It's been more than a year since law enforcement officers in San Mateo County, Calif., executed a search warrant on the home of Gizmodo editor Jason Chen. They wanted to know how he got his hands on an iPhone 4 prototype before Apple had a chance to reveal the next iteration of its touchscreen smartphone.
It turned out that Apple developer Gray Powell inadvertently left the prototype in a bar. That's where Brian Hogan found the phone. He worked with a friend, now identified as Sage Robert Wallower, to "shop" it to different publications, and eventually sold it to Gizmodo for $5,000. Gizmodo then ran its exclusive story, complete with photos.
This week, CNET News reported the San Mateo County District Attorney's Office announced Hogan is facing misdemeanor theft charges. Wallower has also been charged in relation to the incident. In a statement, Hogan's attorney, Jeff Boornstein, said:
Brian Hogan, who has never been in trouble with the law ... is extremely remorseful for not having done more to return the cell phone he found in a Redwood City bar ... Although we do not believe that charges of any kind should have been filed, Brian fully accepts responsibility of his actions. We are working cooperatively with the district attorney.
Arraignment is set for Aug. 25.
For its part in the leak, neither Gizmodo, its parent company Gawker Media, nor editor Jason Chen have been charged with criminal wrongdoing.