The judge in the Apple-Gizmodo-iPhone case released the affidavit used in the granting of the warrant for search-and-seizure at Gizmodo editor Jason Chen’s house.The affidavit contained an email from Gizmodo editor Brian Lam to Apple General Counsel Bruce Sewell. In the email, Brian says explicitly that he did not know the phone was stolen when he bought it.
If the authorities believe that Brian was telling the truth in this email, the email will be very helpful to Gizmodo’s defence against possible charges that it bought stolen goods.
On the other hand, the authorities might also argue that Brian knew that he would be cooked if he had knowingly bought stolen goods–and, therefore, planted the sentence to head off this possibility. The former interpretation seems more likely…
Here’s the excerpt of the email (which has been previously released*). Brian is telling Bruce (Sewell) where Bruce can pick up the iPhone: