Cyberbully Mom Guilty Of Lesser Charge

Jury Rejects Felony Charges In Case Linked To 13-Year-Old Girl's Suicide

(CBS/AP)  A Missouri mother on trial in a landmark cyberbullying case was convicted Wednesday of misdemeanor computer charges instead of felonies in a cruel Internet hoax played on a 13-year-old girl who later committed suicide.

The federal jury could not reach a verdict on a conspiracy charge against 49-year-old Lori Drew and rejected three other felony counts of accessing computers without authorization to inflict emotional harm on the girl.

Instead, the panel convicted her of three lesser offenses of just accessing computers without authorization. Each of those counts is punishable by up to one year in prison and a $100,000 fine. Drew faced up to 20 years in prison if convicted of the four original counts.

U.S. District Court Judge George Wu declared a mistrial on the conspiracy count. There was no quick decision on retrying the count.

But prosecutors who argued that Drew's mean-spirited taunts led a teen girl to suicide didn't get the verdict they wanted, CBS News' John Blackstone reports. But legal experts say the government's use of anti-computer hacking laws seemed to stretch the law.

"The jury is telling prosecutors 'You went too far,'" said CBS News Legal Analyst Andrew Cohen "Lori Drew may be guilty of doing bad things with a computer, but she certainly isn't guilty of a felony."

Still Tina Meier, the mother of the young victim, says the verdict sends a message to other cyberbullies.

"My hope is that, if nothing else, that this story gets out to other people and people think about what they do before they get on the Internet and start harassing other people," Meier said. "That has been my hope from the beginning."

Drew did not show any visible emotion when the clerk read the verdicts. Her attorney, Dean Steward, said later that Drew was "puzzled" by the verdict and he had to explain the difference between felonies and misdemeanors to his client, who remained free on bond.

"I don't have any satisfaction in the jury's decision," Steward said. "I don't think these charges should have ever been brought."

Meier said afterward she believes Drew deserves the maximum three years in prison.

"It's not about vengeance, it's about justice," she said.

Most members of the six-man, six-woman jury left court without speaking to reporters. One juror, who would only identify himself by the first name, Marcilo, indicated jurors were not convinced Drew's actions involved the intent alleged by prosecutors.

"Some of the jurors just felt strongly that it wasn't tortuous and everybody needed to stay with their feeling. That was really the balancing point," he said.

The case hinged on an unprecedented - and, some legal experts say, highly questionable - application of computer-fraud law.

Prosecutors said Drew and two others created a fictitious 16-year-old boy on MySpace and sent flirtatious messages from him to teenage neighbor Megan Meier. The "boy" then dumped Megan, saying, "The world would be a better place without you." Megan promptly hanged herself with a belt in her bedroom closet in October 2006.

Prosecutors said Drew wanted to humiliate Megan for saying mean things about Drew's teenage daughter. They said Drew knew Megan suffered from depression and was emotionally fragile.

"Lori Drew decided to humiliate a child," U.S. Attorney Thomas O'Brien, chief federal prosecutor in Los Angeles, had told the jury in his closing argument. "The only way she could harm this pretty little girl was with a computer. She chose to use a computer to hurt a little girl, and for four weeks she enjoyed it."

O'Brien said it was the nation's first cyberbullying trial.

After the verdict, O'Brien said the jury's decision sent a clear message and he was comfortable with it.

"If you have children who are on the Internet and you are not watching what they are doing, you better be," he said.

But some legal experts have suggested that O'Brien overreached and that a conviction might not stand up on appeal.

Drew was not directly charged with causing Megan's death. Instead, prosecutors indicted her under the federal Computer Fraud and Abuse Act, which in the past has been used in hacking and trademark theft cases.

Among other things, Drew was charged with conspiring to violate the fine print in MySpace's terms-of-service agreement, which prohibits the use of phony names and harassment of other MySpace members.

"The rules are fairly simple," federal prosecutor Mark Krause said. "You don't lie. You don't pretend to be someone else. You don't use the site to harass others. They harassed Megan Meier."

Drew's lawyer, Steward, contended his client had little to do with the content of the messages and was not at home when the final one was sent. Steward also argued that nobody reads the fine print on service agreements.

"How can you violate something when you haven't even read it?" Steward asked. "End of case."

Prosecutors said Drew, her then-13-year-old daughter Sarah and Drew's 18-year-old business assistant Ashley Grills set up the phony MySpace profile for a boy named "Josh Evans," posting a photo of a bare-chested boy with tousled brown hair. "Josh" then told Megan she was "sexi" and assured her, "i love you so much."

Grills allegedly sent the final, insulting message to Megan before she killed herself in the St. Louis suburb of Dardenne Prairie, Mo.

The trial's outcome was a victory for prosecutors despite the lack of a felony conviction because they were able to prove the defendant violated the act, said Nick Akerman, a New York attorney who specializes in cases involving the federal computer act.

"What you learned is that the Computer Fraud and Abuse Act is an extremely important tool in the federal arsenal against computer crime," he said.

Missouri authorities said there was no state law under which Drew could be charged. But federal prosecutors in California claimed jurisdiction because MySpace is based in Beverly Hills.

Among the prosecution's witnesses was Megan's mother, Tina, who recounted finding her daughter hanging in a closet. Prosecutors also called some of Drew's friends and associates, who painted the defendant as cold and indifferent about the prank and the suicide.

Sarah Drew testified she never saw her mother use the MySpace account. But Grills, testifying under immunity from prosecution, said she saw Drew type at least one message under the name Josh Evans.

After the suicide, Missouri passed a law against cyber-harassment. Similar federal legislation has been proposed on Capitol Hill.

There was no immediate response to a call from The Associated Press seeking comment from MySpace officials on the verdict.

A status conference on the Los Angeles case was set for Dec. 29.

[stephs2625]

How the defense attorney can argue "she didn''t read the agreement, therefore she''s not subject to the rules" is beyond me. That''s like a client not paying an attorney because "they didn''t read the agreement". That would never fly and he knows it. It''s a joke that that was even used as a defense. Regardless of whether or not the woman was directly linked to Megan''s death or not and whether or not there was precedence for this case, she''s an adult. What she did was childish and pushed an emotionally unstable child to kill herself. I hope this haunts her, her daughter and her family for the rest of their lives. RIP Megan.

[unmunificent]

I hope this haunts her, her daughter and her family for the rest of their lives. RIP Megan.

Posted by stephs2625
____________________

Couldn''t say it any better.

[natia45]

I too hope this woman is haunted for the rest of her days. Words can be a weapon, and people need to use discretion.

[nolalou]

How the defense attorney can argue "she didn''''t read the agreement, therefore she''''s not subject to the rules" is beyond me.
Posted by stephs2625

I agree. I thought ''ignorance of the law'' is no excuse. So it should be in this case!

[frankfurt200]

This is a perfect reason for parents to start taking responsibility of their children and their internet activities. No kids should have a computer to themselves while locked away in their rooms. They can be visiting all kinds of vile sites and divulging all kinds of personal information that can get them into trouble. How many people out there have committed suicide because of things they heard on the internet? Are we to chase down every lead if someone commits suicide just to be sure they are punished? That would mean that as soon as someone commits suicide all their phone and internet records will be searched to see who said what, when and where. It could turn into witch hunts. Sorry, that''s ridiculous.

[frankfurt200]

How the defense attorney can argue "she didn''''''''t read the agreement, therefore she''''''''s not subject to the rules" is beyond me.
Posted by stephs2625

I agree. I thought ''''ignorance of the law'''' is no excuse. So it should be in this case!


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Posted by nolalou at 03:26 PM

But it is also reality. Most people do not read those things and probably are not aware of what trouble they could get into.

[stick1772]

this is just another example of our pansy a55, sissy society not being able to handle words. They are WORDS!!!

[libsh8theusa]

Show me a person that has read the agreements on the internet and I''ll show you a person that needs to get a life..

[stick1772]

oh stop you hurt my feelings. I''m so offended. Get over it people, it''s life.

[stick1772]

Show me a person that has read the agreements on the internet and I''''ll show you a person that needs to get a life..






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Posted by libsh8theUSA at 03:31 PM : Nov 26, 2008

being ignorant of what you signed does not make you innocent. Look at what that did with all this home loan mess. Oh! I didn''t understand this or that. oh poor me. I was taken advantage of. THIS IS REAL LIFE! You are responsible for yourself. If you''re ignorant then you fail.

[stick1772]

I blame parents and the schools anymore for teaching kids that it''s ok. Nobody gets rejected and nobody fails. Too much insulating kids from the real world anymore. Start teaching your kids how to handle rejection and failure and they will be able to succeed

[excoachken]

If Bill Clinton can be blamed for "expanding" our kids libido interests, they George Bush''s approach to war and our Constitution and how to deal with people you do not like, can be blamed for the "Bullying" we see from the same age group!

[colt8881]

What this lady did was very wrong.

But libsh8theUSA said:

Show me a person that has read the agreements on the internet and I''''ll show you a person that needs to get a life..

Is 100% correct, Its pretty much anything goes on the internet and no user manuel or a list of Do-&-Don''t and until there are laws against things like this you will be able to get away with it.

[icdumbpeeps]

This woman is evil and she''s raised her daughter to be just as evil. I hope she rots in h-e-l-l for her actions.

[susanhelit]

It''s not anything goes on the internet - as this case has shown, as many people have found to their great shock - the Internet is no different than anything else - laws still apply. And when you commit a crime, whether slander of violation of terms you agreed to (even if you didn''t read them - try that trick on your credit card company, saying you didn''t read that you had to pay it back, or the interest rate -see how far that really gets you), you can be charged and convicted.

[susanhelit]

Lori Drew is evil - no doubt there - so overinvolved in her daughter''s life that she created this person to get back at her former friend for a little childhood spat. And she was disgusting afterwards - talking about how it didn''t matter, the girl was suicidal anyway, taking no responsibility, showing no remorse, even trying to harass the grieving family on Thanksgiving Day! Those aren''t crimes - but they''re disgusting and wrong, and she got properly paid back for them - when they were known, people wrote to advertisers in her personal little flyer, and she lost her business. For the crimes she did commit, that''s what this trial was about. She''ll (hopefully) never pay enough to pay back what she did, she''s still got her daughter - poor girl. Megan''s mother will never speak to her daughter again.

[mandalay-bay]

KEEP YOUR IDIOT KIDS OFF DUMBSPACE. END OF STORY.

[kittykatty2]

Mandalay Bay, I''m kinda with you. Where in the blue blazes was this kid''s parents? I blame them more than anyone. A 13 year old kid is NOT entitled to privacy...the parents should have made themselves aware of what was going on in their child''s life. The mother who set up the fake myspace page, in my opinion - which doesn''t really count for much - is guilty of being a dumb azzzz who should grow the *** up, nothing more.

[xxunknown]

I blame parents and the schools anymore for teaching kids that it''''s ok. Nobody gets rejected and nobody fails. Too much insulating kids from the real world anymore. Start teaching your kids how to handle rejection and failure and they will be able to succeed Posted by stick1772
--------------------------------
agreed. Life is full of disappointment.

[harbinger09]

Hooray for common sense!!! Lori Drew is a bully and definitely not a nice person. The jurors obviously wanted to send a msg--but in the end, just like with our elections, common sense prevailed over emotionalism.

Let the record show that those who hope to manipulate public opinion with propaganda, innuendo and emotional string pulling--have lost yet again to good ol'' American common sense.

If Prosecutors really want to try people for cyber bullying--they need to start first with having appropriate laws in place, then try people according to the breach of those--NOT trying to fit actions into laws that just don''t exist.

Now...to make a point to the Lori Drews of the world, she should have to serve some of that time behind bars--maybe a third of it--to drive the point of her inappropriate actions home.

[jukbx]

This woman is evil and she''''s raised her daughter to be just as evil. I hope she rots in h-e-l-l for her actions.


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Posted by icdumbpeeps at 03:56 PM : Nov 26, 2008

Another psycho comes out of the woodwork. Yes, this wasn''t very smart, but your comments aren''t very smart either.

[harbinger09]

How the defense attorney can argue "she didn''''''''t read the agreement, therefore she''''''''s not subject to the rules" is beyond me.
Posted by stephs2625

I agree. I thought ''''ignorance of the law'''' is no excuse. So it should be in this case!

Posted by nolalou at 03:26 PM : Nov 26, 2008


You are correct that "ignorance of the law is no excuse" BUT applying criminal code to a nonexistent law is also no excuse. The sad truth is that what Drew did was punishable by MySpace by being expelled from the site nothing more. The Prosecutors made a mistake when they tried to use existing law to cover an act that was never covered.

It fails the smell test. Cyber bullying is harmful and is wrong--but before you try anyone for doing it--both state and federal laws must already exist in order to be broken. Prosecutors gave into vigilante fever in trying to go after Drew. First make the law, then try the crime--not try to punish someone by using laws that really do NOT apply.

there is NO excuse for such legislative laziness and sooner or later the excesses of the net must be curbed--but NO ONE should be tried for a ''crime'' before a law against that act has been written.

[dhel1]

This woman definitely needs to be punished and hopefully she will GROW UP in prison. As for the poor girl that committed suicide, her parents are as much to blame as anyone else. I would hope that I could see that my child had mental problems that would cause her to do something as drastic and final as committing suicide over something like getting bullied. Parents should teach their children to report bullying and that comments made by ignorant people like this woman should not affect them in a negative way. Bullies are very sick and deranged. Especially bullies that are adults bullying children. This poor child obviously had some problems that she would commit suicide over something so trivial. Teach your kids that suicide is not the answer!

[harbinger09]

Posted by MrNrgmizer at 03:27 PM : Nov 26, 2008


Actually, the rationale you just made means that if telecommunication companies can get retroactive immunity--so can others--NOT the other way around.

but here is the deal, no matter what law is passed, you can not charge anyone who committed those same acts BEFORE the law was passed. (Like Lori Drew) Ex post facto or "after the fact" prevents the government from creating laws just to trap or get certain people---NO ONE can be charged with a crime before a law exists against that act.

Kudos to the jury for understanding that point and throwing out the most egregious of the charges--but really, unless MySpace wants to charge EVERYONE that made similar types of remarks--indeed unless ever site wants to do that-- Drew should not be charged.

Because you never know the state of other posters, anyone who ever insulted another or said similar things could face prosecution...then there is the question of how much coddling and political correctness should the internet have when access is voluntary and the most vulnerable could just stay offline if their feelings are so easily damaged. Or maybe a chat room could be made for fragile people--SpongeBob had the weenie hospital and bar--maybe the internet needs some weenie chat room sites for those who can''t take the heat. Do we dumb/numb down everyone else to suit the most vulnerable of us? Shall the internet become Nickelodeon or Emily Postesque?

[opedanderson]

I knew that they wouldn''t get anywhere with that charge, but it was a good job by the DA to at least try. This COW is finished anyways. Ironically, it is the tool of her evil deed, the internet, that is going to make her life a living hell. She will never find any peace.....

[credibility2]

Justice may not have been served, but perhaps this low-life''s days are numbered?

[frankfurt200]

poor girl. Megan''''s mother will never speak to her daughter again.


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Posted by SusanHelit at 04:02 PM

Megan''s mother can take the prime blame there.

[frankfurt200]

Justice may not have been served, but perhaps this low-life''''s days are numbered?


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Posted by Credibility2 at 05:07 PM

Don''t wish on others what might be visited upon yourself.

[ybotheratall]

I hope that this piece of garbage spends the rest of her miserable life being hounded to the ends of the earth for what she did. I wish her nothing but heartache, misery, unhappiness and bad luck with everything she tried to pursue for what she did. Sickening human being. Just the fact that this slime showed no emotion when the verdict was read says it all.

[silverstar06]

The jury hopefully undesrstood the emotional stress that a bullied (especially teenage) girl, experiences. It is a version of emotional abuse, and coming from a grown woman and mother, should be presented for what it is, and not just name calling and teasing. Some parents/partners/co workers, etc. are versed in verbal abuse. When one becomes the isolatd target of such a person, or several people, the effects can be pretty awful. Calling it bullying might take away from the actual harm it can cause.

[gaye5]

You have to be joking, she got let off with just what???????????
What a vicious woman, and then she showed no emotions..
Put her away for life so as she cant do it to anyone else, the inmates in prison would sort this bully out, or would she start destroying their lives as well, then put her in isolation for life..

I have seen first hand and with other children what bullying can do for the rest of their lives, it is now called bullyside...With teenagers TV stories full of bullying these children can''t get away from it. Good gracious, girls dont need any encouragement to bully they can be nasty little bitc???s then added to that, what is seen on TV is carried out in the school. Parents dont realise that teenagers TV programes are full of bullying, under the pretext of a good story or helping kids to cope with it..

[ladyephesus1]

I disagree!! I think she will serve at least 6 months in jail for what she did. She did harrass her and it ended in death and she contributed to her death.

I think all 3 should be put in the same d*mn cell if you ask me. hmmpfff!!

[nordeck52]

This lady (and I use that term lightly) should have had the book thrown at her. Instead, she just got a slap on the wrist. This sets a bad precedent for other such cyber-bully''s.

They should just execute her by firing squad and be done with it.

[erikadzw]

This must be humiliating for the parents of this young beautiful girl. There should be a criminal case agaianst this grown ''distorted'' woman who maliciously committed this homicide.

[marintx]

I have no sympathy for the mother or the daughter and the assistant was as big a part in this as any. Sadly, none of them probably violated any specific laws. But, no matter what they decide for this woman, everyone involved in this poor girls suicide will have to live with themselves for a very long time and remember what a malicious prank caused. What goes around comes around. I think people who are that jealous of someone else and mean enough to do something like this are probably already destined for a pretty sad life. Perhaps that will be their payback.

[gaye5]

DaVicar1, I agree with tuckerndfw
Yes she didn''t put a knife to this lass throat but this was a lass who was on the verge of destruction, and at a time of her life where they are very venerable Many teens feel this way and then grow up to lead wonderful fulfilling normal lives, so to push a lass who was on the verge of hopelessness is criminal.. more criminal being it was a grown vicious woman who set upon a young girl..
And as far as trained Psychiatrists are concerned, in our school (where my husband was Principal) we have seen that they swung every which way what ever suits them.. they are like window wipers..
Along with some good, I have seen so much damage done by Psychiatrists. Many people are now starting to realise that Psychiatrists can do more damage than help.

[gaye5]

tuckerndfw, yes you are right she was prosecuted for fraud, well lets now prosecute her for murder..

[magicwolf1]

This human piece of *** and her loser daughter should be banned from the Internet! Forbid this ugly, morally bankrupt, scum from any online activity!

[erasmus81]

It is not a crime to violate the terms of service of any website.

Posted by tuckerndfw at 05:12 PM : Nov 26, 2008

Whew! That''s a relief. I''m taking your word for that Tucker.

Bye!

[dilonsiel]

The feds have no "standing" to prosecute anyone for violating the terms of service of a website.

Violating the terms of service of a website without any other accompanying offense is not a crime.

This jury failed to understand their duty. But, then again the prosecutor maliciously prosecuted this case because there is no case for him to prosecute.

----------Posted by tuckerndfw

It it was that simple, the judge could have taken the decision away from the jury and decided themself - or is that allowed only for civil cases. I forget what the legal term for it is.

[shanev137]

A lot of people on here need to study up on what the difference is between homicide and and suicide.

Sure Lori Drew is the scum of the earth, but she didn''t physically walk over to this girl''s house and kill her.

As for the "computer crimes", who has never created a fake email account or log-in in order to retain their anonymity online?

My name really isn''t Shane V.

Are you going to throw me in jail as well now?

[anonbychoice]

I have no sympathy for any of them, including the girl''''s parents. According to what I''''ve read, the "victim" was giving as good as she was getting, so she is not a "victim" at all.
-----------------------------------------------------
Maybe not in the "legal" stand point she wasn''t a victim, but she was a victim.
I would feel different if this were "teen on teen", because I know growing up, I got into a few "fights" myself, but they were with people MY age, not an adult being vindictive. "Lori Drew decided to humiliate a child,"
What a sad day it is, when an adult feels it necessary to step in on a childs "fight". Whatever happened to sticks and stones? The adult should have stayed out of the "mean things being said". Kids will be kids after we''re dead and gone, but now there''s a 13 year old who''s already gone, because of a bullying mother. We used to name call and the next day or even 5 minutes later, were friends again. Shame on this mother!!!!

[dilonsiel]

But, according to this most recent case, it is currently a crime to use an alias when logging on to any website, so if the FBI breaks down your door and carts you off to Guantanamo, don''''t blame me. . .

--------Posted by tuckerndfw

Well, even if it were illegal to violate the terms of service, it would depend on whether having an alias on the website was against the terms of service. For example, on this website, an alias is perfectly fine. They do expect you to give them your real name, but that is not the login id.

[stephs2625]

I''m surprised by how many of these posts are pretty much condoning what this woman did. You''re right, she did not physically make Megan end her life, but nowadays, it does not take much for a teenager, child or even adult to end their lives. How a so called ADULT could say such malicious, mean and hateful things to a child is nothing short of crazy. This woman wants to pretend like she''s a good parent. Last time I checked, good parents don''t intentionally incite children, good parents don''t intentionally hurt children and good parents do not assist in the suicide of a child, whether physically or emotionally. The prosecutor has no reason to "be in hiding" as some posts have suggested. It''s always hard to prosecute a case that has no precedence and they went with what they thought was right. Obviously the jury agreed with parts otherwise she would have walked away scott-free.

[missingamerica]

"Drew did not show any visible emotion..."

Well, duh.

[shanev137]

it is currently a crime to use an alias when logging on to any website

---------

No, it''s not.

If a website really wants to know who you are they are required to verify your identity. It''s like E-Bay or PayPal, they have to first verify your identity with third parties before you''re allowed to do business with them. If what you are using to verify your identity with them is fake, then yes, that is a crime.

MySpace does not verify identities.


Think about....how would they be able to determine who you are, especially if you''re behind a proxy server?

[shanev137]

Posted by tuckerndfw at 06:40 PM : Nov 26, 2008

Well....there''s Lori Drew''s appeal right there in a nutshell.

If a website requires you to provide your real and legal name to join, then it''s their responsibility to verify that the information you give them is true and real before allowing you to join.

[kittykatty2]

I can''t believe some of the mindless, histrionic drivel coming forth from this story. Cyber-bullying? Cyber stalking???? ***...no one made that child turn her computer on. Again, WHERE TF WERE THE PARENTS???? Parents are responsible for their children, not anyone else. Puhlease...you people calling for the blood of this idiotic Drew woman are need to get a grip and a little psychotherapy yourselves.

[shanev137]

Drew & defendants then have a tort claim against the prosecutor for malicious prosecution.
------------

Right. Do you think Drew will make some money if she wins that one?

[talk2chief]

I am not condoning what Lori Drew did, maybe at 49 years of age she finally felt it was her time to be a bully sender and not a receiver. However, if Megan suffered from depression and was emotionally fragile, why would her parents even allow her to log onto MySpace.