The Associated Press
updated 1:24 a.m. ET, Sat., Nov. 17, 2007
DARDENNE PRAIRIE, Mo. - Megan Meier thought she had made a new friend in cyberspace when a cute teenage boy named Josh contacted her on MySpace and began exchanging messages with her.

Megan, a 13-year-old who suffered from depression and attention deficit disorder, corresponded with Josh for more than a month before he abruptly ended their friendship, telling her he had heard she was cruel.

The next day Megan committed suicide. Her family learned later that Josh never actually existed; he was created by members of a neighborhood family that included a former friend of Megan's.

Now Megan's parents hope the people who made the fraudulent profile on the social networking Web site will be prosecuted, and they are seeking legal changes to safeguard children on the Internet.

The girl's mother, Tina Meier, said she doesn't think anyone involved intended for her daughter to kill herself.

‘Absolutely vile’
"But when adults are involved and continue to screw with a 13-year-old, with or without mental problems, it is absolutely vile," she told the Suburban Journals of Greater St. Louis, which first reported on the case.

Tina Meier said law enforcement officials told her the case did not fit into any law. But sheriff's officials have not closed the case and pledged to consider new evidence if it emerges.

Megan Meier hanged herself in her bedroom on Oct. 16, 2006, and died the next day. She was described as a "bubbly, goofy" girl who loved spending time with her friends, watching movies and fishing with her dad.

Megan had been on medication, but had been upbeat before her death, her mother said, after striking up a relationship on MySpace with Josh Evans about six weeks before her death.

Josh told her he was born in Florida and had recently moved to the nearby community of O'Fallon. He said he was homeschooled, and didn't yet have a phone number in the area to give her.

Megan's parents said she received a message from him on Oct. 15 of last year, essentially saying he didn't want to be her friend anymore, that he had heard she wasn't nice to her friends.

Megan seemed upset
The next day, as Megan's mother headed out the door to take another daughter to the orthodontist, she knew Megan was upset about Internet messages. She asked Megan to log off. Users on MySpace must be at least 14, though Megan was not when she opened her account. A MySpace spokeswoman did not return calls seeking comment.


Someone using Josh's account was sending cruel messages. Then, Megan called her mother, saying electronic bulletins were being posted about her, saying things like, "Megan Meier is a slut. Megan Meier is fat."

Megan's mother, who monitored her daughter's online communications, returned home and said she was shocked at the vulgar language her own daughter was sending. She told her daughter how upset she was about it.

Megan ran upstairs, and her father, Ron, tried to tell her everything would be fine. About 20 minutes later, she was found in her bedroom. She died the next day.

Her father said he found a message the next day from Josh, which he said law enforcement authorities have not been able to retrieve. It told the girl she was a bad person and the world would be better without her, he has said.

Another parent, who learned of the MySpace account from her own daughter who had access to the Josh profile, told Megan's parents about the hoax in a counselor's office about six weeks after Megan died. That's when they learned Josh was imaginary, they said.

Creator of fake account not charged
The woman who created the fake profile has not been charged with a crime. She allegedly told the St. Charles County Sheriff's Department she created Josh's profile because she wanted to gain Megan's confidence to know what Megan was saying about her own child online.

The mother from down the street told police that she, her daughter and another person all typed and monitored the communication between the fictitious boy and Megan.

A person who answered the door at the family's house told an Associated Press reporter on Friday afternoon that they had been advised not to comment.

Megan's parents had been storing a foosball table for the family that created the MySpace character. Six weeks after Megan's death, they learned the other family had created the profile and responded by destroying the foosball table, dumping it on the neighbors' driveway and encouraging them to move away.

Megan's parents are now separated and plan to divorce.

Aldermen in Dardenne Prairie, a community of about 7,000 residents about 35 miles from St. Louis, have proposed a new ordinance related to child endangerment and Internet harassment. It could come before city leaders on Wednesday.

"Is this enough?" Mayor Pam Fogarty said Friday. "No, not by any stretch of the imagination, but it's something, and you have to start somewhere."

In Com. v. Bowen, 13 Mass. 356; 7 Am. Dec. 154, it was held that if a person counseled another to commit suicide, and such other person by reason of the advice killed himself, the adviser was guilty of murder as principal.

Why have things come to this? Because in todays day and age folks take the internet to personally. Parents should teach kids that they should be able to set boundries between electronic and real life relationships.

Now that everyone you know is online, that boundary is getting tougher and tougher to set. Regardless, the Internet isn't the central storyline here -- this was simply an adult acting like a vindictive kid, perpetrating a hoax on a child. I guess putting a flaming bag of shit on the girl's doorstep was too risky for her. Just wrong.

Tina Meier, the mother of the dead girl, said Drew deserves the maximum of three years behind bars.

"For me it's never been about vengeance," she said. "This is about justice."

Most members of the six-man, six-woman jury left court without speaking to reporters. One juror, who identified himself by his first name only, Marcilo, indicated jurors were not convinced Drew's actions involved the intent alleged by prosecutors.

"Some of the jurors just felt strongly that it wasn't tortious and everybody needed to stay with their feeling. That was really the balancing point," he said.

The case hinged on an unprecedented — and, some legal experts say, highly questionable — application of computer-fraud law.

Drew was not directly charged with causing Megan's death. Instead, prosecutors indicted her under the federal Computer Fraud and Abuse Act, which in the past has been used in hacking and trademark theft cases.

Among other things, Drew was charged with conspiring to violate the fine print in MySpace's terms-of-service agreement, which prohibits the use of phony names and harassment of other MySpace members.

"This was a very aggressive, if not misguided, theory," said Matt Levine, a New York-based defense attorney and former federal prosecutor. "Unfortunately, there's not a law that covers every bad thing in the world. It's a bad idea to use laws that have very different purpose."

Feds want 3-year term for deadly MySpace hoax
by Associated Press

Originally printed at http://www.komonews.com/news/national/44528197.html

LOS ANGELES (AP) - A Missouri mother should serve three years in prison for her role in a MySpace hoax on a 13-year-old neighbor who committed suicide, federal prosecutors said in court documents filed Wednesday.

Assistant U.S. Attorney Mark Krause outlined the government's position while requesting the maximum sentence for Lori Drew. Probation officials have recommended Drew receive a year of probation and a $5,000 fine.

Krause argued that Drew "coldly conceived of a scheme to humiliate" Megan Meier, a neighbor in a St. Louis suburb, by helping create a fictitious teenage boy on the social networking site and sending flirtatious messages in his name to the girl.

The fake boy then dumped Megan in a message saying the world would be better without her. She hanged herself a short time later.

Drew used her then-13-year-old daughter and a business assistant in the scheme, which played on Megan's insecurities, Krause said.

"Both the callousness of defendant's criminal conduct and the extraordinary harm it caused mandate a sentence of more than probation," Krause wrote.

Drew was convicted in November of three counts of accessing computers without authorization. Besides up to three years in prison, she could face a $300,000 fine at sentencing set for May 18.

Drew's attorney, Dean Steward, has asked U.S. District Court Judge George Wu to throw out the verdicts.

Steward said his client couldn't afford the $5,000 fine recommended by probation officials because she no longer draws income from the coupon book business she had for nine years.

During the trial, prosecutors argued that Drew violated MySpace rules by setting up the phony profile for a boy named "Josh Evans." Jurors decided Drew was not guilty of the more serious felonies of intentionally causing emotional harm while accessing computers without authorization.

The jury could not reach an unanimous verdict on a felony conspiracy charge.

Drew was not directly charged with causing Megan's death.

Some legal experts believe prosecutors are still smarting over the conviction on lesser crimes. In his filing, Krause continued to argue there is convincing evidence that shows Drew set out to inflict emotional harm to Megan.

"They are just totally gung-ho on this case," Matt Levine, a New York-based defense attorney and former federal prosecutor, said about prosecutors. "On one hand, what Lori Drew did was egregious and she should be brought to justice, but they have used the wrong legal theory here."

Levine said it would have been more appropriate for Missouri authorities to charge Drew with harassment. Police there, however, have said they didn't file any charges against Drew in part because there was no applicable state law.

The trial was held in Los Angeles because the servers of the social networking site are in the area.

Looks like they indicted the woman who created the profile.

"I was trying to get her angry so she would leave him alone and I could get rid of the whole MySpace," Grills told the morning show.