mcavic - 2:36 pm on Apr 27, 2010 (gmt 0)
"left in a bar" does not equal "theft"
If he had taken it and kept it for his own personal use, he might be able to make a "finders keepers" argument. But the problem is that he sold it for $5,000. The only person who would pay that amount is someone with the intention of extracting Apple's secrets from it.
That being said, the phone never should have been in the bar in the first place.