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Editorial: UAPD fails to lay down the law in stolen newspapers case

By Arizona Daily Wildcat

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Published: Wednesday, November 4, 2009

Updated: Wednesday, November 4, 2009

Injustice never provides any warm, fuzzy feelings, but when the very people who have sworn to uphold it commit a particularly jarring injustice, it feels like a slap in the face.

Someone stole the news, and the University of Arizona Police Department hasn’t done much to find the culprits. Now that the case is closed, there isn’t much hope they’re going to do anything.

When 10,000 Daily Wildcat newspapers were stolen from their stands on the morning of Oct. 8, not only were UA students censored, but Arizona Student Media, which falls under Student Affairs, lost $8,500 worth of advertising, salaries and printing costs. Local businesses were also defrauded of expected advertising.

Given the violation of First Amendment rights, the fact that this was clearly an attempt to punish Arizona Student Media and the potential loss of thousands of dollars for a university department, one would think the case would be treated seriously.

It wasn’t.

At the very beginning, campus police weren’t even sure the situation could be classified as a theft, because the newspapers are distributed for free around campus.

Media law experts in Arizona and Washington, D.C., claimed otherwise.

“It’s a crime,” said Adam Goldstein, an attorney advocate for the Student Press Law Center in Washington, D.C. “Although they’re not sold, these papers have value. Whoever stole them deprived the newspaper’s editors of that value. They deprive the advertisers of that value. They’ve deprived the university of the service. Whoever took them should be prosecuted.”

The UA’s own Kevin Kemper, who teaches media law with the UA School of Journalism, called on UAPD and campus administration to “take this incident seriously.”

Even President Robert Shelton condemned the theft as “outrageous and completely counter to the principles of freedom of expression that we embrace at the UA.”

But despite all of this, the UAPD took the case anything but seriously, failing to even carry out what should be considered basic investigative steps.

After Spanish homework carrying the names of UA students and Phi Kappa Psi members Alex Cornell and Nick Kovaleski were found in a pile of the stolen newspapers in the western outskirts of Tucson, the first step by UAPD would seemingly be to contact the two men.

Instead, campus police dragged their feet, giving up after two unreturned phone calls and one unreturned e-mail to Cornell, Kovaleski and Phi Kappa Psi President Keith Peters.

“No other investigative leads exist at this time,” the investigating detective wrote in his final police report, closing the case after only 16 days.

What about the single one they had, but failed to follow through on?

In what world does UAPD work where it takes 16 days to fail to reach anyone in Phi Kappa Psi?

Apparently the key to getting away with criminal mischief on campus is to just let calls from police go unanswered. If you steal $8,500 from the UofA Bookstore, you can easily get away with it — just ignore your ringtone.

When two students were taken into custody in September for chalking up parts of campus in a protest, UAPD responded quite seriously. They even used security tapes to identity suspects. Half that effort in the stolen newspapers case would have been much obliged. But it seems the UAPD can pick and choose which cases it takes seriously.

There wasn’t a whole lot of evidence in this case, and what was gathered had to be obtained through the efforts of the Daily Wildcat staff, with no help from UAPD. Additionally, the lack of follow-through on the one piece of evidence is telling.

The situation seems to be winding down, at least from a legal perspective. UAPD has closed the case. The jury’s still out on the Greek Standards Board hearing Wednesday night, where the Daily Wildcat must prove the fraternity’s collaboration as a whole.

It’s seeming more and more likely the culprits, whoever they are, will get off scot-free. Maybe things would be different if it were a police force doing the investigative legwork rather than reporters in a newsroom.

The sad part is that, barring any new evidence, we will never know. UAPD has done nothing other than help expedite the process by passing the buck, and that’s a shame — for the university, for college media and for free speech everywhere.


Editorials are determined by the opinions board, which includes Shain Bergan, Alex Dalenberg, Laura Donovan and Heather Price-Wright.

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17 comments

FormerWildcat
Thu Nov 5 2009 00:38
Student,

It's a legitimate story that the Daily Wildcat has run 8 times now. It was legitimate the first, maybe second time. This is the 8th time the Daily Wildcat has run this story, each time with little more than editorial additions or minor factual changes.

Student
Wed Nov 4 2009 23:18
So, it's pretty funny that a lot of the frat guys keep spamming this wall with comments about how the Wildcat needs to stop running this story.

It's a legitimate news story. It's a crime and a group of frat boys shouldn't get away with it. The Wildcat should pursue every avenue possible, including bringing this case to the Dean of Students, filing a civil suit, etc.

And it's also a shame on UAPD's part that they didn't do more to follow this crime.

Bryan
Wed Nov 4 2009 22:14
Who knew there were so many undergraduate lawyers who have an inability to spell? And all on the internet too!
Editor-in-Chief in the Midwest
Wed Nov 4 2009 21:01
As an editor of a small Midwestern university newspaper, I feel for my brothers and sisters at the Daily Wildcat. The fact remains is that the DW lost $8500 in ad revenue. Now, that may not mean much to a lot of blowhards on this page, but that is a lot of money to lose in a single day. Theft is theft, if it goes unpunished---even as a prank---leaves a bad taste and reflect negatively on the university and its student population s a whole. Peace. I can tell you, when you find 500 copies of your 1,000 circulation go missing in 1 day---it gets ignored and if wasn't for the diligence of myself and my eagle eyed staff, we probably wouldn't be publishing right now because punk a$$ decided it'd be cute to steal our papers. So it is a VERY, SERIOUS crime from an editor's view. The amount of papers lost is equal to $250... not much... but when you rely on advertising... it means EVERYTHING.
Your name
Wed Nov 4 2009 20:37
So, tell me, what kind of student newspaper has to pay its hacks?
Julie H
Wed Nov 4 2009 19:02
As a former employee of the Wildcat, I was always under the impression that, free or not, taking more than one copy of the Wildcat was considered theft - I don't know if this factoid is still printed in the paper today, but I know that at one point, within the past year, it was. Obviously, nobody is going to come down on a person for taking two or three copies, but the intentional removal of 10,000 papers is financially disruptive. The newsprint and ink used have material costs; would you say it's not stealing if you broke into the Wildcat's printing facility and removed these items just because the news hadn't yet been printed with them?

I don't know the extent or reach of the law in this case, but anyone who dismisses this as "editorial whining" is missing the point. If the papers were removed by members of a fraternity who were trying to prevent potentially negative or possibly untrue information about themselves from being disseminated, the theft of the newspapers themselves was not the appropriate course of action. Law enforcement shouldn't have to "choose" between cracking down on drunk driving or going after thieves; they should be doing BOTH, to the full extent of their ability.

Next time someone steals your bike and UAPD doesn't do jack squat for you, remember how you felt about newspaper theft...

Dab
Wed Nov 4 2009 19:01
Fuc# those little fraty rich assho#les. They can all eat a dick and die.
Tired of this story
Wed Nov 4 2009 16:01
Ok, you spoke with a lawyer in DC about this and he says it's a crime. How about speaking to a prosecutor HERE in Pima County that would actually be responsible for prosecuting the case? Let's see what they say about this "crime". I realize everyone at the Wild Cat is upset about this, you put a lot of work into your paper and are obviously very passionate about it. You sound like you want to hold the individuals and groups responsible for this accountable, so why not file a civil suit against the ones you feel took the papers? Let the cops go after crooks who take stuff that IS NOT offered for free?
Your name
Wed Nov 4 2009 14:46
I know the DW is upset about the incident, but you know what, you can't change the world, you can't cut through the amount of red tape that surrounds trying to punish frats. End of story.

Karma will get these guys eventually

Dean
Wed Nov 4 2009 13:36
OH MY GOD! SHUT THE HELL UP DAILY WILDCAT! seriously, on behalf of all the students at U of A PLEASE i beg of you...STOP PUBLISHING THIS BULLSH*T!!! you guys might feel like "oh well the police doesn't care about us so I guess we'll use the power of the press to fight for our cause!" well unfortunately DW, all you are doing is making yourselves look like complete jackasses. And all your doing is giving this fraternity free publicity. There are other important issues that the UAPD needs to attend to so quit crying about the fact that UAPD doesn't give a shi*t about you. you know whats the real crime? the fact that you guys aren't doing some honest reporting. if the only piece of evidence you have against this frat is their homework which was discovered by YOU in the middle of nowhere...hmm...yeah good luck. it's very possible that this homework was planted seeing how it was conveniently found sticking outside a garbage bag..was it planted by the daily wildcat? probably not but it is very possible someone else did after reading the newspaper and realizing that DW was pointing fingers at this frat. reevaluate your ways DW and realize that you have a duty to this school to report honest news that students are actually interested in. this "news" is not news and until you realize that this is just a personal vendetta....your reputation and credibility will continue to be tarnished.
db
Wed Nov 4 2009 13:33
It’s simply shocking when the numbers and the FACTS are all right there that the UAPD choose not to do something about the case. I hope this article gets enough people proactive to do something about it.

Also it’s a bit pathetic to see the way some of you people are reacting to this article. Sure it’s easy for you to call a news article out for being bias but when your own biases just spew from your criticism it makes you sound like a total ass.

A positive criticism for you is that you should consider joining the Daily Wildcat staff and submit your own material. That would be better than beating down all the hard work that the DW does for you’re reading entertainment.

end of story are you serious? its BS technicalities like that which gets serial killers and child molesters off the hook and back on the streets!

Your name
Wed Nov 4 2009 12:57
Although the Daily Wildcat appears repetitive, the focus of this piece seems to be on the inactivity of the UAPD. Why did they appear to put more effort into the chalk incidents than the stolen newspapers? Under what circumstances would the UAPD have been more active in pursing this claim? What is the response of the UAPD to the Daily Wildcat's allegations? These are some of the questions I would like answers for. In addition, why was the theft of the newspapers placed at a lower importance than "stupid college kids don't kill themselves or anyone else when they party too hard"? I was under the impression that upholding the Constitution would take precedence over "stupid college kids".
Your name
Wed Nov 4 2009 12:51
QUOTE FROM THE ARTICLE..."There wasn’t a whole lot of evidence in this case, and what was gathered had to be obtained through the efforts of the Daily Wildcat staff, with no help from UAPD."

Ever heard of evidence in court being deemed inadmissible? That happens when evidence is tainted or improperly gathered. Since the key pieces of evidence in this case were discovered and collected by the Daily Wildcat staff (also the key Plaintiff in the case), even the staff itself must be able to see that the evidence's viability and credibility is seriously tainted, and therefore inadmissible. Had UAPD discovered the dump scene and gathered the evidence themselves, then the Daily Wildcat would have a case. However, they did not, and therefore do not have an argument that holds water in court. End of story.

Angie
Wed Nov 4 2009 12:39
"The fact that this was clearly an attempt to punish Arizona Student Media". Really? That's a fact? Or your opinion? Since there is admittedly no evidence concerning this case, you have no right to call that statement a fact. Immature, yes. Downright annoying, sure. But no one but the culprits know the motive for this action. Instead of crying out about the supposed plot to censor the Wildcat, maybe use your journalistic mind to see the option that maybe it was just a prank.
Max
Wed Nov 4 2009 11:36
This is a totally unprofessional piece. Nail yourselves to a cross and get back to reporting real news already. Sure, papers got stolen. That merited one, maybe two stories. But, instead of responding like grown-ups and depriving the thieves of their 15 minutes of fame - you've done nothing but rant about how angry and hurt your feelings are.

I'm going to file a complaint with UAPD that The Daily Wildcat has been stealing legitimate news value from ME, and they'll probably take it just as seriously as your whining.

d
Wed Nov 4 2009 09:54
Civil suit.
me
Wed Nov 4 2009 03:38
I would much rather UA crack down on under age drinking on campus, drunk driving, and drug use- offenses that can injure or kill others.

Stealing newspapers, while immature, and criminal, is not nearly as important as UAPD officers making sure stupid college kids don't kill themselves or anyone else when they party too hard.

Put this newspaper story to rest. GET OVER IT. Do some REAL reporting. Explore your legal options if you must but for crying out loud stop whining about it







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