“Other” IPhone Prototype Case in Court

Two men suspected of selling an iPhone 4 prototype that was lost  last year in a Redwood City bar pleaded not guilty to misdemeanor charges in  San Mateo County Superior Court this morning.
    Brian John Hogan, 22, and Sage Robert Wallower, 28, are suspected  of selling the leaked phone to a techonology blog, Gawker Media's Gizmodo,  after it was found at the Gourmet Haus Staudt restaurant on March 18, 2010.
    The men were each charged with one count of misappropriation of  lost property after they allegedly arranged to sell the device for $5,000 to  the blog, which then disassembled it and posted details about the prototype  on its website.
    Chief Deputy District Attorney Karen Guidotti said the two men did  not appear in court this morning but that Hogan's attorney, Jeffrey  Bornstein, and Wallower's attorney, Elizabeth Grossman, entered not-guilty  pleas on their clients' behalf.
    At this morning's court hearing, a pretrial conference was  scheduled for Oct. 11 and a trial date was set for Nov. 28, Guidotti said.
    No charges were filed against Gizmodo employees.
    News reports surfaced Wednesday that an iPhone 5 prototype was  recently lost by an Apple employee at a San Francisco bar.
    According to a CNET report, the phone was lost in late July at  Cava 22, a restaurant and bar in San Francisco's Mission District. The  article goes on to say that San Francisco police and Apple employees visited  a home in Bernal Heights where the phone had apparently been traced.
    Apple spokesman Steve Dowling said the company is declining to  comment on the matter.
    San Francisco police spokesman Albie Esparza said he has not been  able to find a record of a police report filed by the company for its loss.  Esparza said this morning that police were awaiting a response from Apple.
    The restaurant's manager did not immediately return a call seeking  comment.

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