In anticipation of Lori Drew's sentencing hearing Thursday, Rep. Linda Sanchez (D-California) issued a statement late Wednesday praising prosecutors for their work on the controversial case.
“What Lori Drew did was egregious, and it is time that she be brought to justice,” Sanchez said in a statement designed to draw attention to recent legislation she introduced.
“I applaud the work of the U.S. attorneys who have worked hard to bring Ms. Drew to justice, despite the absence of a federal anti-cyberbullying statute," she continued. “This case sheds light on how our laws need to catch up with new crimes like cyberbullying, so that people like Ms. Drew will think twice before using the internet to bully and harass innocent victims like Megan Meier.”
In April, Sanchez introduced the Megan Meier Cyberbullying Prevention Act the nation's first federal cyberbullying bill. If passed, the law would set a prison sentence of up to two years for anyone convicted of engaging in electronic speech that was intended to “coerce, intimidate, harass, or cause substantial emotional distress to a person.”
In her statement this week, Sanchez said that “cyberbullying should be treated as a serious crime and prosecutors should be better equipped deal with its serious consequences."
Drew, 50, was accused of participating in a cyberbullying scheme against a 13-year-old girl who later committed suicide. But she was charged under the Computer Fraud and Abuse Act -- an anti-hacking law -- after prosecutors could find no federal law prohibiting cyberbullying. In a novel interpretation of the law, prosecutors claimed she obtained unauthorized computer access to MySpace's servers by violating its terms of service agreement.
In September 2006, prosecutors said, Drew conspired to create a fake MySpace account for "Josh Evans" with her then 13-year-old daughter, Sarah, and a then-18-year-old employee and family friend named Ashley Grills, for the purpose of inflicting psychological harm on a 13-year-old neighbor named Megan Meier.
Prosecutors alleged that Drew and the two others used the profile to lure Megan into an online relationship with “Josh” to find out what Megan was saying about Drew’s daughter online. But in October, one of the group, writing as "Josh", turned against Megan, and told her that the world would be a better place without her. Shortly afterward, Megan hanged herself in her bedroom.
Drew was charged with one felony count of conspiracy and three felony counts of unauthorized computer access. She was acquitted of three of the felony charges and convicted instead of three misdemeanor charges for unauthorized computer access. Jurors deadlocked on the conspiracy charge.
Drew is facing up to three years in prison and a $300,000 fine. Prosecutors have argued for the maximum sentence, though it's more likely she'll receive probation, which is what probation officers recommended in their pre-sentencing report to the court.
However, U.S. District Judge George Wu still has to rule on a motion for a direct acquittal. Drew’s defense attorney filed that motion after the prosecution rested its case last year on grounds that the prosecution failed to prove that Drew knew about the MySpace terms of service or that she intentionally violated it. Wu has delayed ruling on the motion for nearly eight months. He was scheduled to sentence Drew on May 18 but delayed this after saying he needed more time to review testimony from the trial.
If Wu grants the defense motion, it would overturn the misdemeanors for lack of evidence, and result in a judgment of acquittal. Drew's defense attorney has vowed to appeal the case if Wu lets the verdict stand.
Drew is scheduled to be sentenced on Thursday at 11:00 a.m. Pacific time.
Photo: AP
See also:
- Judge Postpones Lori Drew Sentencing; Weighs Dismissal
- Can Lori Drew Verdict Survive the 9th Circuit Court?
- Prosecutors Seek 3 Years in Prison for Lori Drew
- Lori Drew Not Guilty of Felonies in Landmark Cyberbullying Trial
- Prosecution: Lori Drew Schemed to Humiliate Teen Girl
- Government's Star Witness Stumbles: MySpace Hoax Was Her Idea, Not Drew's
- Experts Say MySpace Suicide Indictment Sets 'Scary' Legal Precedent
- Blog Readers Out Anonymous Adults that Newspaper Refused to Identify