But 25-year-old son Parth Ingle and 22-year-old daughter Avnee Ingle are being held on hundreds of computer spying and wiretap counts after a preliminary hearing Tuesday.
Police say the children admit they knew their father was having an affair.
Parth Ingle's attorney argues that the computer software involved is not covered under state wiretap laws.
Avnee Ingle's lawyer says she did not take part in the hacking, but only knew of it.
The slaying investigation continues.
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