updated 01:25 pm EDT, Wed August 10, 2011
Misdemeanor charges still looming for two suspects
No charges will be brought against Gizmodo workers in the matter of a iPhone 4 prototype found last April, according to the District Attorney's office for San Mateo County. "After a consideration of all of the evidence, it was determined that no charges would be filed against employees of Gizmodo," a statement from the DA's office reads. Days after the website revealed that it had bought and examined a lost iPhone prototype, police raided the home of Gizmodo editor Jason Chen, seizing computers and hard drives.
That move drew criticism from groups like the Electronic Frontier Foundation, which called it a violation of laws protecting journalists and their sources. The officers which conducted the raid were also with California's Rapid Enforcement Allied Computer Team, on which Apple was a member of the steering committee. By the time Chen's home was searched Gizmodo had complied with a formal request from Apple to get the prototype back.
Still facing misdemeanor charges are Brian Hogan and Sage Wallower, the two people implicated in taking and selling the phone, left in a Redwood City restaurant by Apple worker Gray Powell. Both have been charged with "misappropriation of lost property," while Wallower is facing an additional count of possession of stolen property. An arraignment is scheduled for August 25th.