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Column: Phi Psi, grow some balls and confess already

Sick of hearing about this story? Well I’m sick of these cowards and thieves

By Shain Bergan

Opinion

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Published: Sunday, November 8, 2009

Updated: Sunday, November 8, 2009

I’ve seen some spineless, idiotic moves in my time, but Phi Kappa Psi takes the cake.

Sick of hearing about this story? Well I’m sick of these cowards and thieves, period.

Not only does this frat’s execution of the theft of 10,000 Daily Wildcat newspapers sound like something out of the Big Lebowski (“Is this your homework, Larry?”). Their actions afterward are damning to the point of ridicule.

Let’s run through the stupidity, shall we?

First, Nick Kovaleski and Alex Cornell leave their homework at the dump site. Where’s the Spanish teacher in all of this? Then Phi Psi leadership—that’s you, Keith Peters and Daniel Levy—come to the Wildcat offices wanting our evidence, and then slink out like the rats you are when we ask you to go on the record. Minutes after you left the offices, you placed a call to the University of Arizona Police Department claiming someone who looked like they might work for the Daily Wildcat was found dumpster diving at your house the previous night. That guy, you claim, is actually our 60-year-old production manager who found the homework.

No one’s buying this crap.

A fraternity worth a damn would have raised holy hell after the Police Beat item went out, shouting its innocence from the hilltops. But you didn’t shout your innocence, did you, Phi Psi? Instead, you snuck into your cars in the wee hours of the morning and decided to hide the information at the source—by stealing thousands of the very newspaper that printed an item where a woman claimed you might have drugged her.

If anything, Phi Kappa Psi made things worse for themselves. What would have been a forgettable Police Beat item has turned into a firestorm picked up by news outlets local and national.

Well, Phi Psi, you got off scot-free. All of the legal and judicial avenues have been exhausted. Only one thing left for you to do—grow some balls and confess already.

Let’s call a spade a spade. You stole our newspapers. I don’t even want the $8,500 back. I just want your names and faces forever associated with censorship and idiocy.

I mean, what’s the worst that can happen out of you confessing? UAPD obviously wouldn’t pick the case back up—we’ve seen how much of a joke police force they are. You’ve already skated by your friends on the farce Greek Standards Board. You’re not going to be held legally responsible by anyone, but you would be showing for once that you have some testicles.

Nick and Alex, it’s a different story for you guys. The Dean of Students is looking into you two as individuals. Not to mention, your president tried to throw you under the bus during the Greek Board hearing by making the case that a few individuals (you two) could have gone rogue and stolen the papers by yourselves. Ask your president to pull the knives out of your backs when you turn around.

Speaking of throwing people under the bus, Keith Peters owes an apology to the student government and former UA soccer head coach Dan Tobias. During Nov. 4’s Greek Standards Board hearing, the Phi Psi president suggested the possibility that Tobias stole the newspapers because of an article that criticized the soccer coach. (Note: No such article appeared in the Oct. 8 issue of the Daily Wildcat.)

Peters also suggested that perhaps the Associated Students of the University of Arizona stole the newspapers because of the appearance of an article chronicling how ASUA was teaming up with UAPresents for the upcoming Fray concert.

But the most hilarious and ridiculous of Keith Peters’ explanations was that perhaps the Oct. 8 issue was just that popular. Maybe, just maybe—the Phi Psi president argued—students eager for their campus news had just picked the newspapers up the legal way by 9 a.m.

Peters, though, failed to explain how thousands of those popular papers could have then magically appeared miles away out on West Anklam Road along with the homework of Kovaleski and Cornell.

You can’t make this stuff up.

If Phi Kappa Psi wants to sue the Daily Wildcat for libel, I’d like to see them try. I doubt many know the true definition, but I’m sure the fraternity would have fun trying to prove they didn’t, in fact, steal the newspapers.

Phi Psi, your cowardice has gone on long enough. It’s time to just bite the bullet, do the halfway honorable thing and confess.

So there it is, Keith. See what it’s like to not be a coward? I have the balls to call you out. We’ll see if you have the balls to confess. Let’s just find a nice place to meet and talk about this.

Who knows? I might even take you up on your offer to go out to Gentle Ben’s.

— Shain Bergan is the managing editor. He can be reached at maned@wildcat.arizona.edu

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96 comments

Every Girl at the U of A-
Fri Nov 13 2009 11:13
I want to know what that police beat said on that October 8th addition. IF it pointed fingers at this Frat of Phi Kappa Slimballs for a date-rape drug, REPRINT the damn thing!!! See how innocent they look then!
Alex
Thu Nov 12 2009 23:26
The Editors of this paper should be ashamed of themselves for letting this case of "stolen" FREE newspapers take center stage. This was YOUR agenda. Not the agenda of the students you are representing.

And great point on this Shain guy not being able to find a job. It is called Google, buddy. Future employees will find these articles and your chances of being hired will immediately end there. If I were you, I would look into a new major, IMMEDIATELY.

But then again what do I know. I am just an Arizona journalist with five years of professional reporting under my belt. More importantly, I am a UofA journalism alumnus who is now ashamed to be associated with this paper.

Your name
Thu Nov 12 2009 20:08
IN YOUR FACE, R. LEWIS!

The Wildcat should never be afraid to publish something because of the threat of libel. The truth shall prevail.

Frank
Thu Nov 12 2009 11:19
In addition, the defense in any case never has to prove anything to be found not guilty, so no, the burden of proof would not be on the writer to prove his claims if Phi Psi were to sue.
Your name
Thu Nov 12 2009 11:16
But the truth is the ultimate defense, which I assume the Wildcat would use as its defense. You can't libel someone if the claims are true---If Phi Psi sued the Daily Wildcat, Phi Psi would be become the plaintiffs and the Daily Wildcat the defendents, and the burden of proof is always on the plaintiff, even in libel cases, so the plaintiff (Phi Psi) would have to prove the defendent (Daily Wildcat) guilty beyond a reasonable doubt. Part of proving the Daily Wildcat's guilt is proving that what they printed was false---The Daily Wildcat printed that Phi Psi stole the newspapers, so Phi Psi would have to prove that that was false, therefore Phi Psi would have to prove that they did not steal the newspapers. So yes, the burden of proof would be on Phi Psi to prove a negative in this case.
R. Lewis
Thu Nov 12 2009 10:27
The column seems to me to be a clear-cut case of libel. It meets all the tests: 1) it accuses someone of a crime (theft); 2) does damage to the offended parties (reputation, employability); 3) the offended parties are clearly indentifiable (they're named); 4) the statements were published (obviously); 5) the offended parties are alive (obviously); 6) if the offended parties are not public figures, no "actual malice" need be demonstrated; 7) if the offended parties are public figures and thus must show actual malice, the column itself demonstrates it both by conceding that no charges have been brought and claiming to have as a goal the damage of reputation; 8) the claimed defense against libel in the column -- that the frat brothers would have a hard time proving they didn't steal the newspapers is ridiculous because the burden is not on them to prove a negative, but on the writer to prove his assertion. Moreover, a libel suit would be filed against the writer, the editors for approving the column, the publisher for publishing it (and if that's the university, those are deep pockets and juicy targets for a very fat damage award). I don't know if anyone will sue -- but I'm sure there are a lot of lawyers who would be willing to take the shot for the 1/3 of the damage awards, which seem well within reach.
Woodward
Thu Nov 12 2009 00:24
Anyone else see the connection between this and Watergate?
You can deny it all you want but you will always get exposed.
Be prepared Phi Psi.
Whatever
Wed Nov 11 2009 18:42
It's a crime to dump ten thousand of ANYTHING in the desert! Get those man-children arrested for littering and then maybe we can deal with the trashy things they do.
NYC Reporter
Wed Nov 11 2009 18:20
"Shain Bergan will be rewarded for being a fearless journalist."

Laura, with a naïve statement like that, you are obviously a student who has no idea how credible journalism works.

Shain, good luck finding a job.

Frank
Wed Nov 11 2009 16:28
Come on, guys. Surely we can reach 100 comments...
Fellow college journalist
Tue Nov 10 2009 23:55
I commend this newspaper staff for not backing down on an issue they believe in. To have 10,000 copies of your student publication stolen, no matter if it was later recovered, is a horrible attack on a student media outlet.

I think you as a staff can be proud that you covered something controversial enough to elicit a response like this. As long as you can keep to the facts in your editorial content and the opinions in your commentary content, you have my full support.

Do not back down if there is more to this story, and I think it's crap that the fraternity was dismissed of any wrong doing. As the facts of the case speak for themselves. You are right to call out the authorities allowing this injustice to go by without prosecution. As mentioned in the editorial, $8,500 was, in essence, stolen. And as someone who works for a student publication completely financially independent of a university, I can understand the worry of losing advertisers.

I wish you all the best in promoting the truth, and thanks for your courage to keep after this.

Your name
Tue Nov 10 2009 23:54
Why isn't the Phi Kappa Psi organization doing something about this one chapter? They have to know about this by now...
Your name
Tue Nov 10 2009 16:40
Stop calling Shain out and saying he's not gonna get a job. The fact is that none of you guys are going to get jobs (I'm guessing most of you are J majors because you keep screaming bad journalism) because print journalism is in the toilet and within ten years newspapers won't even exist.

I hope you guys have fun twittering your opinions and not getting paid for what you went to school 4 years for.

http://meat.org
Tue Nov 10 2009 16:04
There are still fraternities? Ugh. Don't you have something better to do than poison yourselves and be stupid? Grow up boys.
Uh...
Tue Nov 10 2009 16:03
"Not only does this frat’s execution of the theft of 10,000 Daily Wildcat newspapers sound like something out of the Big Lebowski (“Is this your homework, Larry?”)"

Didn't the Phoenix News Times use this EXACT reference in their article?? Haha wow dude...I thought everyone was just being a dick to you for no reason but if you have to steal remarks from another newspaper to make yourself sound funny and clever then you definitely fail as a journalist.

Latarian Milton
Tue Nov 10 2009 15:00
It's fun to do bad things. Am I right Shain Bergan?
Your name
Tue Nov 10 2009 12:57
This is the stongest fact-based opinion writing I have seen in a long time, and the University can be proud of the Arizona Daily Wildcat.

Calling people out by name -- when they make themselves public figures and act like asses-- is the very essence of great journalism.

The Wildcat took similar heat from immature man-child social groups 30 years ago, and we heard about it happening 30 years before then.

Some things never change. The Wildcat is dong what it is supposed to do, and good for it.

H.G. Laetz
Editor, Arizona Daily Wildcat, 1979-80

Your name
Tue Nov 10 2009 11:25
Sick of hearing about this story? We sure are. And, I’m sick of you, Shain. I hope Phi Psi sues you for libel as you sure have a bug up your butt about them. Did they not invite you to join or something?
A reader
Tue Nov 10 2009 11:16
I hate it when people try to convict others in the press without having the whole story. You really don't know what happened but just have a few pieces of so-called evidence. And, you accuse a whole frat in the process. It's probably just a couple of guys who did this, and it could even be a couple of guys who thought it would be amusing to set up a couple of frat guys by planting their discarded homework with the papers. What frat would encourage its members to take a bunch of copies of the Wildcat? There have been plenty of idiotic frats who have been thrown off campus in the past couple of years and so I doubt that Phi Psi is one of them since they are still around. Even if a couple of their guys did this, what gives you the right to condemn the whole frat? That's like condemning the whole Wildcat staff for your editorial that we don't like.

And, I really doubt that your editorial is ever going to get you a job in journalism, either, Shain. You ought to concentrate more on newsworthy stuff and not continue to write about self-serving things that the students no longer want to read about.

Kam
Tue Nov 10 2009 10:55
Alright, now I just have to talk about Laura now. Obviously, everyone at the DW is totally inept at running a newspaper. My proof of this is that the managing editor wrote this libeling sad excuse for a column and the editorial editor is condoning it. Secondly, Laura, why don't you refute the rest of my comment? Because it makes sense? Well, I guess i'll take the time to debate your post. Firstly, your saying i'm immature and that there is nothing wrong with Shain's appearance. Well, i've been following this article since it was linked and I find it humorous that when it was originally linked, Shain's mugshot was at the top. Then after the 4th comment was posted, he removed it. Hmm could it be because of the comment about his appearance? Second, you say "In the end, Shain Bergan will be rewarded for being a fearless journalist." Well, we'll just have to wait and see but I have a feeling that any self respecting newspaper or journal would never hire a joke like Shain. He just doesn't go after facts, he loses his battle against Phi Psi and then instead of realizing his loss, he posts this column. You should be thanking Phi Psi if anything, this is the most publicity you have and ever will receive. I know for a fact that the majority of Daily Wildcat "readers" only flip to the Overheard on Campus and Police Beat. My proof is this, show me another non paper theft related article that has this many comments.






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