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Old 06-16-2008, 08:00 PM   #45 (permalink)
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Woman pleads not guilty in Internet suicide case
By LINDA DEUTSCH, AP Special Correspondent
19 minutes ago


LOS ANGELES - A Missouri woman pleaded not guilty in Los Angeles federal court Monday to charges in an Internet hoax blamed for a 13-year-old girl's suicide. Lori Drew, 49, stood quietly beside her attorney Monday. She pleaded not guilty to charges of conspiracy and accessing protected computers without authorization to get information used to inflict emotional distress. She is free on $20,000 bond.

The proceeding lasted only a few minutes. Drew and her lawyer declined to comment to reporters waiting outside the courtroom.

Drew, of suburban St. Louis, Mo., is accused of helping to create a MySpace account that appeared to belong to a 16-year-old boy named Josh Evans. The boy did not exist.

Drew's daughter had been a friend of 13-year-old neighbor Megan Meier and the fake account was used to send cruel messages to the girl, including one stating the world would be better off without her. Megan hanged herself in 2006.

Drew has denied creating the account or sending messages to Meier.

The charges were filed in California where MySpace is based. MySpace is a subsidiary of Beverly Hills-based Fox Interactive Media Inc., which is owned by News Corp.

Drew's case was assigned to U.S. District Court Judge George Wu and her trial scheduled for July 29. A status conference was scheduled for June 26. U.S. attorney's spokesman Thom Mrozek said Drew would be allowed to return home pending trial.

Each of the four counts against Drew carries a maximum penalty of five years in prison.

Drew's lawyer has said he will challenge the charges.

Experts have said the case could break new ground in Internet law. The statute used to indict Drew usually applies to Internet hackers who illegally access accounts to get information.

U.S. Attorney Thomas P. O'Brien has acknowledged this is the first time the federal statute on accessing protected computers has been used in a social-networking case.

Rebecca Lonergan, a former federal prosecutor who now teaches law at the University of Southern California, has said use of statute, known as the Computer Fraud and Abuse Act, may be open to challenge.

Lonergan said the crimes covered by the law involve obtaining information from a computer, not sending messages out to harass someone.

"Here it is the flow of information away from the computer," she said. "It's a very creative, aggressive use of the statute. But they may have a legally tough time meeting the elements."

James Chadwick, a Palo Alto attorney who specializes in Internet and media law, said he has never seen the statute applied to the sending of messages.

He said it was probable that liability for the girl's death would not be an issue in the case. "As tragic as it is," he said, "You can't start imposing liability on people for being cruel."

Missouri police didn't file any charges against Drew in part because there was no applicable state law. In response to the case, Missouri legislators gave final approval to a bill making cyber harassment illegal.

http://news.yahoo.com/s/ap/20080616/...o8jBr1HxWs0NUE
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Old 05-07-2009, 08:15 AM   #46 (permalink)
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Feds want 3-year term for Mo. mom in MySpace hoax

http://news.yahoo.com/s/ap/20090507/...jzo7VujApG2ocA

LOS ANGELES – A Missouri mother should serve three years in prison for her role in a MySpace hoax on a 13-year-old neighbor who committed suicide, federal prosecutors said in court documents filed Wednesday.

Assistant U.S. Attorney Mark Krause outlined the government's position while requesting the maximum sentence for Lori Drew. Probation officials have recommended Drew receive a year of probation and a $5,000 fine.

Krause argued that Drew "coldly conceived of a scheme to humiliate" Megan Meier, a neighbor in a St. Louis suburb, by helping create a fictitious teenage boy on the social networking site and sending flirtatious messages in his name to the girl.

The fake boy then dumped Megan in a message saying the world would be better without her. She hanged herself a short time later.

Drew used her then-13-year-old daughter and a business assistant in the scheme, which played on Megan's insecurities, Krause said.

"Both the callousness of defendant's criminal conduct and the extraordinary harm it caused mandate a sentence of more than probation," Krause wrote.

Drew was convicted in November of three counts of accessing computers without authorization. Besides up to three years in prison, she could face a $300,000 fine at sentencing set for May 18.

Drew's attorney, Dean Steward, has asked U.S. District Court Judge George Wu to throw out the verdicts.

Steward said his client couldn't afford the $5,000 fine recommended by probation officials because she no longer draws income from the coupon book business she had for nine years.

During the trial, prosecutors argued that Drew violated MySpace rules by setting up the phony profile for a boy named "Josh Evans." Jurors decided Drew was not guilty of the more serious felonies of intentionally causing emotional harm while accessing computers without authorization.

The jury could not reach an unanimous verdict on a felony conspiracy charge.

Drew was not directly charged with causing Megan's death.

Some legal experts believe prosecutors are still smarting over the conviction on lesser crimes. In his filing, Krause continued to argue there is convincing evidence that shows Drew set out to inflict emotional harm to Megan.

"They are just totally gung-ho on this case," Matt Levine, a New York-based defense attorney and former federal prosecutor, said about prosecutors. "On one hand, what Lori Drew did was egregious and she should be brought to justice, but they have used the wrong legal theory here."

Levine said it would have been more appropriate for Missouri authorities to charge Drew with harassment. Police there, however, have said they didn't file any charges against Drew in part because there was no applicable state law.

The trial was held in Los Angeles because the servers of the social networking site are in the area.
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Old 05-07-2009, 09:13 AM   #47 (permalink)
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I hope she gets the 3 yrs
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Old 05-07-2009, 10:39 AM   #48 (permalink)
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I hope she gets the 3 yrs
Same here!
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Old 07-03-2009, 06:12 PM   #49 (permalink)
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Judge tentatively acquits woman in MySpace case
Linda Deutsch, Ap Special Correspondent
Fri Jul 3, 9:35 am ET


LOS ANGELES – A federal judge has tentatively thrown out the convictions of a Missouri mother for her role in a MySpace hoax directed at a 13-year-old neighbor girl who ended up committing suicide.

U.S. District Judge George Wu on Thursday said he was acquitting Lori Drew of misdemeanor counts of accessing computers without authorization but stressed the ruling was tentative until he issues it in writing. He noted the case of a judge who changed his mind after ruling.

Drew showed no reaction to the decision.

She was convicted in November, but the judge said that if she is to be found guilty of illegally accessing computers, anyone who has ever violated the social networking site's terms of service would be guilty of a misdemeanor. That would be unconstitutional, he said. "You could prosecute pretty much anyone who violated terms of service," he said.

Prosecutors had sought the maximum three-year prison sentence and a $300,000 fine, but it had been uncertain going into Thursday's hearing whether Drew would be sentenced.

Wu had given a lengthy review to a defense request for dismissal, delaying sentencing from May to go over testimony from two prosecution witnesses.

Wu said he allowed the case to proceed to trial when Drew was charged with a felony, but she was convicted only of the misdemeanor and that presented constitutional problems.

Drew did not appear with her attorney when he later spoke to reporters. In a statement read on NBC's "Today" show Friday, Drew said she agreed with Wu's decision and felt she never should have been prosecuted. "In my view, it was proper that this case was dismissed, primarily because I simply did not do what the U.S. attorney in Los Angeles accused me of doing," Drew said.

Defense attorney Dean Steward said outside court that Los Angeles federal prosecutors should not have brought the charges in a case that originated in Missouri and was rejected by prosecutors there. "Shame on the U.S. attorney for bringing this case. The St. Louis prosecutors had it right," Steward said. "The cynic in me says that (U.S. Attorney) Tom O'Brien wanted to make a name for himself or to keep his job."

O'Brien told a press conference that after prosecutors see the written ruling they will consider options, including an appeal to the 9th U.S. Circuit Court of Appeals. "I'm proud of this case," he said. "This is a case that called out for someone to do something. It was a risk. But this office will always take risks on behalf of children."

Steward said the ruling should mark the end of Drew's criminal case. "It's not the end of the road, it's the end of the chapter on the criminal side, which is pretty clearly the end," he said.

The parents of Megan Meier, the teenager who killed herself, were in court for the ruling. Later, her mother, Tina Meier, said that in spite of the disappointment, she felt that justice was done because "we got the word out."

Tina Meier said she is devoting her life to educating parents and teachers about potential threats to their children lurking in the Internet.

Much attention has been paid to Drew's case, primarily because it was the nation's first cyberbullying trial. The trial was held in Los Angeles because the servers of the social networking site are in the area.

Prosecutors say Drew sought to humiliate Megan by helping create a fictitious teen boy on the social networking site and sending flirtatious messages to the girl in his name. The fake boy then dumped Megan in a message saying the world would be better without her.

She hanged herself a short time later in October 2006 in the St. Louis suburb of Dardenne Prairie, Mo.

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.

Wu acknowledged in May he was concerned that sending Drew to prison for violating a Web site's service terms might set a dangerous precedent. Wu at the time noted that millions of people either don't read service terms, as happened in Drew's case.

During the trial, prosecutors argued that Drew violated MySpace service rules by setting up the phony profile for a boy named "Josh Evans" with the help of her then-13-year-old daughter Sarah and business assistant Ashley Grills. They posted 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."

Prosecutors believe Drew and her daughter, who was friends with Megan, created the profile to find out if Megan was spreading rumors about Sarah. Grills testified she received a message from Megan in mid-2006, calling Drew's daughter a lesbian.

Grills, who testified under a promise of immunity, allegedly sent the final, insulting message to Megan before she killed herself. Prosecutors said Megan sent a response saying, "'You are the kind of boy a girl would kill herself over.'"

Jurors decided Drew was not guilty of the more serious felonies of intentionally causing emotional harm while accessing computers without authorization. The jury could not reach a unanimous verdict on a felony conspiracy charge. The judge dismissed it Thursday at the request of prosecutors.

http://news.yahoo.com/s/ap/20090703/...net_suicide_14
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Old 07-03-2009, 06:22 PM   #50 (permalink)
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If I was the girls parents I'd file a civil suit. At least that way some justice will be done. Their daughter deserves justice for what they did to her. I bet that woman doesn't feel any remorse for what she did.
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Old 07-03-2009, 06:26 PM   #51 (permalink)
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Way to set a precident .. GG.. Wait until some other whack job mother does the same shiz...


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Old 07-03-2009, 06:49 PM   #52 (permalink)
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Quote:
Originally Posted by gmyers
If I was the girls parents I'd file a civil suit. At least that way some justice will be done. Their daughter deserves justice for what they did to her. I bet that woman doesn't feel any remorse for what she did.
Appearently she doesn't ...


Mom in MySpace case says it was properly dismissed
Linda Deutsch, Ap Special Correspondent
Fri Jul 3, 10:06 am ET


LOS ANGELES – A Missouri mother said she never should have been prosecuted for her role in a MySpace hoax directed at a 13-year-old girl who ended up committing suicide.

A federal judge said Thursday that he has tentatively thrown out Lori Drew's convictions, acquitting her of misdemeanor counts of accessing computers without authorization. U.S. District Judge George Wu stressed the ruling was tentative until he issues it in writing.

Drew showed no reaction to the decision in the courtroom. In a statement read on NBC's "Today" show Friday, said she agreed with it and felt she never should have been prosecuted.

"In my view, it was proper that this case was dismissed, primarily because I simply did not do what the U.S. attorney in Los Angeles accused me of doing," Drew said.

Drew was convicted in November, but the judge said that if she is to be found guilty of illegally accessing computers, anyone who has ever violated the social networking site's terms of service would be guilty of a misdemeanor. That would be unconstitutional, he said.

"You could prosecute pretty much anyone who violated terms of service," he said.

Prosecutors had sought the maximum three-year prison sentence and a $300,000 fine, but it had been uncertain going into Thursday's hearing whether Drew would be sentenced.

Wu had given a lengthy review to a defense request for dismissal, delaying sentencing from May to go over testimony from two prosecution witnesses.

Wu said he allowed the case to proceed to trial when Drew was charged with a felony, but she was convicted only of the misdemeanor and that presented constitutional problems.

Defense attorney Dean Steward said outside court that Los Angeles federal prosecutors should not have brought the charges in a case that originated in Missouri and was rejected by prosecutors there.

"Shame on the U.S. attorney for bringing this case. The St. Louis prosecutors had it right," Steward said. "The cynic in me says that (U.S. Attorney) Tom O'Brien wanted to make a name for himself or to keep his job."

O'Brien told a press conference that after prosecutors see the written ruling they will consider options, including an appeal to the 9th U.S. Circuit Court of Appeals.

"I'm proud of this case," he said. "This is a case that called out for someone to do something. It was a risk. But this office will always take risks on behalf of children."

Steward said the ruling should mark the end of Drew's criminal case.

"It's not the end of the road, it's the end of the chapter on the criminal side, which is pretty clearly the end," he said.

The parents of Megan Meier, the teenager who killed herself, were in court for the ruling. Later, her mother, Tina Meier, said that in spite of the disappointment, she felt that justice was done because "we got the word out."

Tina Meier said she is devoting her life to educating parents and teachers about potential threats to their children lurking in the Internet.

Much attention has been paid to Drew's case, primarily because it was the nation's first cyberbullying trial. The trial was held in Los Angeles because the servers of the social networking site are in the area.

Prosecutors say Drew sought to humiliate Megan by helping create a fictitious teen boy on the social networking site and sending flirtatious messages to the girl in his name. The fake boy then dumped Megan in a message saying the world would be better without her.

She hanged herself a short time later in October 2006 in the St. Louis suburb of Dardenne Prairie, Mo.

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.

Wu acknowledged in May he was concerned that sending Drew to prison for violating a Web site's service terms might set a dangerous precedent. Wu at the time noted that millions of people either don't read service terms, as happened in Drew's case.

During the trial, prosecutors argued that Drew violated MySpace service rules by setting up the phony profile for a boy named "Josh Evans" with the help of her then-13-year-old daughter Sarah and business assistant Ashley Grills. They posted 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."

Prosecutors believe Drew and her daughter, who was friends with Megan, created the profile to find out if Megan was spreading rumors about Sarah. Grills testified she received a message from Megan in mid-2006, calling Drew's daughter a lesbian.

Grills, who testified under a promise of immunity, allegedly sent the final, insulting message to Megan before she killed herself. Prosecutors said Megan sent a response saying, "'You are the kind of boy a girl would kill herself over.'"

Jurors decided Drew was not guilty of the more serious felonies of intentionally causing emotional harm while accessing computers without authorization. The jury could not reach a unanimous verdict on a felony conspiracy charge. The judge dismissed it Thursday at the request of prosecutors.

http://news.yahoo.com/s/ap/20090703/...ternet_suicide
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