That's not a very compelling analogy. A pocket electronic device abandoned in a public bar is nothing like an automobile parked outside with the keys still in it. No one could reasonably expect a person's behavior towards the two settings to be similar. As to stolen goods, not stolen if Apple denies ownership. The guy who found the phone did contact Apple, he did something. Should he also have contacted the individual (Powell)? You bet! But legal obligation to do so is deniable - he contacted Apple who are the true owners. In any event, not Gizmodo's problem. And they did call Powell.
The timeline is pretty consistent with everything I heard. So before admonishing folks for not having their facts straight, what facts aren't straight? And no, if you're planning on going there, I don't consider hiding behind "it was the police, not us, who broke down the door" to be valid. That whole event is so wrong on so many levels it's just creepy.
I'm sure they have good lawyers - and they're going to need them. Because I bet there are plenty of sharks hoping to make their name pro-bono on Gizmodo's behalf on this mess. In the end, this will blow over - but Apple looks like a bunch of jackasses right now.