UPDATE: For former Hewlett-Packard Chairman Patricia Dunn, it was a swift trip from the halls of Congress to the halls of justice.
One week after testifying before a U.S. House panel about her role in HP’s pretexting scandal, Dunn had an arraignment hearing this afternoon at the Santa Clara County Superior Court in San Jose, Calif.
Tom Dresslar, spokesman for California Attorney General Bill Lockyer, confirmed Dunn was released on her own recognizance following today’s hearing, and an arraignment is now set for November 17, though that could change.
Kevin Hunsaker, a former senior lawyer for HP, surrendered earlier and has an arraignment date of December 6.
“It will be clear, when all of the facts are aired in this case, Mr. Hunsaker is not guilty of any of the charges,” said Michael Pancer, Hunsaker’s attorney, in a statement.
But Hunsaker’s arraignment date could be changed if Lockyer gets his way.
“We’re trying to get them all in on one date,” Dresslar told internetnews.com.
Dunn reportedly had a recurrence of advanced ovarian cancer and is scheduled to start chemotherapy this Friday. Dresslar would not comment on any accommodation the A.G.’s office might make.
“We’re focused on aggressively prosecuting the case, but the Attorney General has expressed sympathy for her situation,” he said.
Wednesday, Dunn, along with Hunsaker and three private investigators the company used in its boardroom media leaks investigation, were indicted for fraudulent wire communications, wrongful use of computer data, identify theft and conspiracy.
Private investigators Ron DeLia and Bryan Wagner, who live outside of California, have agreed to surrender and travel to Santa Clara for arraignment.
Bail for DeLia and Wagner is set at $50,000.
Dresslar said the third private investigator, Matthew Depante of Florida, has not yet contacted the California AG’s office.
Lockyer claims Dunn, Hunsaker and the private investigators violated California state law by using pretexting techniques to obtain the personal telephone logs of board members and journalists.
HP admits using pretexting –- assuming another’s identity to obtain personal information of another person -– in its investigation of the media leaks.
Dunn, however, claims that while she was aware HP was obtaining the personal call logs of board members and journalists, she did not know pretexting was used to get the information.
She also told lawmakers former HP general counsel Ann Baskins and Hunsaker told her the investigation was legal.
Baskins and Hunsaker invoked their Fifth Amendment rights against self-incrimination before the House panel.
According to public statements, documents released by the House panel and congressional testimony, Hunsacker directed the HP investigation on authority from Dunn.
To obtain the phone records, Hunsacker went outside HP, outsourcing the job to DeLia, the managing director of Security Outsourcing Solutions. DeLia then used the services of Depante’s Action Research Group, where Wagner is employed.
“I relied on trusted people who were lawyers and investigators to perform [the investigation],” Dunn told Congress. “Along the way I requested for and received assurances that the investigation was both legal and compliant with HP’s Standards of Business Conduct.”
