Two men facing misdemeanor charges for selling a lost iPhone 4 prototype to a technology blog rather than returning it to Apple might accept plea deals today.
Prosecutors say Brian John Hogan, 22, of Redwood City found the prototype at a Redwood City bar, where an Apple engineer had left it, and then Hogan and pal Sage Robert Wallower, 28, of Emeryville sold it to Gizmodo blogger Jason Chen for $5,000, prosecutors said.
Details of settlement discussions between prosecutors and defense attorneys have not been disclosed. But San Mateo County District Attorney Steve Wagstaffe said Monday there is a “real possibility” the case will be resolved during a pretrial hearing at 8:30 this morning.
Hogan and Wallower have pleaded not guilty to theft charges. Their trial is scheduled to begin Nov. 28.
No charges were filed against the bloggers who bought, disassembled and revealed the phone’s features. Gizmodo, and parent company Gawker Media, argued it was protected by the First Amendment and state law guarding material gathered by journalists for publication.
More recently, it was reported that another Apple employee might have left a prototype — possibly the newest iPhone — at a Mission district bar and restaurant in July.