a pot of gasoline and set it on fire and record it and send it to Apple and dare them to send anyone to my house.

Any Apple employee who steps on my lawn will become Applesauce...lol


You've got some processors dude.

my cousin works at RIM in the testing department and he said he cant take the devices out of his office area so how could Apple be so stupid and let employees take test devices home.

rmorris003 said,
my cousin works at RIM in the testing department and he said he cant take the devices out of his office area so how could Apple be so stupid and let employees take test devices home.

Pretty sure its a deliberate move by Apple to get some publicity. Other than that its not uncommon to take devices out of a test environment and use them day-to-day late in the life cycle, its called field testing.

While governments at every level across the country are facing severe deficits, we are using taxpayers dollars to prosecute 2 guys for finding a lost phone. But that's what happens when Apple turns the police and courts into their own personal hitmen, yet nobody cares.

stunts said,
lesson is, don't try sell an iphone prototype if you find one.
More like - "If you find a iPhone prototype and want to sell it then do it for cash only in a parking lot somewhere and never give them your real name".

I can't be the only 1 who thinks it's weird that, out of any time to choose when to do this, they do it when an iPhone 5 is stolen.

InterceptorX said,
Lesson here? Don't take prototypes to bars and drink... There are plenty of other places to field test devices.

Yeah, but then someone complains all the iPhone 5's and 6's don't work in bars

Amarok said,
It's kind of ridiculous that this is still going on.

Yeah, they don't let go, do they. Despite of the success of iPhone 4

:: Lyon :: said,

Yeah, they don't let go, do they. Despite of the success of iPhone 4


What does the success of the device have to honestly do with the charges? Even if the device bombed, doesn't alter the facts/charges.