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MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide

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BAngieB
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
I still think country justice is the way to go on this one.
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Aesop's Foibles. YES.
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
Alright. I get that this trial is about breaking the rules that govern internet usage. And since that's the case, then yes, she's guilty. Those rules are in place to protect people, and her actions provide a perfect example of the need for such rules. I hope that because this case has no precedent, she's punished as harshly as the law allows. However. In light of her being the cause of a little girls' suicide, she *should* be facing murder/wrongful death charges also. What a heartless bitch.
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BelleBreezing
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
Um, since when is damages caused to someone as a direct result of the crime you're on trial for not admissable? That's like only traing a drunk driver for a DUI when they've killed a family of 4.
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MegSpencer
11/11/08

@BelleBreezing: It just doesn't work that way. As I understand it, the point of the trial is to decide if she is guilty of computer fraud. The fact that a girl died does not have any relevance as to whether or not she committed said fraud. Assuming that her actions did lead to Megan's death, it happened whether she committed said fraud or not.
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PilgrimSoul
11/11/08

@MegSpencer: It has relevance to the sentencing phase, I believe.
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MegSpencer
11/11/08

@PilgrimSoul: You seem to be right, at least from the link posted above. Oi, what a mess.
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peperony and chease
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
Without the suicide entering into the discussion, she's about as criminal as whoever created the Boone's Farm profile I'm friends with on Facebook.
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Easybreezy
11/11/08

@peperony and chease: The only crime you are guilty of is........being too awesome.

Boone's Farm: the best choice for underage drinkers and the homeless. And me, of course.
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peperony and chease
11/11/08

@Easybreezy: I'm charging you with negligence...in trying MD 20/20.
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jleigh
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
The suicide is irrelevant. Look at the charges. This isn't emotional distress. The charges are computer based, it's about falsely portraying yourself.

Yes, there should probably be an IIED suit, but that's a civil matter. Folks, let's not forget that originally no one thought we could even charge her. There's no real precedent. And it's unlikely this case will be successful.

The issue isn't to complain about the judge. If you want it to be different, go write a letter to your state legislators to change the law in your state to stop this kind of action.

Yet again, Jezebel, y'all are in serious need of a legal correspondent who actually gets this stuff instead of just spreading inflammatory freak-outs.
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Easybreezy
11/11/08

@jleigh: Can you be our legal correspondent?
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Penny
11/11/08

@jleigh: Can you remind me why there is not a precedent for an IIED suit? Has a person really never faced any charges related to emotional/psychological abuse?
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bluebears
11/11/08

@jleigh: Jezebels are suprisingly pro-prosecution, I've noticed it in other posts. Yes this woman is a monster but people need to understand how important it is for the judge to act as a filter to insure a defendant gets a fair trial.
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amenfro
11/11/08

@jleigh: Good point.
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Penny
11/11/08

@bluebears: Well, I don't know that it's quite fair. To jleigh's point, the posts are often....inflammatory and most commenters are not lawyers. I think it's a natural response and most would reevaluate after being educated on the realities of the system.
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Penny
11/11/08

@Archetype: Jesus that first sentence would make the grammar gods scream.
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bluebears
11/11/08

@Archetype: i THINK jleigh was referring to there not being a precedent to this sort of cyber bullying/stalking that results in death, type of case. The family could bring some sort of wrongful death action in civil court that could include IIED.
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bluebears
11/11/08

@Archetype: point taken.
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Penny
11/11/08

@bluebears: I didn't mean for that to sound defensive :-) Even I commented before reading the entire post, although I wouldn't refer to myself as pro-prosecution.
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bluebears
11/11/08

@Archetype: don't worry, i didn't read it as defensive. skin like an elephant this one (points at self)
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hortense
11/11/08

@jleigh:If you have suggestions to make about the site, it's best to email the editors directly, as they might not see them in the comments.
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AnnieKObama
11/11/08

@bluebears: from what I remember from torts class, the prof said IIED was super hard to prove and was usually tagged onto other issues? Obvs this would work nicely with a Wrongful Death claim.

Anyway, I don't really see the criminal prosecution getting anywhere- the offense seems to be a stretch!?
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bluebears
11/11/08

@AnnieKObama: well yeah, its that whole "intentional" part. its hard to demonstrate in court what someone was privately thinking/intending. I think the case is a stretch brought by the State to quell the publics outrage. They know they don't have much of a case.
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Aesop's Foibles. YES.
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
Who gives a flying fuck about proper internet usage? The girl KILLED HERSELF! How is that not relevant??!! WHAT. THE. FUCK.

*mind boggles*
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MontanaWildhack
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
This is not frustrating or confusing - the fact that the judge won't let in the evidence of the suicide just shows how ridiculous these charges are in the first place. You have to understand what this woman is and is not being prosecuted for - she is being charged with a computer hacking crime, i.e. lying about how she intended to use MySpace when she signed their user agreement and went ahead and created a fake profile. She is NOT being prosecuted for the death of this child - Judge Wu is absolutely correct that letting the jury hear about Megan's death would be unfairly prejudicial if they are determining whether she is guilty of the crime she is charged with HERE, which is computer fraud. Lori Drew may be guilty of being an asshole, and a monster, but that is not what she is on trial for - and the judge has to exclude any evidence that is more prejudicial than probative as related to these charges, which as I said are trumped-up bullshit IMO.
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bluebears
11/11/08

@kc2002: it would be GROSSLY prejudicial. the fact is they don't have near enough evidence to hold her criminally responsible for this girls death. jezzies are really anti-defense, huh? I've noticed this before.
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amenfro
11/11/08

@kc2002: The other part of the article that bears mentioning is that Judge Wu has not made the decision yet. The final judgment on this issue will be made on Friday, not today.

I suspect Lori Drew is guilty of something, but I'm not sure if there's a law that she's broken.
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MegSpencer
11/11/08

@kc2002: Thank you for the clear explanation. This whole situation is disgusting, but I believe the judge is completely correct in this.

I suspect that, if she's a Christian, Drew will get her just deserts in the afterlife.
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MontanaWildhack
11/11/08

@MegSpencer: No prob - my legal training comes in handy sometimes. :)
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MegSpencer
11/11/08

@kc2002: I find this all fascinating, which is no doubt why I'm applying for law school right now. It sort of bothers me that I can kind of mute my emotions and turn on my logic brain for things like this, but I see why it's necessary.
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bluebears
11/11/08

@MegSpencer: DONT DO IT!!!! heh. jk. seriously though law school sucks be prepared to spend 3 years with some of the biggest douche nozzles you will ever meet.
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samethingwedoeverynightpinky
11/11/08

@kc2002: Yeah, I find it a bit strange that the post on how horrible it is that that woman in Iran was put in solitary confinement for a month over an alleged parking violation is followed by a post that's all OMG! How dare a judge actually read an consider a defendant's motion, like the law requires! How dare he consider actually enforcing the law as it is currently written, and not just convincting someone because the public doesn't like her!

(I am not at all saying Lori Drew is as sympathetic as that poor young woman in Iran. But the laws and procedures being followed here are meant to prevent that level of injustice, and in many cases do.)
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Smackdown
11/11/08

@bluebears: This has been the case ever since this got brought up a year ago or something. More like the "hang 'em high" mentality without any real thought to the legal ramifications of that.

Mob mentality != justice.
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JessicaLovejoy: Laughing, riding, cornholing!
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
I didn't buy suicide not being relevant at the conclusion of Go Ask Alice, so I seeeeriously don't buy it in real life.
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Aesop's Foibles. YES.
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
This woman is a Grade A monster. I consider her a murderer and I think she should be prosecuted as one. What kind of person gets involved in their child's bs and takes it to this kind of level? The girl KILLED HERSELF as a result of this woman's actions. Why is this case about proper use of the internet or whatever the fuck? How is THAT horseshit relevant, I'd like to know?
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rainbowsandkittens
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
I'm totally lost on why the consequences of this crime (intended or unintended) are not germane to her trial. Someone can't really go into a murder hearing claiming "I just wanted to commit armed robbery, not kill anyone." and have the fact that someone died be redacted from the evidence.
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bluebears
11/11/08

@rainbowsandkittens: But thats in a trial where a defendant is accused of murder. She's not accused of murder at ALL here. not: 1st, 2nd, Depraved Indiff, Manslaughter, nothing. just a form of computer fraud.
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PilgrimSoul
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
I can't find enough information to interpret this, but my guess is that even as far as the underlying tort is concerned - intentional infliction of emotional distress - it isn't necessary to show suicide to prove the emotional distress, and so the judge is weighing the inflammatory nature of the evidence against its relevance to what's being charged.

I'm not really sure it'll make much difference.
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BrutallyHonestBabes (aka Mrs. Sarah.of.a.Lesser.Hobbit)
11/11/08

@PilgrimSoul: Will the jury wonder why Megan is not there to talk about her emotional distress?
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lenora
11/11/08

@PilgrimSoul: remember that this is a criminal charge--the tort won't exist in this case. megan's family can bring it up if they bring a civil suit for intentional infliction of emotional distress or wrongful death or whatever.
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peperony and chease
11/11/08

@BrutallyHonestBabes: "The prosecution would now like to call Megan Meier to the stand...what? Oh, my bad. She couldn't be here today...or tomorrow...or ever...
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PilgrimSoul
11/11/08

@lenora: But they need an underlying tort to get to the criminal charge. It's not a mere misrepresentation crime.

@BrutallyHonestBabes: Er, yeah.
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That-Dude
11/11/08

@PilgrimSoul: is that correct, i dont think that is correct . . . misuse of the website, regardless of what type of misuse, alone is the act.
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That-Dude
11/11/08

@That-Dude: trying to talk through it . . .
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PilgrimSoul
11/11/08

@That-Dude: But there's no punishment without a further crime or tort or any number of other category.

You are right that the misuse is the act per se, but it is not the only thing that makes the offense punishable.
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PilgrimSoul
11/11/08

@That-Dude: Here is the statute:

[www4.law.cornell.edu]

They charged her under (a)(2)(C), I believe, with punishment under (c)(2)(B). I'm sorry, I don't have time to double check the indictment.
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PilgrimSoul
11/11/08

@PilgrimSoul: sorry, (c)(2)(B)(ii).
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Easybreezy
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
As long as the jury has the tiniest inkling of what this woman is responsible for (and presumably they would, considering this is such a high profile case), I think this should not affect the outcome of the trial too drastically.

I mean, she CLEARLY deserves some legal punishment for what happened. The defense can only do so much to dissuade people from that glaringly obvious fact.

I just hope they lock her up for a long time.
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Ulookinatmyjunk, JOC
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
"Judge, we would like to strike the whole, 'dead young girl' thing from the record. It turns out that middle-aged woman that torments a young girl to the point of suicide, can be a real downer for the defense."

Screw that lady. She deserves everything she gets.

I'm sure Megan's family is reeling.
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rollergirl76
11/11/08

@ULookinAtMyJunk is the Hate Mitigator: And why do I get a feeling, this woman isn't even sorry for what she did?
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Mkp-hearts-NYC
11/11/08

@rollergirl76: Because "OMG, she didn't do anything wrooong...it's not her fault the girl was all the hateful stuff she said to her"

(This story breaks my heart)
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rollergirl76
11/11/08

@Mkp-hearts-nyc: Ditto.
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Mkp-hearts-NYC
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
I know just how the prosecutor should handle this:

"So, Ms. Drew, you're accused of writing messages to a teenage girl until she...did...something significant *ominous look to the jury*...How did you feel after she did....that thing..?"
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CrossWord
11/11/08

@Mkp-hearts-nyc: *waggles eyebrows*
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bluebears
11/11/08

@Mkp-hearts-nyc: immediate mistrial.
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Mkp-hearts-NYC
11/11/08

@bluebears: ...I wasn't /actually/ suggesting the prosecution give the jury a "nudge nudge wink wink"....
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bluebears
11/11/08

@Mkp-hearts-nyc: i figured as much
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hatepaperdoll
11/11/08

In reply to MySpace Trial Jury May Not Even Hear About Megan Meier's Suicide
I suspect they'll hear about it anyway.
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