The search warrant that was used to seize evidence related to the stolen next-gen iPhone that Gizmodo wrote a story on, has been ordered unsealed.
Now, CNET did some crack reporting and obtained the documents, and it comes down to this: Jason Chen, the editor at Gizmodo that covered the story, was considered a suspect for three felonies: purchase or receipt of stolen property, theft of trade secrets, and malicious damage to another person’s property.
The affidavit also includes testimony from the finder of the iPhone, Brian Hogan, had received some $8500 from Gizmodo for the phone, and the potential for a bonus if Apple actually released the device later this summer.
The document also states that Hogan’s roommate contacted the police to cover her own skin, and only after connecting the iPhone to computer, fearing that Apple could trace it back to her. She later cooperated with the police an told them about several pieces of evidence Hogan and an acquaintance removed from the apartment: a desktop computer, USB flash drive, memory card, and stickers that were on the device itself. The stickers were later found in a gas station parking lot, and under a bush on church grounds of all places.
Apparently the device fell out of a bag owned by the Apple engineer who lost the prototype. Another person in the bar handed the device to Hogan instead, thinking it was his.
Notice how Hogan didn’t do the right thing, and say it wasn’t his, or help find the real owner. He just took it. Like an ass. Only later did he realize he had something more than a regular iPhone.
Hogan’s roommate tried to talk him out of selling the iPhone, stating the obvious–that this move could destroy someone’s career. Hogan’s response? “Sucks for him. He lost his phone. Shouldn’t have lost his phone.”
Someone should have told Hogan that there isn’t a “finders keepers losers weepers” law in California.
The document goes on to mention Gizmodo editor Brian Lam’s email that had been sent to Apple CEO Steve Jobs. The email was a rant stating that Apple PR hadn’t been showing them any love so they jumped on this story.
The thing is, Apple PR has been cold to us lately. It affected my ability to do my job right at iPad launch. So we had to go outside and find our stories like this one, very aggressively.
Right, make it the victim’s fault. Classy. Apple might have paid you’re organization attention prior to these events, if it hadn’t relegated itself to “rag” status years ago.
Lastly, the document notes that the iPhone had received actual damage after Gawker clawed it open to take a look inside. Things like broken cable ribbons, and improperly inserted screws.
In summary, it sounds like Chen is toast, Hogan is a money-grubbing ass who was willing to destroy someone else’s career for petty cash. Plenty of blame and shame to go around, and Gawker has proven that they have no credibility.
My thanks to Wired, who offers the entire affidavit here.
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