Drew, 50, was supposed to be sentenced yesterday after being convicted in November of three misdemeanor charges for unauthorized computer access. She faces a maximum sentence of three years in prison and a $300,000 fine, but probation authorities recently recommended probation and a $5,000 fine.

After authorities in Drew's home state of Missouri declined to charge her in connection to 13-year-old Megan Meier's suicide, prosecutors in Los Angeles, where MySpace is based, charged Drew using the Computer Fraud and Abuse Act, a federal anti-hacking statute. The prosecution argued that Drew's violation of MySpace's terms of service when she created a fake profile to harass Meier was the legal equivalent of computer hacking, but U.S. District Judge George Wu said the prosecution's argument was "troublesome," according to the Los Angeles Times. "Using this particular statute in this particular situation is so weird," said Wu.

In an hour long discussion yesterday, Wu questioned Assistant U.S. Attorney Mark Krause on the law used to prosecute Drew, reports Wired. "Is a misdemeanor committed by the conduct which is done every single day by millions and millions of people?" asked Wu, "If these people do read [the "terms of service"] and still say they're 40 when they are 45, is that a misdemeanor?"

Krause responded that Drew committed a crime by signing up for the fake MySpace account with the intent to harm Meier, and that she knew her actions were illegal because she deleted the account shortly after the girl's suicide. After the jury verdict in November, the defense sought a directed acquittal on grounds that the defense did not prove their case. Judges usually quickly overrule such motions, but Wu has delayed his ruling for more than five months. Now he has further postponed the sentencing because he wants to reconsider Drew's punishment and the defense motion to dismiss the entire case.

Megan Meier's parents both spoke at the hearing. Wu did not look at Ron Meier during the first part of his statement, and only turned to him when his voice broke as he said, "I am no longer married to Megan's mom... We are both financially ruined, and I have gone through a living hell."

Tina Meier began her statement by repeating some details she mentioned during the trial itself; Wu interrupted her, saying she had already testified about those facts. Ms. Meier, who has been campaigning against cyberbullying across the country since her daughter's death, closed her statement by saying, "This is not just about Megan Meier," and that Lori Drew needs to be punished in order to "make a stand now for all the people who go through this."

MySpace Hoax Sentencing Delayed [The Los Angeles Times]
Judge Postpones Lori Drew Sentencing, Weighs Dismissal [Wired]

Earlier: Crime & Punishment
Breaking
MySpace Trial Jurors Wanted A Harsher Sentence For Lori Drew
Megan Meier's Mother Talks To Today About MySpace Verdict

Though the jurors did not indicate which charge they're hung up on, Wired also makes the point that three of the charges are nearly identical, so it's likely that the conspiracy charge is the one they're struggling with. In addition, "Jurors can find Drew guilty of conspiracy if they conclude that she schemed with others in violating MySpace's terms, without necessarily committing a computer crime herself." However, some detractors of Federal prosecutor Thomas O'Brien still believe that Lori Drew should not have been charged in the first place. Reason Magazine's Jacob Sullum says:

The charges did not fit the facts of the case…[O'Brien] never presented any evidence that Drew saw MySpace's Terms Of Service, let alone agreed to them. Furthermore, O'Brien's interpretation of the law would make criminals of us all. Shortly after the indictment, Orin Kerr, a George Washington University law professor who later volunteered as a pro bono attorney for Drew, noted, "Since everyone who uses computers violates dozens of different TOS every day, the theory would make everyone who uses computers a felon."

The jury will reconvene at 9 a.m. to try to hash out that final charge and attempt to reach a unanimous verdict.

Lori Drew Jury Nears Verdict on Three Charges, Struggles With Fourth [Wired]
MySpace Jury Reaches Verdicts On Some Counts [L.A. Times]
Thomas O'Brien's MySpace Hoax [Reason]

Earlier: MySpace Trial, Day 1: Megan Meier's Last Words
MySpace Trial, Day 2: Lori Drew Says, "It's Not Like I Pulled The Trigger"
MySpace Trial, Day 3: Lori Drew's Daughter Speaks
MySpace Trial, Day 4: Sarah Drew Says Megan "Was My Best Friend"

• Sarah Drew told the court that her mother Lori thought the MySpace hoax was a good idea only for the first two weeks of tormenting Megan. Sarah claims that Lori told her assistant, Ashley Grills, to delete the "Josh" profile at that time.
• According to the AP, " Sarah also said she tried to stop Grills from sending the final message. 'I was like, Ashley, no, don't send it,' Sarah said. 'She said she sent it and laughed about it.'"
• Sarah testified that she never saw her mother use the MySpace account, directly contradicting Grills.
• Also from the AP:
  

  Sarah said Megan confided in her on two occasions that she wanted to kill herself. "She was like, I don't know if I could live anymore," she said of one instance. "I told her not to do it." Sarah cried on the witness stand and nodded when O'Brien questioned her about why she didn't tell any adults about the suicide conversations. Defense attorney Dean Steward stood up and lashed out at the region's top federal prosecutor for badgering the teenage girl.

• After the prosecution rested its case on Friday, Wired reports, Drew's defense asked for an immediate dismissal based on Sarah's testimony that Lori Drew never read or agreed to the MySpace terms of use, and as a result could not have violated these terms. Furthermore, Ashley Grills accepted these terms of use, not Lori Drew.
• From Wired:
  

  Wu retired to his chambers to review transcripts of previous testimony and consider the motion. When he emerged 30 minutes later, he asked both sides to file written briefs on the issue. He allowed the defense to proceed with direct examination of its witnesses and said he'd give his decision about the motion to dismiss on Monday.

Daughter Defends Mom In MySpace Hoax Trial [AP via USA Today]
Judge Considers Throwing Out Lori Drew Case [Wired]

Earlier: MySpace Trial, Day 1: Megan Meier's Last Words
MySpace Trial, Day 2: Lori Drew Says, "It's Not Like I Pulled The Trigger."