If you read the NYT, http://www.nytimes.com/2013/02/10/automobiles/stalled-on-the...
The reporter doesn't claim he had charged the battery fully in all occasions. He states how long he charged the car for and what the milage indicator provided.
I can argue Musk is trying to get ahead of the story and create doubt among potential buyers about the veracity of the story. That's all he needs to do.
Basically, Tesla will probably come out with data that shows the battery was not fully charged and hence why lower milage. However, the reporter says he only charged the car for the distance he thought he needed. Therefore, Tesla will be a head of the story and the headlines his PR will create is that the car was not fully charged. And most people, including readers of this site, will not do further investigation. Rest assure those who are still considering buying a Tesla will buy it not knowing if the battery might have a temperature range issue.