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Woman Indicted In MySpace Suicide Case 654

longacre writes "The Associated Press is reporting an indictment has been handed down in the sad case of Megan Meier, the girl who committed suicide after receiving upsetting MySpace messages from someone she perceived to be her boyfriend. It was later determined the boy, Josh Evans, was a fictitious identity created by a neighbor of Meier's family. Lori Drew, of a St. Louis suburb, has been charged with 'one count of conspiracy and three counts of accessing protected computers without authorization to get information used to inflict emotional distress on the girl.' Interestingly, despite the alleged crime having occurred strictly in Missouri, the case was investigated by the FBI's St. Louis and Los Angeles field offices, and the trial will be held in Los Angeles, home of MySpace's servers. Wired is running a related story about the potentially 'scary' precedent this case could set."
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Woman Indicted In MySpace Suicide Case

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  • Re:Scary (Score:3, Informative)

    by QuantumG ( 50515 ) * <qg@biodome.org> on Friday May 16, 2008 @05:01AM (#23430488) Homepage Journal
    It's not just you, I've seen hundreds of mis-replies since the threading rendering was fucked up.
  • by dwater ( 72834 ) on Friday May 16, 2008 @05:17AM (#23430554)
    Am I missing something?

    Everyone's talking about it like she's been found guilty already. Has the case been judged on already and I missed it?
  • Re:Scary (Score:5, Informative)

    by mazarin5 ( 309432 ) on Friday May 16, 2008 @05:35AM (#23430658) Journal
    I would expect that she knew about the girl's problems. Her daughter and Megan had been close friends until they got in a fight; the reason Lori Drew alleges she started the hoax was to find out what, if anything, Megan was saying about her daughter. Megan confided in the persona for a long time, until she discovered a sudden onslaught of bulletins revealing all the secrets she shared, personal attacks, and comments about her body and mental health.

    When Megan questioned "Josh" about his intentions, "he" responded "You should just kill yourself."

    She did. She hung herself with a belt in her closet; it wasn't enough of a height to break her neck, but she crushed her throat and slowly suffocated over the next hour. Her mom found her upstairs, dead, a few days before her fifteenth birthday. She never lived long enough to find out that the cruelty was perpetuated by a grown woman living a few houses down, her daughter, and another neighbor girl.

    I've been following this one for a while.
  • by mazarin5 ( 309432 ) on Friday May 16, 2008 @05:48AM (#23430738) Journal
    This is an old story, and Lori Drew has already made public statements on this matter. The facts of the incident aren't being discussed at this point, but rather what charges they can bring against her.
  • Re:Scary (Score:4, Informative)

    by Wavebreak ( 1256876 ) on Friday May 16, 2008 @05:48AM (#23430740)
    She might not be guilty of murder, but causing the death of another human being is a crime regardless of whether it was her intention to do so. There are circumstances that might exculpate someone, such as self-defense (in some cases), but none of them apply here.
  • Re:Back To Reality (Score:5, Informative)

    by PakProtector ( 115173 ) <cevkiv@@@gmail...com> on Friday May 16, 2008 @06:45AM (#23431034) Journal

    Maybe you should go look up the legal definition of murder. Last time I checked murder was "any willful act, knowingly undertaken, which causes the death of another person." You don't have to mean to kill someone with your actions. If you do something when you can reasonably infer that doing so would cause grievous bodily harm or death, and you do so anyway because you don't care, it's called depraved indifference. This woman deserves to go to jail for her actions. IN our society is is generally considered unacceptable to prey upon those weaker than us, be it mentally or physically. This woman may not have beaten the girl to death with a hammer, but her actions are just as criminally culpable as if she had. She killed this girl, and her weapon was MySpace.

    You may not like it, but you can be charged with murder for driving someone to commit suicide if it's determined you did what you did on purpose. You need not have meant to kill them. Just as you can be charged with murder if you shoot someone and they die, even if you didn't mean to kill them. You intended to cause grievous bodily harm which then lead to death. This woman intended to cause grievous psychological harm which led to suicide.

  • by Serious Lemur ( 1236978 ) on Friday May 16, 2008 @06:50AM (#23431056)
    Turns out I misread TFA. The crime was accessing private data, not using it to "inflict emotional distress", it was just phrased badly in (or my brain was malfunctioning when I read) the article.
  • by Serious Lemur ( 1236978 ) on Friday May 16, 2008 @07:00AM (#23431108)
    Actually, we got into a discussion on this same subject lower down in the replies (I'd say later, but it was two hours earlier or so). The "emotional distress" bit wasn't actually part of the crime, her crimes were using false pretenses to gain access to Myspace (not using her real name) and conspiracy (I believe conspiracy to hurt the girl). So unless you have an elaborate plot to convince me I live under a bridge, feel free to mod me a troll.
  • by adam613 ( 449819 ) on Friday May 16, 2008 @09:07AM (#23431966)
    Gotti was not sent away for tax evasion. He was convicted for the murder of Paul Castellano, among other things. You're probably thinking of someone else [wikipedia.org].
  • by bhtooefr ( 649901 ) <bhtooefr@bhtooefr. o r g> on Friday May 16, 2008 @09:12AM (#23432040) Homepage Journal
    IANAL, but... as I understand it, when charges are filed against someone, the case goes before a grand jury, to determine whether the defendant could have possibly done the crime. If so, then the defendant is indicted, and the case goes to trial. Otherwise, it's thrown out before it goes to trial.
  • by bsDaemon ( 87307 ) on Friday May 16, 2008 @09:26AM (#23432220)
    an indictment means that a Grand Jury has weighed all the evidence and decided that there is enough of it to cause any reasonable person to believe that a crime has in fact been committed. Rules of evidence are much more lax and guilt or non-guilt is not the issue -- only whether a crime has been committed.

    The Grand Jury then issues an indictment, which are the formal charges which will be presented to the criminal court, in which arguments will be weighed by a Petite Jury who decides if the individual in question did the shit that the Grand Jury said happened.

    My knowledge of the British legal system comes from watching Poirot and a few episodes of Murphy's Law, but I think its roughly analogous to a Coroner's Inquest in the UK, where they decided if in fact a it was a murder before they decide who actually gets charged with the crime.
  • by aka-ed ( 459608 ) <.moc.liamg. .ta. .cilbup.tbor.> on Friday May 16, 2008 @10:14AM (#23432876) Homepage Journal
    As the indictment is handed down, the issue being legally resolved is the question of whether or not a crime has been committed. Most of us think a rather heinous crime was committed and, as Lori Drew is the only accused, she's getting the benefit of people's wrath. We all know that she is innocent in the eyes of the law, but we also know that "Josh Evans" did not invent himself.
  • by Ardipithecus ( 985280 ) on Friday May 16, 2008 @11:03AM (#23433802)
    It is a common lawyerly saying that one can get a grand jury to indict a ham sandwich.

    In this case, we can see a US Atty was as indignant as most decent people and has gone pretty far out of his way to do something about it.

    Perhaps DREW can Facebook from the big house.

  • by KarmaOverDogma ( 681451 ) on Friday May 16, 2008 @11:29AM (#23434310) Homepage Journal
    "I can sue you because it's Friday. All I have to do is show why it being Friday hurts me, and why I think it's your fault, and it becomes an actionable 'offense'."

    You could certainly try.

    Such a case would lack "standing" http://en.wikipedia.org/wiki/Standing_(law) [wikipedia.org] (since I didn't "make" the day: "Friday") and other tort requirements. The case would be thrown out or summarily dismissed and you'd be left vulnerable to a counter suit for frivolous litigation http://en.wikipedia.org/wiki/Frivolous_litigation [wikipedia.org]. By me.

    You'd probably lose, too.

    Yes, Yes, I understand your point about there being too many lawsuits. Do you think Ms. Meier's family would be frivolous to sue here?
  • by onecheapgeek ( 964280 ) on Friday May 16, 2008 @12:14PM (#23435114) Journal

    Because she isn't being charged for what happened, she is being charged for unauthorized access to a computer. They are trying to criminalize not following a site's TOS. Furthermore, they are selectively prosecuting on the grounds that people like you will take an alarmist view of what happened and convict on emotion rather than facts.

    My logic is like this:
    1) Someone signed up a fake myspace account
    2) Someone sent fake messages pretending to be a boy interested in a girl
    3) Someone started to be mean, supposedly because that Someone wanted the girl to forget the boy and end the charade
    4) As a final comment, Someone told the girl that the world would be better without her
    5) No criminal law on the books was violated as a result of this
    6) To molify the "protect the children OMG" crowd, a very wrong interpretation of existing law is being used to make an, at best, civil action criminal
    7) To make matter worse, the indicted person is NOT the Someone mentioned above
    8) The general populace, you included, has been blinded by rage and is losing sight of the fact that actions which have for years been done to avoid spam or other unnecessary identification online are being criminalized all because a girl whose parents wouldn't get her help and who willfully ignored her mother's order to stay off the internet offed herself because she thought a boy dumped her

    Is that clear enough for you? I'm not defending the,as you call them, evil actions. They suck. But using a hacking statute to prosecute because there exists no other law rather than fixing the legislation that does exist is reactionary and scary and most of all wrong. You are the one trying to justify it by bring "corrupting minors" into it, then changing the focus when I point out that no living minors were corrupted as it was adults involved. My point revolves solely around the prosecution of, at most, an accessory while the actual participant is forgiven and not charged.

    If Ashley Grills had also been charged, I would be railing SOLELY on the law used. That isn't happening, though. So let's go back to your original question regarding a school shooting (great use of more reactionary crap to use your point).

    if i have a son who buys a gun to kill someone, and threatens to shoot a bunch of kids at school, and then i find about this, and gleefully pick up the gun, help my son with the list of kids to murder, and shoot some of the kids myself, am i somehow less guilty than if i had arranged the school shooting all by myself without my son's involvement?
    No, you are not less guilty. What you are neglecting in your analogy is this question: Should you be charged and your son NOT charged? since we all know that answer is no, it is not an apples to apples comparison and you are just using inflammatory, emotional arguments to try to make me look like an asshole.

    I've probably done a great job of looking like an asshole on my own, just not for the reasons you've cited. And I've managed to do it without invoking school shootings and emotional "think of the children" pleas. Think you can work terrorism into your next response for the trifecta?

  • by Dog-Cow ( 21281 ) on Friday May 16, 2008 @12:57PM (#23435928)
    That's not true. A law which states "do not murder" protects exactly no one and nothing. The purpose of a specifc law is to deter people from taking a specific action.

    A law which states "commit murder and face jail time" presumes to deter people from committing murder. Such laws have not prevented any murder committed in the past, nor will it prevent all murder from this day forward.

    The punishment is an integral part of the law. It is the deterrence. If the punishment is not seen as a consequence worse than the perceived benefits of the action, the action is not prevented.

    By necessity, the punishment must be worse than the crime in order to be a deterrence. Why do you think corporations flout laws all the time? Because the fines imposed are dwarfed by the profits made.
  • by Scrameustache ( 459504 ) on Friday May 16, 2008 @01:16PM (#23436242) Homepage Journal

    People don't seem to consider that she's telling the truth.
    Well, an entirely fictitious person was created for the purpose of messing with someone real, we seem to think the people involved might be liars.
  • Re:A few thoughts... (Score:3, Informative)

    by gnasher719 ( 869701 ) on Friday May 16, 2008 @01:27PM (#23436440)

    What if Josh Evans really existed, and was true to what was spoken? Because then it would be a freedom of speech issue.


    That would be similar to the difference of the girl being pushed down the stairs and her falling down the stairs by accident. Or someone intentionally hit by a car or being accidentally hit.
  • by Solitude ( 30003 ) on Friday May 16, 2008 @02:15PM (#23437452)
    When an adult does this to a child, it's usually called child abuse.

    "Child abuse is the physical, psychological or sexual maltreatment of children."
  • by BitterOak ( 537666 ) on Friday May 16, 2008 @04:05PM (#23439170)

    When an adult does this to a child, it's usually called child abuse.

    I believe child abuse statutes come into play when the child is in the care of the alleged abuser, for example, a parent, teacher, babysitter, etc. I don't think that kind of relationship existed between the victim and the defendant.

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