LOS ANGELES - A federal judge on Thursday tentatively threw 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 said he was tentatively acquitting Lori Drew of misdemeanor counts of accessing computers without authorization and that the ruling will become final when he issues it in writing.
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.
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 Drew's sentencing from May to go over testimony from two prosecution witnesses.
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.
Fake profile
Prosecutors say Drew sought to humiliate Megan Meier 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.
Drew's attorney, Dean Steward, maintained that charges should have never been brought against his client and prosecution's decision to seek a three-year prison sentence for misdemeanor convictions was "shocking."
"The government's case is all about making Lori Drew a public symbol of cyberbullying," Steward said in a previous court filing. "The government has created a fiction that Lori Drew somehow caused (Megan's) death, and it wants a long prison sentence to make its fiction seem real."
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.
'I love you so much'
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.
Source: MSNBC.com
Philosophy di Alberta Ferretti
That lady contributed without a doubt to that childs death. Cyber bullying is completed real, and by overturning such and obviously guilty case it sends the wrong message.
1"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."
2By that logic, no one should be convicted of anything because there always are people somewhere committing and getting away with the same crime.
This woman and her co conspirators need to be charged with something. What they did is harassment and if they get away with it and legal precedent is set, it will just encourage more people to be cruel and malicious over the internet.
I hadn't read before this that it was actually three people doing this together. That makes it even more sick. She was only a thirteen year old girl for crying out loud. Even if she had been spreading false rumors about the daughter, would she have deserved this?
3What kind of adult, let alone mother, reacts this way to news that someone is spreading rumors about their child? I think this woman should absolutely be held responsible for cotnributing to this girls state of mind that led to her suicide.
4Not to mention that the woman must be a little unfit to encourage her daughter to get revenge in such a way for a slight they aren't even sure occurred.
5We really need to figure out a way to prosecute these web crimes.
6Agreed. It's really a shame that she's now getting away with such brutal harassment.
7She and her daughter likely will now act as if they were the injured parties.
8I think this woman is despicable. I'm surprised that the jury could not find her guilty of intentionally causing emotional harm while accessing computers without authorization because this woman obviously caused emotional harm, unless they didn't think she accessed computers without authorization.
9"She and her daughter likely will now act as if they were the injured parties."
Yep. I see some more legal battles in the future for these people.
10A meddlesome b!tch! Imagine if the girl ever goes out for cheer leading, this woman would be hell on wheels. I hope the judge is no longer able to sleep after this.
11If she isn't going to be charged with anything, how about labeling her an unfit parent, and removing her children from the home?
12This is really disturbing. I don't even get kids picking on other kids. Where does a grown woman get off thinking it's okay to bully a 13 yr old?
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