<![CDATA[Jezebel: sarah drew]]> http://tags.gawker.com/assets/base/img/thumbs140x140/jezebel.com.png <![CDATA[Jezebel: sarah drew]]> http://jezebel.com/tag/sarahdrew http://jezebel.com/tag/sarahdrew <![CDATA[MySpace Trial: Jury Is Close To A Verdict]]> Yesterday, at just before 5 p.m. Pacific time, the jury deciding Lori Drew's fate emerged to announce that it had reached a decision on 3 of the 4 counts against the Missouri mom, but were split on the fourth. According to the LA Times, Drew "is charged with three counts of violating federal computer statutes and one count of conspiracy," for creating the fake MySpace account she allegedly used to help torment her daughter's friend, 13-year-old Megan Meier. Wired notes that earlier in the day, the jury asked the judge "to clarify an earlier instruction related to the issue of a 'tortious' act — an act that causes malicious or negligent harm to, in this case, Megan Meier, which is a requirement for finding Drew guilty on the computer fraud charges."

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"

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<![CDATA[MySpace Trial, Day 4: Sarah Drew Says Megan "Was My Best Friend" ]]> Yesterday marked the final day of testimony in the trial of Lori Drew, which may set precedent in cases of cyberfraud and social networking. Today at 9 a.m. a jury of six men and six women will convene to decide the fate of Ms. Drew, whose online bullying of Megan Meier allegedly violated the MySpace terms of use and drove the 13-year-old to suicide. Judge George Wu says he will not decide whether or not to dismiss the case until after the jury has deliberated. In the final day of testimony, Lori's 16-year-old daughter, Sarah, took the stand to complete her testimony, more details came out about Megan's role in the initial rift with the Drew family, and both sides provided their closing arguments.

  • Megan allegedly called Sarah an "ugly lesbian," which is what prompted Lori Drew and her business assistant, Ashley Grills, to create the fake MySpace account in the first place.
  • According to People:
    Drew's now 16-year-old daughter Sarah testified Monday that, on Oct. 16, she was with Grills and, "I told her not to send that last message" to Megan that said that the world would be a better place without her.
    "Did Ashley send that last message?" O'Brien asked.
    "Yes," Drew said as she wept.
    Two of the six female jurors dabbed at their eyes.
    "She was my best friend," the defendant's daughter tearfully recalled.
  • Defense attorney Dean Steward said in his closing statements that Drew can not be guilty of a conspiracy because a conspiracy implies intent. Drew didn't even read the MySpace terms of use, so she could not have intentionally violated them. "Nobody reads these things, nobody," he said. "... How can you violate something when you haven't even read it? End of case. The case is over."
  • More from Steward: "If you hadn't heard the indictment read to you, you'd think this was a homicide case…And it's not a homicide case. This, ladies and gentlemen, is a computer case, and that's what you need to decide."
  • In addition, he added that there was no cyberbullying in this case because "Megan dished it out the same way that she got it," and Steward also said, "[Ashley] Grills, bless her heart, is pathetic."
  • The prosecution focused on the tragedy of the case in order to sway jurors. According to the AP, "Lori Drew decided to humiliate a child," U.S. Attorney Thomas O'Brien said. "The only way she could harm this pretty little girl was with a computer. She chose to use a computer to hurt a little girl, and for four weeks she enjoyed it."
  • "The tragedy in this case is not just Megan Meier's suicide," U.S. Attorney Thomas O'Brien said in his closing arguments to jurors, Reuters reports. "It's the fact that it was so preventable. If, as a 47-year-old woman Lori Drew was so upset that Megan Meier had called her daughter ugly or a lesbian, she could have gone over and talked to her mom and we wouldn't be here."

Judge Postpones Ruling On Lori Drew MySpace Trial [Wired]
Jury Gets Case Of MySpace Hoax Tied To Suicide [AP via MSNBC]
Cyber-Bullying Suicide Case Goes to Jury [People]
Jury To Deliberate In MySpace Suicide Case [Reuters]
Lori Drew Case Goes To Jury [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"
MySpace Trial, Day 3: Lori Drew's Daughter Speaks

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<![CDATA[MySpace Trial, Day 3: Lori Drew's Daughter Speaks]]> Day 3 of the trial against Lori Drew, accused perpetrator of cyberfraud, continued on Friday with testimony from Drew's daughter and Megan Meier's former friend, Sarah. Sarah, now 16, testified that Megan said to her, "I don't know if I could live anymore." (Sarah burst into tears when Federal attorney Thomas O'Brien asked her why she didn't tell anyone about Megan's confession of suicidal thoughts.) Much of what Sarah said under oath directly contradicted the testimony of her mom's assistant, Ashley Grills, on whom Lori Drew is placing most of the blame. More on Sarah, as well as the possibility that the case may be dismissed today, after the jump.

  • 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."

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