Intellectual Property Law

LOS ANGELES -- The federal judge presiding over the Lori Drew trial on Monday put off deciding whether  to throw out the case and acquit the defendant, as requested by a defense motion on Friday.

Drew, 49, is charged with one count of conspiracy and three counts of unauthorized computer access for allegedly violating the MySpace terms-of-service to inflict psychological harm on 13-year-old Megan Meier, who then committed suicide.

When the prosecution rested its case Friday at about 2:00 p.m., defense attorney H. Dean Steward moved for an immediate dismissal, based on testimony that proved Drew never saw MySpace's contract, and wasn't the one who set up the account and accepted the terms.

U.S. District Judge George Wu asked both sides to file written briefs on the issue over the weekend, and allowed testimony to continue in the case.

Three-and-a-half days of testimony from prosecution witnesses in the trial indicated that Lori Drew was present when her daughter, Sarah, and an employee named Ashley Grills set up a MySpace profile under the name of "Josh Evans," a purported 16-year-old boy. Using the account, Sarah Drew and Grills flirted with the emotionally-vulnerable Megan, who'd been diagnosed with depression, then ultimately turned on her, contributing to Megan's suicide.

MySpace's terms-of-service require users to enter accurate information when signing up, and to refrain from harassment. Prosecutors argue that violating that agreement for the purpose of harming someone is a crime under a federal anti-hacking law. But neither Drew, nor her alleged co-conspirators, ever read those terms, testimony showed.

Drew's former assistant, Ashely Grills, testified last week that Drew told Grills to delete the profile as soon as she heard about the Megan's death. Prosecutors contend (.pdf) that the deletion order was proof that Drew knew the hoax violated MySpace's rules, even if she never read them.

"But this is simply bizarre," defense attorney H. Dean Steward argued in a written brief (.pdf) filed Sunday. "[Megan] had committed suicide, and Drew logically feared that the account could connect Grills and her to the suicide. As Drew learned, the connection to the suicide would trigger extraordinary public approbation. ... Drew has not received hate mail and threats by people furious that she violated MySpace's Terms of Service. To put it simply, it is completely absurd to think that Drew acted as she did because she feared that it might be revealed that she violated the Terms of Service of a website."

Judge Wu indicated Monday he might not rule on the dismissal motion until after a jury verdict.

Sarah Drew, Lori Drew's daughter, was continuing her testimony for the defense Monday morning.

See also:

• Lori Drew's Daughter 'Devastated' by Friend's Suicide but Doesn't Feel Responsible
• Judge Considers Throwing Out Lori Drew Case
• Government's Star Witness Stumbles: MySpace Hoax Was Her Idea, Not Drew's
• Dead Teen's Mother Testifies about Daughter's Vulnerability in MySpace Suicide Case
• Prosecutor: Lori Drew Intended to 'Prey' on Girl's Psyche
• Defense Says Jury Pool Filled with 'Viciousness' Towards Lori Drew
• Jury Selection Begins in MySpace Suicide Trial