In the third day of the Xbox 360 modchip case, which accused defendant Matthew Crippen of hacking consoles to run pirated software, prosecutor Allen Chiu told the judge: “The government has decided to dismiss the indictment.”
The dismissal yesterday followed a rocky start to the trial in which US District Judge Philip Guitierrez was critical of the prosecution’s case, delaying the opening statements on Wednesday.
The prosecution’s first witness, Tony Rosario, testified that Crippen was observed placing a pirated game into a console, however there was no such statement in Rosario’s written reports or sworn declarations. Crippen’s use of pirated software was crucial to the government’s case as evidence that he had broken the law.
As a result of the late-coming evidence, prosecutor Allen Chiu conceded that “we should have disclosed that to the defense right away,” and moved to dismiss the case as the government had made errors in its prosecution.