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.

[babooph]

Had a man been charged he would get 20 years[unless Islamic,then 50 years].

[humanavance]

"Eraser, I''ve enjoyed it, but I''m really tired.

Too much noodles & sauce...."
erasmus81


Oh but please, your discussion about the weather on a website article about children''s murder has been so telling about who you, and your fellow posters, are.

Please continue ....
ST

"Cruelty and brutality are evidence of evil, not strength."
SearingTruth

A Future of the Brave

[humanavance]

"Children should not know fear, or death, or suffering, for it is not their lot to know. Theirs is a time for joy, and wonder, and a time of great discovery. Let them never despair, or hurt, or want. This should be our highest calling, and our most sincere dedication."
SearingTruth

A Future of the Brave

[erasmus81]

Eraser, I''''ve enjoyed it, but I''''m really tired.

Too much noodles & sauce.

:-)

I''''m going to log off for the night but I''''ll probably catch you tomorrow.

If not then, Saturday.

Have a good evening and try to keep that snarling under control.

Posted by tuckerndfw at 01:28 AM : Nov 28, 2008


Yeah, didn''t get much sleep last night.:)

Goodnight, Tucker.

[erasmus81]

I don''''t really mind cold weather, but I don''''t like ice.

I used to live in Iowa and it was a real pain having to scrape ice off the car.

Posted by tuckerndfw at 01:24 AM : Nov 28, 2008

I don''t like ice either. I like the first snowfall, but that''s it.

[erasmus81]

People (humans) call that "snarling."

Posted by tuckerndfw at 01:03 AM : Nov 28, 2008

Oh.:)

[erasmus81]

Pig farmer goes to jail, new pig farmer takes his place and now needs a fresh supply of pig food (aka Americans).

Posted by tuckerndfw at 12:57 AM : Nov 28, 2008

Actually, I lied. The pig farmer''s brother is still running the family business.

Americans probably taste better.

[erasmus81]

I went into shock. I''''d never been so cold. (I''''d never been "up north" before).

Posted by tuckerndfw at 12:55 AM : Nov 28, 2008

Well, if you come to British Columbia, I guarantee you won''t go into shock.

[erasmus81]

If I read my globe correctly, Canada and Germany are about the same latitude.

Posted by tuckerndfw at 12:53 AM : Nov 28, 2008

Haha. We get up to 80 and 90 in the summer. For a few days, anyways.:) Actually our summers are getting warmer. Global warming.:)

[erasmus81]

Let''''s ask your kids about that. Probably they think you have "different ideas," too.

Posted by txgrouch2007 at 12:52 AM : Nov 28, 2008

My kids are grown now. And they still love their Mommy. We have great times together.

They love their mommy because I always let them play their dreadful music.:) Well, some of it was dreadful.

[erasmus81]

I don''''t doubt that. Show them your sharp, pointed teeth and they''''ll probably do whatever they''''re told. . .


Posted by tuckerndfw at 12:48 AM : Nov 28, 2008

That''s right. Mommy just had to smile and they did whatever they were told.

[erasmus81]

It only got up to 80 the other day.
Posted by tuckerndfw at 12:45 AM : Nov 28, 2008

Were you serious? Is it still getting that hot?

No, it isn''t.

[erasmus81]

I don''''t know, how is your local pig farmer doing?

Posted by tuckerndfw at 12:46 AM : Nov 28, 2008

We only had one and he''s in jail now. And all the pigs were slaughtered and fed to the people that are on drugs and welfare.:)

[txgrouch2007]

I''''m great fun.
Posted by erasmus81 at 12:49 AM : Nov 28, 2008

Let''s ask your kids about that. Probably they think you have "different ideas," too.

[erasmus81]

And from then on, they learned to HIDE IT from you better.

Posted by txgrouch2007 at 12:44 AM : Nov 28, 2008

I have no doubt that they TRIED to hide things from their MOMMY, but they had one heck of a time doing it.

[erasmus81]

Because you''''re no fun.

Posted by txgrouch2007 at 12:39 AM : Nov 28, 2008

I''m great fun. We just have different ideas of what is fun.

[txgrouch2007]

"The child''''s blood flowed upon my fingers and I rejoiced."
SearingTruth
Posted by Humanavance at 12:45 AM : Nov 28, 2008

What HAPPENED to you??? That doesn''t even make sense.

[erasmus81]

The wind was blowing about 4,000 miles an hour and it was snowing.

Posted by tuckerndfw at 12:39 AM : Nov 28, 2008

You are so silly, Tucker.

[txgrouch2007]

It only got up to 80 the other day.
Posted by tuckerndfw at 12:45 AM : Nov 28, 2008

When I was living in Boston, it never got that hot ALL YEAR.

[erasmus81]

Texas is SOUTH of the US-Canada border. The seasons are reversed on this side. It''''s SPRINGTIME now.

Shut up.:)