Jan 8, 2008 9:27 pm US/Pacific
MySpace Probed In Missouri Girl's Internet Suicide
LOS ANGELES (AP) ―
A federal grand jury has subpoenaed MySpace in a probe stemming from the suicide of a teenage Missouri girl who thought she was communicating with a 16-year-old boy in a hoax allegedly involving a neighborhood mother, the Los Angeles Times' Web site reported Tuesday, citing unidentified sources.
Federal prosecutors are considering charging the woman with defrauding MySpace by creating a false account that she, her daughter and an employee allegedly used to communicate with Megan Meier, 13, the Times said. It said its sources insisted on anonymity because they were not authorized to speak publicly about the case.
Megan, of suburban St. Louis, hanged herself in October 2006 after receiving cruel messages, including one saying the world would be better off without her.
The neighborhood woman, Lori Drew, has denied creating the account but acknowledged being aware of it. She also has denied sending any messages to Megan or being aware of the mean messages.
Prosecutors in Missouri declined to charge anyone because no laws appeared to apply to the case.
Laurie Levenson, a former federal prosecutor and professor at Loyola University Law School, told the Associated Press that if the government convened a grand jury it would be trying to create a case in which MySpace would be the victim of a fraud and the person who perpetrated the fraud could be prosecuted.
"The whole case is curious," she said of such an effort to prove an Internet fraud.
She said such a case also would raise First Amendment issues of free speech.
"It's a fantasy world," said Levenson. "One issue would be is this a fraud or just someone engaged in a fantasy."
Of the alleged behavior, she said, "It's outrageous, but it's another question about whether it's illegal. She's not going to get charged with the girl's tragic death."
The Times reported that its sources said federal prosecutors in Los Angeles believe they have jurisdiction because MySpace is based in Beverly Hills.
Several grand jury subpoenas issued last week included one to MySpace and others to "witnesses in the case," the Times said. The Times said those witnesses were not identified because one source did not know who else had received subpoenas and another source declined to provide that information.
Thom Mrozek, spokesman for the U.S. attorney's office in Los Angeles, told the AP he could not comment on grand jury matters, which are secret.
Reached late Tuesday in Missouri, Lori Drew's attorney Jim Briscoe told the AP that the Drews had not been subpoenaed, and he did not know of anyone else related to the case who had received a subpoena.
"I do not know if it's true," he said of the report.
Briscoe declined additional comment on the report because of its anonymous sourcing.
Briscoe has said Lori Drew wasn't aware of the hurtful messages sent just before Megan's death and that it was the other two who designed the fictional boy's account and sent messages to Megan.
There was no immediate comment from MySpace officials. Communications coordinator Jessica Bass told the AP that the company's two spokespersons were unreachable because they en route to a conference outside the country. A request for comment was also left with MySpace's manager of safety communications.
Megan's death was investigated by the St. Charles County Sheriff's Department. Lt. Craig McGuire, spokesman for the department, said a call from the AP was the first he had heard of the reported grand jury probe.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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