computer-fraud statutes, Ms. Drew is charged with conspiracy and three counts of accessing a computer without authorization via interstate commerce to obtain information to inflict emotional distress. Each count could lead to a maximum of five years in prison.
Ms. Drew, who lives in a small town in Missouri, is accused of creating a phony account in 2006 under the name Josh Evans, with the goal of learning about Megan and things she might have been saying about Ms. Drews daughter, Sarah, a former friend.
After a few weeks of chatting, Josh Evans began to send Megan nasty messages via the MySpace account, ending with one that suggested the world would be a better place without her. Megan responded, Youre the kind of boy a girl would kill herself over, before hanging herself in her home.
Ms. Drew found herself face to face with Megans parents and other residents of her town near St. Louis, OFallon, Mo., in a courtroom in downtown Los Angeles, where the United States attorney has claimed jurisdiction because MySpace servers and corporate headquarters are in the county. MySpace, a unit of Fox Interactive Media, is based in Beverly Hills.
Missouri law enforcement officials said they had not found enough evidence to bring charges in the case.
Federal prosecutors decided to wield a federal statute that is generally used to prosecute fraud that occurs across state lines. Some critics have said that the use of these statutes in this case is overreaching.
In opening statements, Tom OBrien, the federal prosecutor, said Ms. Drew had hatched a plan in order to prey on the psyche of a vulnerable 13-year-old. The goal, Mr. OBrien said, was to embarrass her, to humiliate her, to make fun of her and to hurt her. Ms. Drew knew of Megans history of depression and attention-deficit disorder, he said, because Ms. Drew had given Megan her medicine when she vacationed with the Drew family.
Ms. Drews lawyer argued that she was not at home when the fateful message was sent, and that while she knew about the account, she did not play an active role in sending messages to Megan. He argued that those messages were written by an employee of Ms. Drews and other young girls, and that Ms. Drew would not have understood how to set up a fake account.
Christina Meier, Megans mother, testified calmly abut the messages and said she had once alerted the police when she felt they had become sexual.
There are two sides to every story, said Dean Steward, Ms. Drews lawyer, who depicted Megan as a fickle friend who had taunted Sarah Drew by spreading horrible rumors about her. Mr. Steward implored jurors to remember that this is a computer abuse and fraud case, not a homicide case.
Judge George H. Wu instructed jurors before opening arguments that Megans suicide would be the subject of some testimony that could be relevant to their conclusions but that Ms. Drew was not charged with having anything to do with Megans death.
Ms. Stewards contention that Ms. Drew had had no role in setting up the account was called into question by the first witness, Susan Prouty, who manages an interior design shop and did business with Ms. Drew, who runs a magazine coupon business. Ms. Prouty testified that Ms. Drew had said she created the account and had intended to print out a thread of flirtatious messages to take to Megans school to humiliate her.
Ms. Prouty testified that Ms. Drew told her daughter Sarah what to type, and had even typed some herself. Ms. Prouty said that Ms. Drew, upset with Megans behavior toward Sarah, had told her, As a mother you have to protect your daughter.
computer-fraud statutes, Ms. Drew is charged with conspiracy and three counts of accessing a computer without authorization via interstate commerce to obtain information to inflict emotional distress. Each count could lead to a maximum of five years in prison.
Federal prosecutors decided to wield a federal statute that is generally used to prosecute fraud that occurs across state lines.
Tom O’Brien, the federal prosecutor, said Ms. Drew had “hatched a plan in order to prey on the psyche of a vulnerable 13-year-old.” The goal, Mr. O’Brien said, was “to embarrass her, to humiliate her and to hurt her.” Ms. Drew knew of Megan’s history of depression because Ms. Drew had given Megan her medicine when she vacationed with the Drew family.
Ms. Drew’s lawyer argued that she was not at home when the fateful message was sent, and that while she knew about the account, she did not play an active role in sending messages to Megan. He argued that those messages were written by an employee of Ms. Drew’s and other young girls, and that Ms. Drew would not have understood how to set up a fake account.
Christina Meier, Megan’s mother, testified calmly abut the messages and said she had once alerted the police when she felt they had become sexual.
“There are two sides to every story,” said Dean Steward, Ms. Drew’s lawyer, who depicted Megan as a fickle friend who had taunted Sarah Drew by spreading “horrible” rumors about her. Mr. Steward implored jurors to remember that “this is a computer abuse and fraud case, not a homicide case.”
Drew had said “she created the account” and had intended to print out a thread of flirtatious messages to take to Megan’s school to “humiliate her.”
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