LOS ANGELES – A federal judge on Monday questioned whether prosecutors were correct in bringing charges against a Missouri mother who was involved in a MySpace hoax directed at a 13-year-old neighbor who ended up committing suicide.

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. The judge 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.

He 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.

"Wouldn't that constitute a misdemeanor if the court adopts the government's position in this case?" Wu asked.

Much attention has been paid to Drew's case, primarily because it was the nation's first cyberbullying trial.

Prosecutors said Drew sought to humiliate Megan Meier by helping create a fictitious teen boy with the help of her then-13-year-old daughter Sarah and business assistant Ashley Grills on MySpace 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.

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 in the St. Louis suburb of Dardenne Prairie.

Prosecutors said Megan sent a response saying, "`You are the kind of boy a girl would kill herself over.'"

In November, 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.

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. He said Drew and her co-conspirators gained Megan's confidence posing as "Josh Evans," "figured out her pressure points and were able to inflict emotional distress" upon the girl.

When asked by Wu what crime was committed, Krause said Drew accessed a computer without authorization or exceeded its access to obtain information. Krause added that Grills testified she told Drew what they were doing online was illegal, but Drew let the hoax continue.

Defense attorney Dean Steward has argued that charges should have never been brought against his client and prosecutors are adamant about making Drew a public symbol of cyberbullying.

"The government continues to put a square peg in a round hole," Steward told the judge.

He also objected to having Megan's parents speak in court, saying MySpace, not the teen's family, is the victim in this case.

However, both Ron and Tina Meier spoke on Monday.

Ron Meier, his voice trembling, said he's lived in seclusion since his daughter's death and believes Megan was bullied by Drew.

"It just sickens me that it was an adult who was playing with the mind of a 13-year-old," he said as Drew looked on. "I truly believe prisons were made for people like Lori Drew."

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

http://news.yahoo.com/s/ap/20090519/ap_on_re_us/us_internet_suicide;
_ylt=AuWORN8qFDeR.W0moAvlZxJvzwcF

That grown woman who messed with that 13-year olds head so bad, that the kid killed herself--the adult should be charged with something. emotional abuse is worse than physical abuse...WAKE UP DISTRICT ATTORNEY!

I have been online harrassed and its no joke.It can really mess with your head if the person knows anything about you. But I don't know how the legal system should handle it considering that just about anything can be an illusion online

then i guess video game makers should be prosecuted as well


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On the heels of Jack Thompson’s rush to blame video games in the wake of the tragedy at Virginia Tech, Dr. Phil has chimed in with support for this theory

http://www.gamestooge.com/2007/04/16/dr-phil-suggests-video-games-to-blame-for-virginia-tech-shootings/

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sorry if she is not a professional therapist she is not liable and if she is then i am not sure either way --- as she would know how to manipulate his mind (maybe)

Their statements. This happened right outside of St. Louis, btw.

http://www.ksdk.com/news/local/story.aspx?storyid=161211&catid=40

If it bothered you, just imagine being a 13-year-old girl with ADD and depression. She also considered herself overweight.

Yes, it can be illusion. I think that the intent is an important factor. An adult intentionally harassed a 13-year-old and made her life miserable.

So, what exactly was the crime committed?

If I off myself and leave a note that it was because of this very post, can you all be sentenced?

LMAO

Some might confess!

No kidding Fanta. Good bye constitution, good bye reasonable law. We now sentence just to make someone feel better.

We're talking about the abuse of a child here. Children need to be protected.

I agree, by their parents, making sure they are not on the internet dating sites if they are too stupid or unbalanced to the point they are going to off themselves because somebody somewhere said something.

I know what you mean.
"Rule by popularity and headlines?"

it is a form of harassment. an adult harassing a child is sick. what kind of woman does that? pick on someone your own size or age

The child was not on an internet dating site.

The adult created a fake teenage boy profile to spread rumors about her and gain her trust, act like he liked her and hurt her. The children at school were reading it all too.

That is one sick adult and children need to be protected from her.

Rose, there is NO HARM. It is only words. Not even real words to that matter, simply some stupidity on internet.

Oh, I am sorry, I though we were talking about MySpace. Isn't that where they learn alphabet?

to a child that might be in distress...for an adult to do it...can leave a HUGE impact. but i said it was harassment (at least in texas) and if the words lead them to suicide...that person contributed

there is a difference in debates and emailing harassments

CYBERSTALKING AND INTERNET HARASSMENT

sorry...caps lol

What about all those young men living in fear of their girlfriends father?