Dunn Appears in Court in HP Spy Probe

Hewlett-Packard Company's Patricia Dunn speaks during a news conference at HP headquarters in a Palo Alto, Calif. file photo from March 30, 2005. California's attorney general will seek criminal indictments Wednesday against former Hewlett-Packard Co. Chairwoman Patricia Dunn and four others involved in the corporate spying scandal, according to news reports. Citing people familiar with the case, The New York Times and BusinessWeek reported that Dunn, Kevin Hunsaker, HP's ousted chief ethics officer, and Ronald DeLia, a Boston-area private investigator, would each face criminal charges. Two other outside investigators Joseph DePante of Melbourne, Fla. and Bryan Wagner of Littleton, Colo. were also being charged, the Times said. (AP Photo/Paul Sakuma, File) (Paul Sakuma - AP)

At a news conference Wednesday, California Attorney General Bill Lockyer said his investigation of the company, long revered for its ethics and professionalism, was not yet complete and hinted more charges could be ahead.

Arrest warrants were issued and a prosecution spokesman said Thursday that attorneys for all the defendants except DePante had been contacted and their clients agreed to voluntarily surrender.

Hunsaker's lead lawyer, Michael Pancer, reiterated Thursday that his client had been assured of the legality of the tactics and was fired from HP when he refused to resign.

"At no time did he _ or would he _ ever authorize or engage in any activity that he thought was illegal," Pancer said in a statement.

The telephone rang unanswered Thursday morning at DePante's office in Melbourne, Fla. No listed home number for him could be located. Wagner did not immediately return a call.

DeLia had previously asserted his innocence in a statement he read to the Associated Press, but has declined to elaborate or take questions.

After the charges were filed, HP said that it is cooperating with Lockyer as well as federal authorities who are also exploring possible criminal charges. The Palo Alto-based company declined further comment.

In all, the personal data of more than 24 people were compromised, including one instance in January when an investigator changed the password for a reporter's cell phone and viewed her call log for nine minutes, according to the criminal complaint.

Dunn, who was infuriated by a leak about a private board retreat, ordered the investigation but said she didn't know the detectives used such extreme measures. She resigned from the board last month.

Hunsaker oversaw the probe, and left the company on Sept. 26.

DeLia runs a Boston-area detective firm called Security Outsourcing Solutions, a longtime HP contractor commissioned to conduct the leak probe.

DeLia in turn hired DePante's company to gather information, and Wagner was hired to obtain the private phone records. According to the complaint, Wagner acknowledged destroying the computer linking him to the HP probe "because it had incriminating evidence on it and he would not assist in locating it."

Pretexting will become a criminal offense in California when a new law signed by Gov. Arnold Schwarzenegger takes effect Jan. 1. Violators will be punished by $2,500 in fines and up to a year in jail, though the law will not retroactively apply to the HP investigation.