Adams Investigation Report Version 2

DEPARTMENT OF JUSTICE

CRIMINAL JUSTICE DIVISION INVESTIGATION REPORT CASE/FILE NO.:

CPC0001-09

DATE OF REPORT:

June

SPECIAL AGENT:

Ron Nelson

ATTORNEY:

Donna Maddux Deleted: request letter

I. BASIS FOR INVESTIGATION

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On January 21, 2009, Multnomah County District Attorney Michael Schrunk and Portland Police Chief Rosanne Sizer jointly requested the initiation of an investigation by the Oregon Department of Justice (DOJ). They asked Attorney General Kroger to determine whether a criminal prosecution is appropriate as a result of Mayor Sam Adams’ conduct in connection with his relationship to Beau Breedlove.

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In response, the Attorney General and the Department of Justice conducted an exhaustive investigation, which included interviews with almost 50 witnesses; an extensive review of City Hall records that include telephone and email accounts; a review of Breedlove’s cell-phone records; and a forensic examination of Adams’ phones and computers. The investigation addressed and answers three key legal questions: 1. Did Adams have sexual contact with Breedlove in 2005 while Breedlove was a minor and thereby violate ORS 163.4152?

¶ “This confirms our conversation regarding an investigation of the matters pertaining to Mayor Sam Adams and Beau Breedlove that have come to public attention. As presented to the public, the facts could lead some to question whether criminal laws have been violated. Without expressing any opinion as to whether they have, we have concluded that an investigation to answer that question is warranted.” This

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ORS 163.415 Sexual abuse in the third degree.

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(1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and:

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(a) The victim does not consent to the sexual contact; or

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(b) The victim is incapable of consent by reason of being under 18 years of age.

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(2) Sexual abuse in the third degree is a Class A misdemeanor.

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ANSWER: The evidence does not support charging Adams with the crime of sexual abuse in the third degree. The investigation revealed no corroboration of Breedlove’s accusation that Adams kissed him before Breedlove’s 18th birthday. Breedlove appears not to have mentioned the incidents until 2007— more than two years after they allegedly occurred. Moreover, Breedlove’s credibility—on which successful prosecution of a charge would depend—is undermined by the fact that he has repeatedly changed his story. Given the lack of evidence and the unreliability of the sole witness, we believe a jury would find reasonable and significant doubt that Adams committed sexual abuse in the third degree. 2. Did Adams commit official misconduct in violation of ORS 162.4153 by hiring a Portland Mercury reporter in 2008 in an effort to stop her from pursuing a story about Adams’s relationship with Breedlove during Adams’s campaign for mayor? ANSWER: The evidence does not support charging Adams with official misconduct based on hiring former Portland Mercury reporter Amy Ruiz. The evidence overwhelmingly shows that Adams had little if anything to do with the hiring process. There is no evidence Ruiz was hired in an effort to stop her from pursuing the story of Adams’ relationship with Breedlove. 3. Did Adams commit official misconduct in violation of ORS 162.415 by lying about his relationship with Breedlove when questions about that relationship first emerged? ANSWER: The evidence does not support charging Adams with official misconduct based on the lies Adams told about his relationship with Breedlove. II. SYNOPSIS OF INVESTIGATION A.

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FACTS RELATED TO THE ALLEGATION OF SEXUAL ABUSE

ORS 162.415 Official misconduct in the first degree.

(1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another: (a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or

Formatted: Superscript Deleted: the Deleted: his Deleted: s Deleted: ¶ Conclusion:¶ ¶ 1. The evidence does not support charging Adams with the crime of Sexual Abuse in the Third Degree. Despite exhaustive interviews, there is significant question as to whether there was any physical contact between Adams and Breedlove prior to Breedlove’s 18th birthday. The investigation revelaled no corroboration of the incidents in which Breedlove accuses Adams of kissing him. Breedlove appears not to have mentioned the incidents until 2007 -- more than two years after they allegedly occurred. Breedlove has further undermined his credibility by repeatedly changing his story and by concealing his role in bringing the story to light. Given the lack of evidence and the unreliability of the sole witness, prosecutors conclude that there are significant doubts that Adams committed Sexual Abuse in the Third Degree.¶ ¶ 2. The evidence does not support charging Adams with official misconduct by hiring former Portland Mercury reporter Amy Ruiz in an effort to stop her from pursuing the story. The evidence overwhelmingly shows that Adams had little if anything to do with the hiring process.¶ ¶ 3. The evidence does not support charging Adams with official misconduct by lying about his relationship with Breedlove when the story first emerged publicly in 2007. (This part is not done)¶ ¶ Deleted: CRIMINAL Deleted: CONTACT WITH BREEDLOVE

(b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.

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(2) Official misconduct in the first degree is a Class A misdemeanor.

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1.

Undisputed Facts

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In March of 2005, Breedlove worked as a volunteer intern for Oregon State Representative Kim Thatcher in her Capitol office in Salem. Breedlove was 17 years old and had graduated from high school nine months earlier, according to Sprague High School records. In March of 2005, Adams was serving as a Portland City Commissioner. On March 24, 2005 Adams traveled to Salem with intern policy analyst Roland Chlapowski to meet with legislators and to discuss transportation issues. Adams and Breedlove first crossed paths when Adams briefly passed Representative Thatcher’s office. The two made eye contact but did not interact that day. Breedlove was interested in meeting Adams. Although details vary somewhat, Adams and Breedlove both acknowledge that, before Adams left the building Adams was provided with a card that included Breedlove’s name, phone number and a brief note from Breedlove. Adams lost the card containing Breedlove’s contact information. He called Representative Thatcher’s office on March 31, 2005, and spoke with a woman who provided Breedlove’s number. Adams called Breedlove that day and the two began communicating by cell phone and text message. Available records show cell phone and text message communication through April, May, June and July of 2005. Within a few weeks of their initial communication, Adams and Breedlove arranged to meet for the first time over lunch at the Macaroni Grill in downtown Portland. Neither has an independent recollection of the exact date of this lunch meeting, but both agree it was most likely in April of 2005. Breedlove’s age came up in conversation during the meal. Adams says he was surprised to learn Breedlove was only 17. After lunch, Adams drove Breedlove to the train station where the two parted company. A point of dispute arises, however, as to the events during that drive. As discussed below, Breedlove alleges that he and Adams kissed at some point during their drive and Adams denies that this occurred. Breedlove subsequently received notice of a First Thursday event at City Hall and decided to attend.4 Breedlove contacted Adams prior to the First Thursday event and let Adams know that he planned to attend. Neither have independent recollection of the exact date of this event. Both agree that it was

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First Thursday at City Hall was an event hosted by Commissioner Adams as part of his role as the Arts Commissioner. These events occurred in concert with Portland First Thursday art-gallery openhouse functions on the first Thursday of each month. During these events, Adams would introduce artists whose works were on display in City Hall. These events were open to the public. According to staffers, Adams would regularly circulate through the crowd and network with attendees.

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before Breedlove turned 18 on June 25, 2005.5 The investigation concludes that it was likely May 5, 2005. Accounts of the specific events of this night vary greatly, but include a number of undisputed elements. Breedlove arranged a ride to Portland that evening with a friend. Breedlove arrived at City Hall alone and with a gift for Adams. Adams pulled a few staff members into his office and told them that there was a 17-year-old at the event who was interested in Adams. Adams asked staff members to assist Adams by keeping some distance between Adams and Breedlove during the event. Adams introduced Breedlove to his staffers and others present. Adams also asked his staffers to attend to Breedlove during the evening. Adams engaged in networking with the public during the event and did not interact significantly with Breedlove. Breedlove remained for the entire event, which began around 5:00 p.m. and typically would have ended around 8:00 p.m.

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Adams and Breedlove left City Hall together after the event and walked to the Lotus Restaurant. Adams and Breedlove later left the restaurant when Breedlove’s friend arrived to pick him up. Adams and Breedlove both state there was no intimate physical contact between them either during or after their meal at the Lotus restaurant.

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Sometime after the First Thursday event, Breedlove invited Adams to Breedlove’s 18th birthday party at Breedlove’s parents’ home in Salem. Adams attended the party on June 25, 2005. Adams and Breedlove both state that there was no intimate physical contact between them during the party.

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Adams and Breedlove continued to communicate by phone and text message after the June 25, 2005 party and into July 2005. At some point, they scheduled a Saturday evening date at Adams’ residence which included consensual sexual conduct. Breedlove and Adams continued to communicate via cell phone and text through July 30, 2005. Cell phone and text message communication dropped off abruptly after that date. In September of 2005, Breedlove left Oregon for a job in Hawaii.

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2. Disputed allegations a.

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The Drive after Lunch at Macaroni Grill

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In his statements to DOJ investigators, Breedlove asserts that during the drive to the train station after lunch at the Macaroni Grill in April 2005—when Breedlove was still underage—Adams stopped at a traffic light, leaned over and

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Considering the date of their first contact by phone, their intervening lunch, and the fact that Adams was out of town for the June 2005 First Thursday function, it is likely that Adams and Breedlove both attended the First Thursday event that occurred on May 5, 2005.

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kissed Breedlove on the lips. Breedlove believed this to be a mutual kiss and has described the kiss as “brief” and “romantic.” Breedlove and Adams parted company at the train station without further physical contact.

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Adams acknowledges that he was attracted to Breedlove and considered the lunch to be a date based on their cell-phone and text-message exchanges leading up to the lunch, which Adams described as mildly flirtatious. Adams denies any kissing or intimate physical contact between himself and Breedlove while they were driving to the train station after lunch. Adams contends that he had cleared his calendar that afternoon with the hope that, if lunch went well, he and Breedlove could also attend a movie across the street. When Adams learned over lunch that Breedlove was only 17, he claims he immediately dismissed the idea of extending their lunch date and informed Breedlove that he could not be involved with someone under age 18. Adams claims that he was surprised that Breedlove did not mention his age at some point before arriving for their date. Adams claims that it is common for him to greet or leave friends with a hug or quick kiss on the cheek. Adams said he does not specifically recall such an exchange with Breedlove at the train station on this day, but he acknowledges that this type of exchange may have occurred.

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b. First Thursday According to Breedlove, Adams personally invited him to the First Thursday event. Breedlove recalls baking cookies as a gift to Adams and taking those with him to City Hall. Breedlove claims that he presented the gift to Adams and Adams accepted the gift. Breedlove claims that, after the event ended and most of the public had left the building, he and Adams entered the men’s restroom on the second floor. According to Breedlove, no one else was in the restroom at that time. He alleges that, after using the restroom, they embraced each other body to body and engaged in a long, mutual kiss on the lips. Breedlove described the incident as “passionate” and “making out.” He could not describe who initiated the contact, except to say “it just happened.”

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Breedlove further asserts that, after the kiss, as he and Adams were leaving the restroom, a uniformed security guard was entering. Breedlove described the guard as an older, white male. Breedlove claims the security guard said at that time that he had seen Adams enter the restroom and was concerned because Adams had been in the bathroom for a long time.

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Adams asserts that the kiss in the restroom never occurred. Adams also does not recall being in the restroom at the same time as Breedlove. In September of 2007, Adams publicly stated that he invited Breedlove to First Thursday at the end of their lunch. Adams currently maintains that he does not remember extending a personal invitation to Breedlove, but was aware that Breedlove planned to attend. Adams claims that Breedlove presented him with a gift that night that included a vase and a shirt. Adams indicates he did not accept

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the gift and that he discussed with Breedlove that it would be inappropriate for him to accept the gift because Breedlove was 17 years old and Adams could not be involved with someone that age. Adams reports that he accompanied Breedlove to the Lotus Restaurant because, at the end of the event, Breedlove told him that his friend could not pick him up for another 30 to 45 minutes. Adams claims he did not want to leave Breedlove by himself in City Hall but also did not think it was a good idea to be alone with Breedlove. So Adams suggested they wait for Breedlove’s friend in one of the closest public restaurants. 3.

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Absence of Corroborating Witnesses

No witnesses to the alleged kiss when Adams was driving Breedlove to the train station have been identified or have stepped forward. No one, other than Breedlove, reports seeing Adams and Breedlove enter or exit the bathroom together or kiss on the night Breedlove and Adams attended the First Thursday event. Breedlove asserts that an “older, white male” security guard witnessed Breedlove and Adams leaving the restroom after they kissed. This witness would not have direct knowledge of any intimate physical contact between Breedlove and Adams, but such a witness might corroborate that Breedlove and Adams were in the bathroom together, something Adams denies. In 2005, City Hall security guards were employed by DePaul Industries Securities Services. Available DePaul employees who worked at City Hall during the relevant time period in 2005 were contacted. None of the employees recalls witnessing Adams and Breedlove in the restroom and, with one exception, no security guard recalls hearing anything about this incident from other guards. That one security guard—Glenn Clark—claims to have information about this encounter. Clark served as a security guard in City Hall from 2004 through April 15, 2005. In a written statement that Clark provided to The Oregonian, Clark states that he and Security Officer Jacoby Demissie worked the same shift during a First Thursday event sometime between January 2005 and April 2005. Clark reports that, about 7:30 or 8:00 p.m., Demissie came down from the second floor of City Hall, and walked over to the front of the security desk where Clark sat. Clark claims that, in a flat tone, Demissie said words to the effect that “I just saw Sam Adams having sex with this younger guy in the bathroom.” Clark believed Demissie was saying that Adams and the younger man were doing more than kissing or making out. Clark claims he then asked if the younger guy was underage and Demissie responded “no.” Clark did not visit the second floor himself and reports that no one overheard his conversation with Demissie. He further states that he did not repeat Demissie’s remarks to anyone.

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DePaul employee

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Clark claims he forgot about this conversation with Demissie until he ran

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into another former City Hall security guard at a bar on Super Bowl Sunday 2009. Clark states that the other former security guard mentioned that Willamette Week was trying to find former security guards who worked at City Hall and that the discussion triggered Clark’s memory of his conversation with Demissie four years prior. [add a physical description of Clark]

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Jacoby Demissie was a DePaul Securities guard assigned to City Hall in 2005. Demissie states that he does not recall ever seeing Adams engaged in sexual activity in the restroom or telling Clark those details. Demissie further states that, had he witnessed this, it would be an incident he would not have forgotten. Based on Demissie’s statement, Clark’s account does not appear credible. Furthermore, Demissie is an African American male, and therefore does not match Breedlove’s description of the security guard as an older white male. Moreover, Clark served as a security guard in City Hall until April 15, 2005 and thus was not so employed on the most likely date of the alleged First Thursday event. 4. Credibility Issues

Deleted: Demissie is an African American male, and therefore, does not match Breedlove’s description of the security guard as a white male. ¶ ¶ Deleted: does not fit the physical description of the security guard that Breedlove claims walked into the bathroom Deleted: Finally, Clark left his position with DePaul on April 15, 2005. The investigation has concluded that the First Thursday event at issue most likely occurred on May 5, 2005.¶

With no witnesses and no corroboration, proof of the alleged kisses rests squarely on Breedlove and his credibility as the sole witness. a.

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Breedlove

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i. Inconsistent Statements

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Over time, Breedlove has provided different statements about the critical events that allegedly occurred between him and Adams. Breedlove has stated that no kiss occurred on the day they had lunch at the Macaroni Grill. He has stated that the only kiss that day occurred while Adams was driving him to the train station. He has also said Adams kissed him when Adams dropped Breedlove off at the train station. •

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January 22, 2009. Breedlove provided a statement to Adams’ attorney Sam Kauffman and investigator Kara Beus asserting that he and Adams engaged in no sexual contact or kissing at any time before Breedlove’s 18th birthday.

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January 24, 2009. Breedlove’s attorney, Charlie Hinkle, emailed a statement to Adams’ attorneys that includes the following statement by Breedlove: “After lunch, Sam drove me to the train station. When he dropped me off at the train station, he kissed me.”

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January 24, 2009. Breedlove asserted in an interview with The Oregonian that on the day of their lunch, Adams leaned over

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and kissed Breedlove on the lips while stopped at a traffic light near Pioneer Square. Deleted: ¶

Investigators attempted to find the truth by interviewing close friends and associates to whom Breedlove might have confided in 2005. Breedlove declined to cooperate by identifying potential witnesses who could confirm that he had described these events to others at the time they occurred. Investigators identified one close friend who was in contact with Breedlove by cell phone and text message in April and May of 2005. Lacey Visto, who described her relationship with Breedlove in 2005 as “close,” recalled Breedlove telling her about meeting Adams at the Legislature. She maintains that Breedlove told her his initial interest in Adams was romantic and that he wanted to move his relationship with Adams forward at a rapid pace. She stated that Breedlove pursued the relationship aggressively. She recalls Breedlove indicating that Adams was hesitant due to their age difference and the fact that Adams was a public figure. Breedlove did not mention to her any sexual contact with Adams before Breedlove’s 18th birthday. ii.

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Breedlove’s Active Role in Generating Media Attention

It appears that Breedlove quietly orchestrated a behind-the-scenes resurgence of this story after he moved to Portland from Michigan in November 2007, fueling the story through January 2009. Although there may be legitimate reasons for Breedlove bringing the story to light at that time, it is likely that a jury would view the timing of the disclosures as an additional reason to doubt Breedlove’s credibility. This view is bolstered by the fact that— in statements to Adams and the media—Breedlove never hints at his direct role in bringing the story to public light. The following provides an overview of related key events:

Deleted: (Tony Note: do we need this section? I don’t see how his efforts to shed light on the story undermine his credibility. It’s just as likely he felt guilty about lying a year earlier and was determined to try and bring the truth to light – even if he handled it clumsily)¶ ¶ Deleted: .

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November 2007. Breedlove moved to Portland from Michigan and arranged to meet with The Mercury reporter Amy Ruiz at the Pioneer Square Starbucks. Breedlove did not show up for the meeting.

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Despite this,

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January 2, 2008. Ruiz, still with The Mercury, received an anonymous email suggesting that Breedlove and Adams had a sexual relationship in 2005. The anonymous source agreed to meet with Ruiz to verify his identity, but requested that his identity be kept confidential.

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January 2, 2008. Breedlove met Ruiz at the Higgins restaurant. He admitted that he was her source but refused to go on record. He expressed a desire for Ruiz to independently confirm his story about his relationship with Adams so that it can be reported without his participation. Breedlove provided sources for Ruiz to consult to 8

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corroborate his claim that he had a sexual relationship with Adams in 2005. •

January and February 2008. Ruiz attempted to confirm Breedlove’s story with other sources including Breedlove’s former teacher, a friend from 2005, a Salem colleague and others. None of the individuals contacted by Ruiz sufficiently supported Breedlove’s story, including those whose names and contact information were provided by Breedlove.

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Late February 2008. Based on an inability to corroborate Breedlove’s story, and Breedlove’s refusal to go on record, The Mercury stopped pursuing Breedlove’s leads and did not publish a story.

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April 2, 2008. Breedlove posted a statement on his MySpace page which was anonymously emailed to Willamette Week. This email reignited Willamette Week’s interest in the Breedlove/Adams story. Breedlove met with Willamette Week reporters three times between April 2008 and January 2009 and requested on all occasions but one that he not be quoted for publication.

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January 9, 2009. Breedlove called Ruiz to make sure she had not spoken with Adams about what Breedlove had told her or about the fact that Breedlove was her anonymous source.

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January 9, 2009. The following anonymous email was sent to Willamette Week, The Oregonian, the Portland Tribune, Just Out, the Statesman Journal, The Mercury and KOIN-TV: “I suggest you follow up on Sam Adams and Beau Breedlove. You should contact Mark Merkle. He knows and has talked to some people already.” The message included Merkle’s cell phone number.

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January 15, 2009. A Willamette Week reporter and editor met with Adams and confronted him with their information.

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January 20, 2009. Breedlove issued a press release/public statement through Harvest Public Relations and Marketing. The statement read, in part: “The past day of news coverage regarding my brief 2005 relationship with Mayor Sam Adams has been stressful, to say the least. … While my first instinct was to tell the truth, I also wanted to protect Sam Adam’s [sic?] reputation, considering our valuable friendship.”

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January 20, 2009. Breedlove sent the following text message to Adams: “I support you Sam. I am sorry this happened.”

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January 24, 2009. The Oregonian ran a front-page interview with Breedlove. This was the first of many print, radio and television interviews for Breedlove.

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January 24, 2009. Breedlove sent a text message to Adams that read in part: “I didn’t call or text you because I didn’t think I should, but the Oregonian essentially blackmailed me, and said to the effect, that if I didn’t speak, they were going to publish about the Hawaii incident in the Sunday paper. So I interviewed with them.”

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February 2009. Breedlove accepted Unzipped magazine’s offer to be featured on the magazine’s May cover and traveled to Los Angeles for a nude photo shoot and interview. In the article, Breedlove discussed his “spurned lover who tipped off the Portland media to the Adams affair. Beau states the man – many years his senior, just like Mayor Adams – did it after he and Beau had a messy breakup. ‘That guy caused me and my family a ton of stress and turmoil.’” iii.

Breedlove’s Felony Conviction

In 2006, Breedlove pleaded guilty to theft in the second degree, a Class C felony, in Hawaii. Breedlove was caught leaving Macy’s department store with over $750 in clothing. As part of his plea agreement, he was sentenced to five years supervised probation. Under Oregon Evidence Code Rule 609(1)(a), prior felony convictions are admissible in criminal proceedings to attack the credibility of a witness. b. Adams i.

Adams admits to lying about the salient facts

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Adams has admitted that he lied about the nature of his relationship with Beau Breedlove, both publicly and privately. According to Adams, these lies began with his statements to John Veniza in July of 2005 and ended with his interview with Willamette Week on January 19, 2009. In September of 2007, when confronted with rumors that he and Breedlove had a sexual relationship while Breedlove was 17 years old, Adams denied the allegation. As part of his private and public denials, Adams crafted a story that featured him in a mentoring relationship with Breedlove. Adams admits and Breedlove concurs that, in the summer of 2007, Adams called Breedlove and asked him to lie if questioned about the sexual nature of their relationship. At the time, Breedlove agreed to conceal the truth.

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Adams has admitted that his description of his relationship with

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Breedlove in 2007 and 2008 was predicated on a lie and that he made a number of inconsistent statements about the details of his interactions with Breedlove to further his inaccurate portrayal of their relationship. ii.

Adams’ public claims of cooperation with this investigation.

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While Adams publicly claimed to be cooperating with this investigation, he was often slow to cooperate with investigators. On Thursday, January 23, 2009, DOJ Criminal Division Chief Counsel Steven Briggs requested immediate access to Adams’ computers and cell phones. Adams’ attorney, Robert Weaver, agreed that Briggs and Special Agent Ron Nelson would pick up Adams’ city computer at City Hall on Saturday, January 25th. Weaver indicated he would call on Saturday to schedule the exact time to meet. Weaver never called as planned. Weaver did call and leave a message for Briggs on Sunday, requesting more time and suggesting that, in his absence the following week, DOJ should work with his partner at Garvey Schubert Barer, Sam Kauffman. On Monday, January 27 (check date) DOJ’s Attorney in Charge of the Organized Crime Section, Donna Maddux, contacted Sam Kauffman and reiterated DOJ’s request for immediate access to Adams’ computers and cell phones. A request was also made for a complete listing of electronic data sources utilized by Adams, including but not limited to telephones, computers, email accounts and social networking accounts. Kauffman informed Maddux that Adams’ computers and cell phones were currently in the possession of Kauffman’s law firm. On Wednesday, January 29th (check date), Maddux and Nelson traveled to the Portland law offices of Garvey Schubert Barer to meet with Kauffman. Earlier that day, Maddux provided Kauffman with DOJ consent-to-examine forms. During the meeting, Kauffman provided a one-page list of Adams’ electronic data sources. Kauffman refused to provide any additional information or equipment. He also refused to provide passwords to email accounts which would allow DOJ investigators access to those accounts. He indicated that Garvey Schubert Barer forensic experts had created a forensic image of Adams’ city computer and he offered to provide DOJ with a copy at a later date. Maddux and Nelson insisted on having direct access to Adams’ hardware in order to conduct an independent forensic review. Kauffman refused requests to allow Nelson to take the computer at that time. Arrangements were made for Nelson to return to Kauffman’s office to pick up Adams’ city laptop the following day. On February 3rd, Maddux sent Kauffman a letter reiterating DOJ’s request for consent to review Adams’ personal computers, phone and electronic accounts. 11

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On February 9th, Kauffman requested a two-day extension. The response letter was received on February 12th and indicated that Adams would produce his two personal computers and his PDA/cell phone, in addition to providing user names and passwords for Adams’ email and social networking accounts.

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Nelson arranged to pick up Adams’ personal computers and his PDA from Garvey Schubert Barer on February 17th—25 days after DOJ’s initial request.

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Forensic examination of Adams’ PDA revealed a missing memory card. On February 18th, Maddux contacted Kauffman to inform him of the missing memory card and to request any and all memory cards used with Adams’ PDA since April 2005.

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On February 23rd, Kauffman reported to Maddux that “while we can confirm that the Mayor sometimes used the memory card slot on the PDA, there is no particular memory card that goes with the PDA.” Maddux reiterated DOJ’s request for any and all memory cards used with Adams’ PDA during the relevant time period.

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On April 2 , in response to a number of outstanding questions related to Adams’ electronic data sources, Kauffman indicated that Adams had consented to production of two PDA memory cards that were previously in Adams’ possession and were now in the possession of Garvey Schubert Barer. th

Nelson arranged to pick up the memory cards on April 6 .

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Adams’ delay in complying with requests for electronic data in the course of this investigation raises additional questions. While this investigation was requesting access to Adams’ equipment and pushing for full cooperation but not receiving such cooperation, Adams was asserting, to the press and to city staff, that he intended to fully comply with this investigation.

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Conclusion Both Adams and Breedlove have little credibility as to their reports of the events that are the subject of this investigation. Adams lied repeatedly about his sexual relationship with Breedlove. Then while admitting the relationship and explaining to the media that he was fully cooperating with the investigation, Adams’ lawyers were hampering the investigation. Adams has every motive to lie about kissing Breedlove before Breedlove’s 18th birthday. But a prosecutor would bear the burden to prove beyond a reasonable doubt that Breedlove’s account is true. That burden could not be met under the circumstances of this matter. Breedlove’s account of the two incidents of kissing before his 18th birthday is less than credible. He appears to have told no one at the time of the events and he willingly agreed to lie at Adams’ request. When Breedlove did

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finally raise the incidents more than two years later, he changed his story repeatedly. As a result, we conclude that there is not sufficient credible evidence to justify criminal prosecution. B.

ALLEGATION OF POTENTIAL OFFICIAL MISCONDUCT

A January 19, 2009 Willamette Week article suggested the possibility that former Portland Mercury reporter Amy Ruiz was hired by Adams in an effort to halt her investigation into the Breedlove story. If true, this could potentially provide the factual basis for a charge of official misconduct. Ruiz was employed by the Portland Mercury in the fall of 2007 when Breedlove first contacted her. She reports that she could not find any sources who would corroborate the allegations. On February 29, 2008, Ruiz met with Adams to discuss the anonymous email she received on January 2, 2008. The email contained specifics about Breedlove and Adams kissing in a City Hall men’s restroom, and included a reference to a security guard who might have information. Ruiz recalls showing the email to Adams. According to Ruiz, Adams’ response was, “whoever wrote this believes it.” Adams claims he denied the allegations. In consultation with her editor, Ruiz stopped her pursuit of the story after confronting Adams and the Mercury declined to print a story based on Breedlove’s uncorroborated allegations. Ruiz states that she noticed the Planning and Sustainability Advisor position posted on the web at “CommissionerSam.com” on or about October 27, 2008. After she saw the opening, she provided her resume to Adams’ Chief of Staff, Tom Miller. Eventually, Lisa Libby called and asked her to come in for an interview. On December 22nd, Ruiz received a call requesting that she return for a final interview and was offered the job. She asserts that she never had any contact with Adams during the hiring process and issues regarding the Breedlove story she explored earlier in 2008 were never raised. Libby and Miller give similar accounts of the hiring of Ruiz. Libby currently serves as the Planning and Sustainability Director for the Portland Mayor’s office and began in this position in January of 2009. Prior to this position, she served as the Senior Policy Director for Commissioner Adams. Libby claims she was responsible for posting the job. She reviewed between 35 and 40 applications and selected 10 individuals for interviews. After the initial process, there was a change in the position as two internal offices merged, which caused her to reexamine the applications for the position of Policy Advisor. When she finally made calls for interviews, Ruiz was one of the individuals contacted. At some point prior to final interviews, Libby suggested to Miller that existing city planner Radcliffe Dacanay might be a good fit for the new bureau. Dacanay had not applied for the position. Miller reports that he and Libby approached Dacanay about the position of Policy Advisor in the new bureau and 13

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that Dacanay declined. Dacanay confirmed that Libby and Miller offered him the new position in the first or second week of December 2008 and that he declined. Libby claims that based on first-round interviews, she narrowed the pool down to three applicants and asked Adams Chief of Staff Tom Miller to sit in on the second interview. Miller advised that when he became the Chief of Staff for Mayor Adams, he and Adams agreed that Miller would have control over the hiring and firing of personnel. This is confirmed by Adams and other staffers. After the final interviews, Libby and Miller agreed that Ruiz was the top candidate for the position. Libby and Miller confirm that Ruiz’s work on the Breedlove story was never discussed during the hiring process. Libby claims that immediately after the second interview of Ruiz, Miller walked over to Adams’ office. Libby further reports that Miller returned in a matter of minutes and indicated that Ruiz would be offered the position. Neither Miller nor Adams recall if Adams was actually consulted for approval before the position was offered to Ruiz. According to Libby, Miller reported to her that Adams was fine with their choice. Ruiz was offered and accepted her current position.

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Conclusion Based on this information, there is no evidence that Adams hired Ruiz in an effort to cover-up her investigation and reporting of the Breedlove/Adams story.

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Part 3: Lying

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This is where we discuss whether or not there’s evidence that Adams instructed city staff to lie on his behalf on city time.

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SCOPE OF INVESTIGATION A. INTERVIEWS During this investigation, the following persons were interviewed on the dates indicated in 2009:6 1. Sam Adams – May 28th (Portland Mayor) 2. Mario Aguilar - March 16th (Friend of Beau Breedlove) 3. Jane Ames – February 11th and February 19th (Adams staff) 4. Robert Ball – February 4th (Real estate developer) 5. Jesse Beason – February 12th and February 19th (Previous Adams staff) 6. Pollyanne Birge – February 17th (City of Portland staff) 7. Beau Breedlove – February 23rd, March 26th, April 14th and May 1st 8. Kate Brown – April 20th (Secretary of State) 9. Roland Chlapowski – February 12th, February 19th and March 18th (Adams staff) 10. Catherine Ciarlo – February 12th (Adams staff) 11. Glenn Clark – March 18th (DePaul Industries Security Guard) 12. Radcliffe Dacanay – April 8th (City of Portland Planning Bureau) 13. Jacoby Demissie – March 20th (Previous DePaul Industries Security Guard) 14. Carol Duong – February 11th and April 9th (Adams staff) 15. Cevero Gonzales – February 12th, May 4th and May 18th (Adams staff) 16. David Gonzales – February 25th (Previous Adams staff) 17. James Graham – March 11th (Former DePaul Industries Security Guard) 18. Warren Jimenez – March 12th and March 17th (Adams staff) 19. Gordon Johnston – February 27th (Previous Adams volunteer) 20. Vera Katz – March 11th (Previous Portland Mayor) 21. Robert Kieta – March 6th (City of Portland staff) 22. Ty Kovatch – March 12th (Chief of Staff for Commissioner Randy Leonard) 23. Jason Landon – March 23rd (DePaul Industries Security Guard) 24. Alacia Lauer – April 9th (Adams staff) 25. Randy Leonard – March 12th (Portland City Commissioner) 26. Lisa Libby – February 11th and May 27th (Adams staff) 27. Maria Lim – February 11th (City of Portland staff; previous Adams staff) 28. Thomas Miller – March 4th (Chief of Staff for Mayor Sam Adams)

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Mark Merkle, an ex-boyfriend of Beau Breedlove, refused to be interviewed as part of this investigation.

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29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49.

Scott Moore – January 27th (Former Mercury newspaper reporter) Warren Newberry – February 11th (Adams staff) Wade Nkrumah – February 5th (Previous Adams staff) Arissa Oliveros – February 27th (Former DePaul Industries Security Guard) Shoshannah Oppenheim – February 17th (Adams staff) Paul Peterson – February 11th (Adams staff) Amy Ruiz – February 17th and February 23rd (Adams staff; former Mercury newspaper reporter) Obadiah Rutledge – January 27th and April 8th (Administrative Specialist/Reading Clerk, Oregon House of Representatives) Kimberly Schneider – February 11th (Adams staff) Kathryn Skorniak – February 13th (Friend of Beau Breedlove) Sierra Stringfield – April 13th and April 24th (Adams staff) Maria Thai Mai – February 27th (Former Adams staff) Kim Thatcher – February 3rd (Oregon State Representative) Robert Tybie – March 5th (Former DePaul Industries Security Guard) Grace Uwagbae – February 11th and April 8th (Adams staff) John Vezina – February 18th (Friend of Adams in 2005) Lacey Visto – May 28th (Friend of Breedlove in 2005) Adam Villarreal – April 6th and April 20th (Friend of Beau Breedlove) Mark Weiner – January 29th and April 6th (Political Consultant to Adams) Davis Wilson – March 31st (Former day porter at Portland City Hall) Jennifer Yocum – February 11th (Adams staff)

B. DIGITIAL, ELECTRONIC AND TRADITIONAL INFORMATION REVIEW This investigation included an extensive review of the following records (see Attachment #1 for greater detail): • Portland City Hall security records (April 2005 – June 2005) • Adams’ cell phone records (January 2005 – December 2005 and April 2008 – February 2009) • City archived emails for Adams (dates) • Adams’ personal email accounts (January 2007 – March 2009) • Adams’ city calendar (April 2005 through July 2005) • Breedlove phone records (April 12, 2005 through May 12, 2005) • All known print, television and radio interviews featuring Breedlove, Adams or others relating to this investigation • Social networking sites for Breedlove and Adams (Facebook and MySpace) A Blackberry Pearl cell phone used by Breedlove was examined. Breedlove voluntarily provided his phone to our investigators on March 26, 2009. Text messages from January 22, 2009 – March 5, 2009 were recovered. 16

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The following computers, cell phone and memory cards used by Adams were examined. They were provided to this investigation by Adams’ legal counsel on the dates specified below.[if we are going to say this we need to list all the dates for each item] • Office laptop • Home computer • Personal laptop • Sprint cell phone • Text messages from January 21, 2009 – January 28, 2009 were recovered. • Two SIM/memory cards linked Adams’ cell phone

Deleted: End of report¶ ¶ Beau Breedlove has alleged, in the course of this investigation and publicly in various interviews, that he and Sam Adams kissed on two separate occasions before Breedlove turned 18. Sam Adams denies any intimate kisses or contact with Breedlove until after Breedlove’s eighteenth birthday. ¶ ¶ The threshold issue is determining whether there is a factual basis that the kisses occurred. If so, the facts as alleged by Breedlove could arguably provide the factual basis for the crime of misdemeanor sexual abuse in the third degree[6]. Proving that crime would also require the state to establish that the kisses constituted “sexual contact” as defined by law[7]. The statute of limitations on this count expires on June 25, 2009 – four years after Breedlove’s 18th birthday (ORS 131.125(3)).¶ ¶ Breedlove and Adams were both interviewed as to their recollection of the two alleged kissing incidents. Every reasonable effort was made to corroborate critical elements of each account based on available records, prior statements made by Breedlove and Adams and statements of other witnesses. Before turning to the issues in dispute, we first detail those facts not in dispute. This investigation explored whether Portland Mayor Sam Adams violated any criminal laws of the State of Oregon during his relationship with Beau Breedlove or in the course his efforts to conceal the nature of their relationship. Based on available evidence reviewed in this investigation, we conclude that there is insufficient evidence to support the allegation that Adams ... [1] Formatted: Space After: 0 pt, No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text Formatted: Right: 0.25"

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End of report Beau Breedlove has alleged, in the course of this investigation and publicly in various interviews, that he and Sam Adams kissed on two separate occasions before Breedlove turned 18. Sam Adams denies any intimate kisses or contact with Breedlove until after Breedlove’s eighteenth birthday. The threshold issue is determining whether there is a factual basis that the kisses occurred. If so, the facts as alleged by Breedlove could arguably provide the factual basis for the crime of misdemeanor sexual abuse in the third degree[6]. Proving that crime would also require the state to establish that the kisses constituted “sexual contact” as defined by law[7]. The statute of limitations on this count expires on June 25, 2009 – four years after Breedlove’s 18th birthday (ORS 131.125(3)). Breedlove and Adams were both interviewed as to their recollection of the two alleged kissing incidents. Every reasonable effort was made to corroborate critical elements of each account based on available records, prior statements made by Breedlove and Adams and statements of other witnesses. Before turning to the issues in dispute, we first detail those facts not in dispute. This investigation explored whether Portland Mayor Sam Adams violated any criminal laws of the State of Oregon during his relationship with Beau Breedlove or in the course his efforts to conceal the nature of their relationship. Based on available evidence reviewed in this investigation, we conclude that there is insufficient evidence to support the allegation that Adams had criminal sexual conduct with Breedlove while Breedlove was a minor. We also conclude that there is no evidence that Adams unlawfully used his position to silence Amy Ruiz in her pursuit of the Breedlove story. Two days prior, on January 19, 2009, Sam Adams admitted to Willamette Week reporter Nigel Jaquiss that Adams had a sexual relationship with Beau Breedlove in the summer of 2005. This admission was in contradiction to earlier public denials by Sam Adams. That same day, Willamette Week published an article featuring Adams’ admission. The article suggested the possibility that Adams and Breedlove had a sexual relationship while Breedlove was 17 and further suggested that previous Portland Mercury reporter Amy Ruiz was hired by Adams in an effort to halt her investigation and reporting into the Breedlove story.

Dm1/#1449591-v1 [1] As discussed below, Breedlove alleges he and Adams kissed at some point during their drive. [2] First Thursday at City Hall was an event hosted by Commissioner Sam Adams as part of his role as the Arts Commissioner. These events occurred in concert with Portland First Thursday art gallery open house functions on the first Thursday of each month. During these events, Adams would introduce artists whose works were on display in City Hall. These events were open to the public. According to staffers, Adams

would regularly circulate through the crowd and network with attendees. [3] Considering the date of their first contact by phone, their intervening lunch, and the fact that Adams was out of town for the June 2005 First Thursday function, it is likely that Adams and Breedlove both attended the First Thursday event that fell on May 5, 2005. [4] ORS 162.415 Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another: (a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or (b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties. (2) Official misconduct in the first degree is a Class A misdemeanor. ORS 162.405 Official misconduct in the second degree. (1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person. (2) Official misconduct in the second degree is a Class C misdemeanor

[5] Mark Merkle, ex-boyfriend of Beau Breedlove, refused to be interviewed as part of this investigation. [6] ORS 163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and: (a) The victim does not consent to the sexual contact; or (b) The victim is incapable of consent by reason of being under 18 years of age. (2) Sexual abuse in the third degree is a Class A misdemeanor. [7] ORS 163.305(6) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.