Orin Kerr, a former federal prosecutor who joined the defense team as a pro bono attorney, says the verdict as it currently stands is problematic.

“Most individuals who use the internet violate terms of service,” he said, “and the government’s theory is that — at its discretion — it can bring prosecution in the world for any terms of service violation.”

But Kerr thinks there is little chance the 9th Circuit Court will uphold the verdict.

“The government’s theory is such a stretch (of the law),” he said, adding that “the law is on our side, and I would expect a court of appeals to recognize that. . . . If the court of appeals overturns this and rules that terms of service violations are not a crime, then you don’t have to worry about (being prosecuted) anymore.”

It’s possible, however, that the case might never reach appeal. Judge Wu, who presided over the case in the U.S. District Court in Los Angeles, is still entertaining a motion for direct acquittal, which was filed by Drew’s defense attorney H. Dean Steward after the prosecution rested its case more than a week ago.

Steward asked Wu for a judgment of acquittal based on the defense’s view that the prosecution failed to prove that Drew both knew the MySpace terms of service existed and that she knew what they said and intentionally violated them. Wu decided to postpone ruling on the motion — perhaps to see if the jurors would acquit Drew on their own — and still has not ruled on it. If Wu acquits Drew, the government would not be able to appeal his ruling.

If Wu decides to let the verdict stand, Kerr has said that he and Steward will appeal the case to the 9th Circuit Court of Appeals.

In day one of this trial, a witness came forward with strong testimony that landed a crushing blow for the defense and celebration for the prosecution.

Ashley Grills, 20, told jurors Thursday she helped Lori Drew set up a fake MySpace profile of a 16-year-old boy to lure Megan Meier into an online relationship. Testifying for the prosecution under a grant of immunity, Grills also said she sent the last message from the fictitious “Josh Evans” to Megan in October 2006 on the day the girl hanged herself.

When she learned of Megan’s death, Grills said Drew told her, “We could have pushed her overboard because she was suicidal and depressed.’”

The statement by Ashley Grills could be the beginning of the end for the cyber bullying mom.

Prosecutors say Drew, 49, her then-13-year-old daughter, Sarah, and Grills created the MySpace alias in September 2006 to befriend Megan to find out if she was spreading rumors about Sarah.

This is the nation’s first cyber bullying trial and it could set a legal precedent for dealing with the issue of online harassment.

In my opinion, if Drew is found guilty I think she will serve jail time, but not the 20 year term in which the law could give her. I think she will be sentenced around 5 to 10 years and paroled in 3 years.