Defense asks for dismissal in MySpace hoax case

The criminal charges against a Missouri woman accused of using a fake MySpace persona to bully a 13-year-old girl should be dismissed because there is no law that prohibits such behavior, according to a trio of motions filed in Los Angeles federal court today.

Defense attorney H. Dean Steward argued that millions of Internet users routinely create fake or anonymous identities and have not been prosecuted for their actions.

By invoking a criminal statute more commonly used to go after computer hackers or crooked government employees, he said, federal prosecutors have reached beyond existing legal limits.

“The government, in its zeal to charge Lori Drew with something, anything, has tried to criminalize everyday, ordinary conduct,” Steward wrote.

The law cited by prosecutors in charging Drew – the federal Computer Fraud and Abuse Act – is “ripe for discriminatory enforcement” when applied in a case like this, Stewart wrote.

Drew, 49, was charged in May in connection with a suicide in her suburban community of Dardenne Prairie, Mo.: Megan Meier, a neighbor and one-time friend of Drew’s daughter, hanged herself shortly after being dumped by an Internet suitor she thought was a 16-year-old boy. The case caused a national furor when it was alleged that the “boy” was actually Drew.

Drew’s daughter and Megan were friends in elementary school, but the girls had a falling out in middle school. According to investigators, Drew and an employee “instigated and monitored” the fake profile in order to see what Megan was saying about Drew’s daughter.

Local and federal prosecutors in Missouri initially investigated the circumstances surrounding Meier’s October 2006 death. Though they said Lori Drew’s alleged actions may be considered morally wrong, they were unable to find a statute under which to pursue a criminal case.

Federal prosecutors in Los Angeles were aware of the case and, seeing a connection with the Beverly Hills-based MySpace, launched their own investigation with the help of prosecutors in Missouri and FBI agents in Los Angeles and Missouri.

Drew was indicted by a federal grand jury in Los Angeles and charged with one count of conspiracy and three counts of accessing a computer without authorization.

Among other things, Drew is accused of providing false information to MySpace when she created an account in the name of the imaginary boy, “Josh Evans.” Drew allegedly used the account to obtain information about Megan in violation of MySpace rules, which she used “to inflict emotional distress” on the girl.

Thom Mrozek, a spokesman for U.S. Attorney Thomas P. O’Brien, said Wednesday that federal prosecutors are reviewing the filings and would not comment on them. The office planned to file its response to the court in the next few weeks.

Drew has pleaded not guilty. The case is set to go to trial on Oct. 7. If convicted, Drew could face as many as 20 years in prison.

Steward declined to comment on the motions to dismiss, but said neither he nor prosecutors would consider a plea-bargain agreement. In the court filings, Steward also argued that there was no clear proof that the person who set up the Josh Evans account knowingly violated MySpace’s terms of service, or that the rules were even read.

“If violating user agreements is a crime, millions of Americans are probably committing crimes on a daily basis and don’t know it,” Steward wrote.

 p.j.huffstutter@latimes.com