Judge tosses out mom's convictions in MySpace hoax

Photo: Megan Meir, who committed suicide after being cyber-
bullied



Judge tosses out mom's convictions in MySpace hoax
Girl killed herself; ruling tentative
By Linda Deutsch
ASSOCIATED PRESS
July 3, 2009

LOS ANGELES — A federal judge yesterday 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 acquitting Lori Drew of misdemeanor counts of accessing computers without authorization, but he emphasized that 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 yesterday'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, whose bond was released by the judge, didn't appear with her attorney when he later spoke to reporters.

Defense attorney Dean Steward said outside court that the U.S. attorney's office in Los Angeles shouldn't 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 news conference that after prosecutors see the written ruling, they will consider options, including an appeal to the 9th U.S. Circuit Court of Appeals.

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 justice was done because “we got the word out.”

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 said 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 case.

Should Lori Drew go to prison for three years? Federal Judge has his doubts.

Sentencing delayed in MySpace hoax case
By GREG RISLING, Associated Press Writer
Monday, May 18, 2009

...U.S. District Judge George Wu had been scheduled to sentence Lori Drew on three misdemeanor counts of accessing computers without authorization. However, Wu delayed sentencing until July 2, saying he wanted to review the testimony of two prosecution witnesses.

Wu squared off with Assistant U.S. Attorney Mark Krause for more than an hour about a defense motion seeking to dismiss Drew's conviction. Wu wondered whether Drew should have been indicted under the federal Computer Fraud and Abuse Act, which in the past has been used in hacking and trademark theft cases.

"Using this particular statute is so weird," Wu said.

Wu also was concerned that sentencing Drew for violating a Web site's service terms might set a dangerous precedent. He said millions of people either don't read service terms, as happened in Drew's case, or give false information...

While jurors didn't find Drew guilty of the more serious felonies, Krause argued that she should be sentenced to the maximum of three years in prison...

Probation officials recommended Drew should be placed on probation for one year and fined $5,000.

To see all posts on this subject click HERE.

Megan Meir bullying case: mom Lori Drew convicted of lesser offenses

Click HERE for update.

Update March 2009:
Assistant U.S. Attorney Mark Krause is prosecuting a Missouri mother charged in a MySpace hoax that allegedly led to a 13-year-old girl's suicide.

ORIGINAL POST:

Jurors came to a different conclusion than AOL users, 81% of whom apparently wanted Lori Drew to be convicted of more serious charges.

I suspect that jurors were more aware of the facts of the case. Lori Drew tried to stop the hoax, and she didn't send the final, fatal message. Ashley Grills, the person who did send the "world would be better off without you" message, was given immunity by the court.

My question is: why hasn't this case resulted in action by schools to teach young people and adults better ways of handling conflict?

Schools are crucibles of bullying behavior by students, teachers and administrators; plenty of kids commit suicide because of bullying done in person, not over the Internet. Yet schools prefer to cover up bullying. Why?

First, because bullying is a big part of education culture.

Second, resistance to change is basic to education culture.

Third, because bullying is a constant source of revenue for insurance company lawyers. If bullying in schools ended, the lawyers would have less income, and the insurance companies (including joint powers authorities) would have to lower the premiums they charge schools.

My previous posts on Megan Meir are HERE.
Mom Guilty of Lesser Charges in Hoax
By GREG RISLING,
AP
LOS ANGELES
Nov. 27, 2008

A Missouri mother on trial in a landmark cyberbullying case was convicted Wednesday of only three minor offenses for her role in a mean-spirited Internet hoax that apparently drove a 13-year-old girl to suicide. The federal jury could not reach a verdict on the main charge against 49-year-old Lori Drew — conspiracy — and rejected three other felony counts of accessing computers without authorization to inflict emotional harm.

Instead, the panel found Drew guilty of three misdemeanor offenses of accessing computers without authorization. Each count is punishable by up to a year in prison and a $100,000 fine. Drew could have gotten 20 years if convicted of the four original charges.

A Missouri woman was convicted Wednesday of three lesser charges in an online hoax that apparently drove a 13-year-old girl to commit suicide. Lori Drew, 49, was accused of creating a fake profile on a social networking site in order to terrorize Megan Meier.

U.S. District Judge George Wu declared a mistrial on the conspiracy count. There was no immediate word on whether prosecutors would retry her...

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...

Most members of the six-man, six-woman jury left court without speaking to reporters. One juror, who identified himself by his first name only, 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 tortious 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.

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.

"This was a very aggressive, if not misguided, theory," said Matt Levine, a New York-based defense attorney and former federal prosecutor. "Unfortunately, there's not a law that covers every bad thing in the world. It's a bad idea to use laws that have very different purpose."

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.

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.
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.
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.

Megan Meir's death brings attention to the problem of bullies

No charges will be filed against Lori Drew, who claimed to have sent the messages that caused teenager Megan Meir to hang herself.

I'm guessing that Lori Drew may have been trying to protect her teenage daughter, who is possibly the one who really sent the messages.

The victim's parents are planning a civil suit.

I hope that this case will make the issue of bullying a matter of public discussion. It's a bad habit practiced by adults and children, and it wastes our human resources.

Adults who bully children: Megan Meir and Lori Drew

See all posts about Megan Meir and Lori Drew.

Update March 2009:
Assistant U.S. Attorney Mark Krause is prosecuting a Missouri mother charged in a MySpace hoax that allegedly led to a 13-year-old girl's suicide.



I've seen teachers bully students, but that is considered okay by most people, particularly people who have power in schools. It's okay for adults in schools to tell children that they are "losers," "future criminals," etc.

Everyone seems to agree that the adult who tormented Megan Meir went too far.

How much would you be willing to pay if you could save the life of a troubled teenager like Megan Meir? Schools need more counseling services for kids. Vote for your next school bond. And go easy on the teenagers you encounter. Sadly, there are more than a few adults who delight in battering the egos of children. Some are parents, and some are teachers (who actually get paid for their actions!)

Here is part of the ABC News story on Megan's death:
Nov. 22, 2007

13-year-old Megan Meier... hanged herself last year after receiving a malicious message from a friend she met online.

Megan became friends with Josh Evans on the social networking site Myspace.com. Josh claimed he was 16 years old and being home-schooled in a nearby town.

But one day, Josh sent a message to the young girl, saying she was "a bad person" and "everyone hates you." He said he didn't want to be friends with her any longer because he had heard she was not nice to her friends. Others in the online community joined in on the verbal abuse.

The cruelty and magnitude of the messages led Megan to hang herself in her bedroom closet on Oct. 16, 2006. Weeks later, her parents learned that Josh was not a real person. He was just an online identity created by a parent of a former friend of Megan's and her mother who lived down the street in their St. Louis suburb.

The two teenagers had argued, and the girl's mother wanted to find out whether Megan was saying negative things about her daughter.

"That's the biggest tragedy of the whole thing," Megan's father, Ron Meier, said. "An adult did it."

Click here for earlier posts and links.

Adults who bully children

I've seen teachers bully students, but that is considered okay by most people, particularly people who have power in schools. It's okay for adults in schools to tell children that they are "losers," "future criminals," etc.

Everyone seems to agree that the adult who tormented Megan Meir went too far.

The cruelty and magnitude of the messages led Megan to hang herself in her bedroom closet on Oct. 16, 2006. Weeks later, her parents learned that Josh was not a real person. He was just an online identity created by a parent of a former friend of Megan's and her mother who lived down the street in their St. Louis suburb.

This post has been moved to here.

This isn't the way to make the world a better place

The Megan Meir case is a tough one.

Adults who bully children are a big problem.

But instead of trying to punish a woman who really isn't that different from a lot of others, I'd like to see people reach out with kindness to the many troubled teens that are still alive.

Here's an update to the Megan Meir story from The Independent:

A suicide victim and the town that turned on her cyber-bully
By Leonard Doyle in Washington
24 November 2007

For almost a year, the families that live on Waterford Crystal Drive kept quiet about the MySpace tragedy. Not any more.

When Megan Meier's family moved to the neighbourhood, a brand new family-oriented development near St Louis, they hoped that their troubled 13-year-old would make friends.

Like millions of teenagers marooned amid the malls of suburbia, Megan turned to the online networking site MySpace for friendship. When "Josh Evans" started to exchange messages with her, Megan, a 13-year-old suffering from depression and attention deficit disorder, was elated.

Their friendship lasted about a month. Then "Josh" brutally ended it, telling her that he had heard she was a bad person. That night, 16 October 2006, Megan hanged herself in her room.

When the truth about "Josh" emerged six weeks later, her devastated parents suffered another blow. It turned out that an adult neighbour called Lori Drew who had fallen out with her daughter had pretended to be the 16-year-old Josh to gain the trust of Megan.

Megan's parents, Tina and Ron Meier, asked their other neighbours to not to discuss what had happened, while waiting for the police to take action. But nothing happened: there is no law against being cruel and immature. Local papers refused to identify the Drew family, to protect their teenage daughter.

But now, bloggers have taken on Megan's cause, with an outburst of virtual vigilantism. The Los Angeles Times reported yesterday that dozens of people have apparently been calling local businesses that work with the Drew family's company, which prints advertising. The Drews' home address, phone numbers, email addresses and photographs have also been posted on blogs such as RottenNeighbor.com and hitsusa.com. And there are reports that people are driving through the once tranquil neighbourhood in the middle of the night, screaming, "Murderer!"

To protect themselves to from vigilantes, the Drews, have placed security cameras on the roof of their house. They have also refused to talk to the media.

Megan's parents want to see the Drews prosecuted, and they want changes to the law to safeguard children on the internet. With cases of cyber-bullying being reported all over the country, their cause has the potential to become a nationwide movement.

Mrs Meier doesn't believe that anyone involved actually intended for her daughter to kill herself. "But when adults are involved and continue to screw with a 13-year-old, with or without mental problems, it is absolutely vile," she said.

Described as a "bubbly, goofy" girl who loved fishing with her dad, Megan struck up a friendship with "Josh" who told her that he was born in Florida and had recently moved to a nearby community called O'Fallon. Then he dropped her, telling her on 15 October last year that he had heard she wasn't nice to her friends.

The following day, Mrs Meier was taking another daughter to the orthodontist, and asked Megan to log off MySpace, where users must be at least 14. Megan called her mother, saying that messages were being posted about her saying: "Megan Meier is a slut. Megan Meier is fat."

After a row, Megan ran upstairs. Her father tried to reassure her that everything would be fine. Twenty minutes later, she was found dead. Mr Meier said he found a message the next day from "Josh", telling her she was a bad person and the world would be better without her.

Now police cars are patrolling Waterford Crystal Drive and prosecutors are trying to reopen the case.

http://news.independent.co.uk/world/americas/article3191530.ece

Adults who bully children

I've seen teachers bully students, but that is considered okay by most people, particularly people who have power in schools. It's okay for adults in schools to tell children that they are "losers," "future criminals," etc.

But everyone seems to agree that this adult went too far:

Officials Respond to Young Girl's Suicide
ABC News
Nov. 22, 2007

In Dardenne Prairie, Mo., town officials have passed a measure making online harassment illegal.

It's a different kind of Megan's Law, made in response to the death of 13-year-old Megan Meier. She hanged herself last year after receiving a malicious message from a friend she met online.

Megan became friends with Josh Evans on the social networking site Myspace.com. Josh claimed he was 16 years old and being home-schooled in a nearby town.

But one day, Josh sent a message to the young girl, saying she was "a bad person" and "everyone hates you." He said he didn't want to be friends with her any longer because he had heard she was not nice to her friends. Others in the online community joined in on the verbal abuse.

The cruelty and magnitude of the messages led Megan to hang herself in her bedroom closet on Oct. 16, 2006. Weeks later, her parents learned that Josh was not a real person. He was just an online identity created by a parent of a former friend of Megan's and her mother who lived down the street in their St. Louis suburb.

The two teenagers had argued, and the girl's mother wanted to find out whether Megan was saying negative things about her daughter.

"That's the biggest tragedy of the whole thing," Megan's father, Ron Meier, said. "An adult did it."

Her mother, Tina Meier, contends that young Megan's medical condition, well known to her former friends, speaks to the malicious intent behind the messaging. "They knew she had depression. They know she had ADD, and they knew the medication she was on and they've known us for years."

Their awareness of her sickness, Megan's heartbroken father says, made their actions "no different than somebody handing her a loaded gun."

The police, however, never charged the friend's mother with a crime and also kept the mother's identity confidential in order to protect her child.

http://www.abcnews.go.com/WN/story?id=3903188&page=1

At least a third of all teenagers say that they have been victims of cyberbullying at some point.