Yesterday we reported that the jury trial for the case of Matthew Crippen had been delayed, after the presiding judge took 30 minutes to lecture the prosecution.
Today, the prosecution has dismissed the case, after just hours, “based on fairness and justice.”
Prosecutor Allen Chiu says: “The government has decided to dismiss the indictment.”
Crippen was on trial for allegedly modding Xbox 360 consoles to be able to play pirated games and homebrew.
U.S. District Judge Philip Gutierrez started the trial off yesterday with a 30-minute rant complaining about the prosecution and the government’s case, with his main concerns being the prosecution’s “star” witnesses.
The two witnesses in the case had both potentially broken the law, making them less credible. The first,Entertainment Software Association investigator Tony Rosario, had video of Crippen modding consoles in his home in L.A. Those videos, however, were taped secretly, in violation of California’s strict privacy laws.
Microsoft security employee Ken McGrail was the second witness, the man who analyzed the consoles that were seized from Crippen’s home. McGrail, however, had admitted under oath to modifying the original Xbox and the Xbox 360 back when he was in college.
Crippen was charged with two counts of breaking the anti-circumvention provisions of the DMCA and faced up to 10 years in prison.
The 28-year-old says he will finally be able to go back to school, needing just one more year to get his degree from Cal State Fullerton.
Result for: prosecutor
Earlier in the month, former Apple employee Paul Devine was arrested and charged with selling secrets to Asian suppliers in exchange for over $2 million in kickbacks.
Devine, one of Apple’s global supply managers, was charged “with offenses that include wire fraud, money laundering and unlawful monetary transactions,” which began in 2006.
Today, federal prosecutors have alleged that Devine stashed over $150,000 in cash in shoe boxes in his home, which were then discovered by federal agents during a raid.
Devine is also said to have been hiding $20,000 in different foreign currencies.
To be released from prison on bail, Judge Howard Lloyd says Devine must transfer all cash he has in foreign bank accounts and post that along with $600,000.
It is unclear how much money will be transferred over, but prosecutors say it is “very significant.”
Devine has pleaded not guilty to the charges.
Result for: prosecutor
Last week, former Apple employee Paul Devine was arrested and charged with selling secrets to Asian suppliers in exchange for over $2 million in kickbacks.
Devine, one of Apple’s global supply managers, was charged “with offenses that include wire fraud, money laundering and unlawful monetary transactions,” which began in 2006.
This week, Devine has pleaded not guilty to the charges.
Prosecutors say Devine’s email accounts clearly show him “orchestrating” deposits from the Asian suppliers.
Furthermore, Apple has filed a civil racketeering lawsuit against Devine.
Devine worked for Apple from 2005 until this year. Apple, in their suit, allege that Devine “colllected commissions” for years from at least six Asian supplier in exchange for confidential information that helped them to secure deals.
