DEPARTMENT OF JUSTICE Deleted: E

CRIMINAL JUSTICE DIVISION Deleted: requested the

initiation of an investigation by
INVESTIGATION REPORT the Oregon Department of
Justice (DOJ)
Deleted: . They
CASE/FILE NO.: CPC0001-09 Deleted: , addressed to
Deleted: asked Attorney
DATE OF REPORT: June General Kroger to determine
whether a criminal prosecution is
appropriate as a result of Mayor
SPECIAL AGENT: Ron Nelson Sam Adams’
Inserted: y
ATTORNEY: Donna Maddux Inserted:
Deleted: request letter
Deleted:
I. BASIS FOR INVESTIGATION
Inserted: asked
On January 21, 2009, Multnomah County District Attorney Michael Inserted: to determine
whether a criminal prosecution is
Schrunk and Portland Police Chief Rosanne Sizer jointly sent a letter to Attorney appropriate as a result of Mayor
General Kroger asking for an investigation into whether Portland Mayor Sam Sam Adams’s conduct in
broke any laws in connection with his relationship with Beau Breedlove connection with his relationship to
Beau Breedlove.

In response, the Attorney General and the Oregon Department of Justice Deleted: s
conducted an exhaustive investigation, which included interviews with more than Deleted: conduct in ... [1]
50 witnesses; an extensive review of City Hall records that include telephone and Deleted: , states:¶ ... [2]
email accounts; a review of Breedlove’s cell-phone records; and a forensic Deleted: the
examination of Adams’ phones and computers. The investigation addressed and Inserted: the Attorney ... [3]
answers three key legal questions:
Deleted: This

1. Did Adams have sexual contact with Breedlove in 2005 while Breedlove Deleted: more than

was a minor in violation of ORS 163.4152, 163.435 or 163.445? (Need to insert Inserted: more than
footnotes) Deleted: almost
Inserted: almost
ANSWER: The evidence does not support charging Adams with the crime Deleted: d
Deleted:
Deleted: s
2 ORS 163.415 Sexual abuse in the third degree. Inserted: s phones and

(1) A person commits the crime of sexual abuse in the third degree if the person subjects Deleted: Based on the facts
... [4]
another person to sexual contact and: Deleted: must be answered
1
(a) The victim does not consent to the sexual contact; or Deleted: violate ORS 163.415
... [5]
1
Inserted:
(b) The victim is incapable of consent by reason of being under 18 years of age.
Deleted: ing
(2) Sexual abuse in the third degree is a Class A misdemeanor. Deleted: and thereby violate
Inserted: and thereby violate
Formatted: Right: 0.25"

1
of sexual abuse in the third degree, contributing to the sexual delinquency of a
minor or sexual misconduct. The investigation found no allegation nor evidence
that Adams and Breedlove engaged in sexual intercourse when Breedlove was a
minor. The investigation uncovered no corroboration of Breedlove’s accusation Deleted: revealed
that Adams kissed him before Breedlove’s 18th birthday. Breedlove appears not Inserted: revealed no
to have mentioned the incidents until 2007— more than two years after they corroboration of Breedlove’s
accusation that Adams kissed
allegedly occurred. Moreover, Breedlove’s credibility — on which successful him before Breedlove’s 18th
prosecution of a charge would depend — is undermined by the fact that he has birthday. Breedlove appears not
repeatedly changed his story. Given the lack of evidence and the unreliability of to have mentioned the incidents
until 2007—
the sole witness, we believe a jury would find reasonable and significant doubt
that Adams committed sexual abuse in the third degree. Formatted: Superscript

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 Deleted: the
story about Adams’s relationship with Breedlove during Adams’s campaign for Deleted: his
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. Deleted: s

3. Did Adams commit official misconduct in violation of ORS 162.415 or

theft by deception in violation of ORS 164.0854 by lying about his relationship

3 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.

4 ORS 164.085 Theft by deception.

(1) A person, who obtains property of another thereby, commits theft by deception when,
with intent to defraud, the person:

(a) Creates or confirms another’s false impression of law, value, intention or other state of
mind that the actor does not believe to be true;

(b) Fails to correct a false impression that the person previously created or confirmed;

(c) Prevents another from acquiring information pertinent to the disposition of the property Formatted: Right: 0.25"
involved;

2
with Breedlove when questions about that relationship first emerged or in Deleted: ¶
Conclusion:¶
Adams’s mayoral campaign? ¶
1. The evidence does not
ANSWER: The evidence does not support charging Adams with official support charging Adams with the
crime of Sexual Abuse in the
misconduct or theft by deception based on the lies Adams told about his Third Degree. Despite exhaustive
relationship with Breedlove. Adams did not significantly use city resources to interviews, there is significant
promote or further his claim that he did not engage in sexual relations with question as to whether there was
any physical contact between
Breedlove prior to Breedlove turning age 18. Nor did Adams convey lies about Adams and Breedlove prior to
his relationship with Breedlove to potential campaign supporters in an effort to Breedlove’s 18th birthday. The
obtain contributions. investigation revelaled no
corroboration of the incidents in
which Breedlove accuses Adams
of kissing him. Breedlove
II. SYNOPSIS OF INVESTIGATION appears not to have mentioned
the incidents until 2007 -- more
than two years after they
A. FACTS RELATED TO THE ALLEGATION OF SEXUAL ABUSE allegedly occurred. Breedlove
has further undermined his
credibility by repeatedly changing
1. Undisputed Facts his story and by concealing his
role in bringing the story to light.
In March of 2005, Breedlove worked as a volunteer intern for Oregon State Given the lack of evidence and
the unreliability of the sole
Representative Kim Thatcher in her Capitol office in Salem. Breedlove was 17... witness, prosecutors conclude
In March of 2005, Adams was serving as a Portland City Commissioner. that there are significant doubts... [6]
Deleted: CRIMINAL
On March 24, 2005, Adams traveled to Salem to meet with legislators and Deleted: CONTACT WITH
to discuss transportation issues. Adams and Breedlove first crossed paths when BREEDLOVE
Adams briefly passed Representative Thatcher’s office. Although details vary, Formatted: Indent: Left:
Adams and Breedlove both acknowledge that, before Adams left the building 0", Hanging: 0.5"
Adams was provided with a card that included Breedlove’s name, phone number Deleted:
and a brief note from Breedlove. Deleted: years old and had
graduated from high school nine
Adams said he lost the card containing Breedlove’s contact information. months earlier, according to ... [7]
He called Representative Thatcher’s office on March 31, 2005, and spoke with a Deleted: with intern policy
woman who provided Breedlove’s number. Adams called Breedlove that day analyst Roland Chlapowski
and the two began communicating by cell phone and text message. Available Deleted: .
records show cell phone and text message communication through April, May, Deleted: The two made eye
June and July of 2005. (Can we detail number of calls/texts per month?) contact but did not interact that
day. Breedlove was interested ...in [8]
Deleted: somewhat,
Inserted: somewhat, Adams
and Breedlove
*****
Deleted: Recollections about
(2) “Deception” does not include falsity as to matters having no pecuniary significance, or how Adams was provided with
representations unlikely to deceive ordinary persons in the group addressed. * * * Breedlove’s contact information
... [9]
Deleted: ,
(3) In a prosecution for theft by deception, the defendant’s intention or belief that a promise
would not be performed may not be established by or inferred from the fact alone that such promise Deleted: business
was not performed. Deleted: or similar card
Deleted: .
*****
Formatted: Right: 0.25"

3
 Within a few weeks of their initial communication, Adams and Breedlove
agree that they arranged to meet for the first time over lunch at the Macaroni Grill
in downtown Portland. Neither claims to be able to recall the exact date of this Deleted: has an independent
lunch meeting, but both agree it was most likely in April of 2005. Breedlove’s age recollection of
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, about events Deleted: in Adams’ truck
during that drive. As discussed below, Breedlove alleges that he and Adams Deleted: [1]
kissed at some point during their drive while Adams denies that this occurred. Deleted: as to the
Inserted: as to the events
Breedlove said he subsequently received notice of a First Thursday event during that drive. As discussed
at City Hall and decided to attend.5 Breedlove said he contacted Adams prior to below, Breedlove alleges that he
the First Thursday event and let Adams know that he planned to attend. Neither and Adams kissed at some point
during their drive
claims to remember the month on which this event fell. Both agree that it was
Deleted: and
before Breedlove turned 18 on June 25, 2005.6 The investigation concludes that
it was most likely May 5, 2005. Inserted: and Adams denies
that this occurred.
Deleted: Adams and
Accounts of the specific events of this night vary greatly, but include a Breedlove continued to
number of undisputed elements. Breedlove said he arranged to have a friend communicate via cell phone and
give him a ride from Salem to Portland that evening. Breedlove arrived at City text message.
Hall alone and with a gift for Adams. Adams said he pulled a few staff members Deleted: [2]
into his office and told them that there was a 17-year-old at the event who was Deleted: have independent
interested in him. Adams said he asked staff members to help keep some recollection of the exact date of
this event.
distance between Adams and Breedlove during the event. Adams introduced
Breedlove to his staffers and others present. Adams also asked his staffers to Inserted: exact
attend to Breedlove during the evening. By all accounts, Adams networked the Deleted: fell
crowd during the event and did not interact significantly with Breedlove. Deleted: [3]
Breedlove remained for the entire event, which began around 5:00 p.m. and Deleted: few
typically would have ended around 8:00 p.m. Deleted: consistent
Deleted: a ride
Adams and Breedlove left City Hall together after the event and walked to
the Lotus Restaurant. Adams and Breedlove later left the restaurant when Deleted: with a friend

Breedlove’s friend arrived to pick him up. Adams and Breedlove both state there Deleted:
was no intimate physical contact between them either during or after their meal at Deleted: then
the Lotus restaurant. Deleted:
Deleted: Adams
Deleted: assist Adams by
Deleted: ing
5 First Thursday at City Hall was an event hosted by Commissioner Adams as part of his role as the Deleted: engaged in
Arts Commissioner. These events occurred in concert with Portland First Thursday art-gallery open-
Deleted: ing with the public
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 Deleted: and Adams
staffers, Adams would regularly circulate through the crowd and network with attendees. Deleted: over
6 Considering the date of their first contact by phone, their intervening lunch, and the fact that Deleted: was ready
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. Formatted: Right: 0.25"

4
 Sometime after the First Thursday event, Breedlove invited Adams to Deleted: A
Breedlove’s 18th birthday party at Breedlove’s parents’ home in Salem. Adams Deleted: Adams and
attended the party on June 25, 2005. Adams and Breedlove both state that there Breedlove continued to
communicate by phone and text
was no intimate physical contact between them during the party. message. At some point,
Deleted: , accompanied by
Adams and Breedlove continued to communicate by phone and text John Vezina (who is Vezina?)
message after the June 25, 2005 party and into July 2005. At some point, they Formatted: Highlight
scheduled a Saturday evening date at Adams’ residence, which included
Deleted: that included a movie
consensual sexual conduct. Breedlove and Adams continued to communicate rental that was watched
via cell phone and text through July 30, 2005. Cell phone and text message
Deleted: s
communication dropped off abruptly after that date. In September of 2005,
Inserted: s
Breedlove left Oregon for a job in Hawaii.
Deleted: The evening of their
date, Breedlove spent the night at
2. Disputed allegations Adams’ residence and the two
engaged in sexual activity.
a. The Drive after Lunch at Macaroni Grill Breedlove also stayed with
Adams the following night.

In his statements to DOJ investigators, Breedlove asserts that during the Deleted:

drive to the train station after lunch at the Macaroni Grill in April 2005 — when Deleted:
Breedlove was still underage — Adams stopped at a traffic light, leaned over and Deleted: After
kissed him on the lips. Breedlove said he considered it was mutual kiss and has Deleted: from the Macaroni
described it as “brief” and “romantic.” Breedlove and Adams say they parted Grill lunch
company at the train station without further physical contact. Deleted: ,
Deleted: near Pioneer Square
Adams acknowledges that he was attracted to Breedlove and considered and
the lunch to be a date based on their cell-phone and text-message exchanges Deleted: Breedlove
leading up to the lunch, which Adams described as mildly flirtatious. Adams Deleted: believed this to be a
denies any kissing or intimate physical contact with Breedlove while they were Deleted: the kiss
driving to the train station after lunch. Adams contends that he had cleared his
Deleted: At the train station,
calendar that afternoon with the hope that, if lunch went well, he and Breedlove
Deleted:
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 Deleted:
extending their lunch date and informed Breedlove that he could not be involved Deleted: between himself and
with someone under age 18. Adams claims that he was surprised that Breedlove Deleted: in the truck
did not mention his age at some point before arriving for their date. Adams Deleted: ’
claims that it is common for him to greet or leave friends with a hug or quick kiss Deleted: ’
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.

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 Formatted: Right: 0.25"

5
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 Deleted: N
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. “It just happened,” he claims. Deleted: , except to say
Deleted: i
Breedlove further asserts that, after the kiss, as he and Adams were Deleted: .
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
Deleted: n extended period of
concerned because Adams had been in the bathroom for a long time.
Deleted: asserts
Adams denies that the kiss in the restroom occurred. Adams also does Deleted: never
not recall being in the restroom at the same time as Breedlove. In September of Deleted: ’
2007, Adams publicly stated that he invited Breedlove to First Thursday at the Deleted: be
end of their lunch. Adams currently maintains that he does not remember Deleted: ’
extending a personal invitation to Breedlove, but was aware that Breedlove
Deleted: ’
planned to attend. Adams claims that Breedlove presented him with a gift that
Deleted: N
night that included a vase and a shirt. Adams indicates he did not accept the gift
and that he discussed with Breedlove that it would be inappropriate for him to Deleted: to
accept the gift because Breedlove was 17 years old and Adams could not get Deleted: the alleged kiss when
involved with someone that age. Adams reports that he accompanied Breedlove Inserted: when
to the Lotus Restaurant because, at the end of the event, Breedlove told him that Deleted: in
his friend could not pick him up for another 30 to 45 minutes. Adams claims he Deleted: Adams
did not want to leave Breedlove by himself in City Hall, but also did not think it
Deleted: ’
was a good idea to be alone with Breedlove. So Adams suggested they wait for
Deleted: was driving
Breedlove’s friend in one of the closest public restaurants. Breedlove to the train station
Inserted: was driving
3. Absence of Corroborating Witnesses Breedlove to the train station
Deleted: truck
DOJ’s investigation found no witnesses to corroborate Breedlove’s claim
Deleted: have been identified
that Adams kissed him while driving to the train station after lunch at the or have stepped forward. No
Macaroni Grill. The investigation also found no witnesses to corroborate one, other than Breedlove,
Breedlove’s claim that he and Adams kissed in the City Hall bathroom during the reports seeing Adams and
Breedlove enter or exit the
First Thursday event. bathroom together or kiss on the
night Breedlove and Adams
Breedlove asserts that an “older, white male” security guard witnessed attended the First Thursday
event. ¶
Breedlove and Adams leaving the restroom after they kissed. This witness would
not have direct knowledge of any intimate physical contact between Breedlove Inserted: on
and Adams, but such a witness might corroborate that Breedlove and Adams Deleted: exiting
were in the bathroom together, something Adams denies. Deleted: could
Deleted: .
In 2005, City Hall security guards were employed by DePaul Industries Deleted: The security guard
Securities Services. Available DePaul employees who worked at City Hall during whom Breedlove described was
the relevant time period in 2005 were contacted. None of the employees recalls not identified.
Formatted: Right: 0.25"

6
witnessing Adams and Breedlove in the restroom. With one exception, none of Deleted: and, w
the security guards interviewed said they recall hearing anything about this Inserted: and, w
incident from other guards. Deleted: W
Deleted:
One security guard — Glenn Clark — claims to have information about
Deleted: s
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, Deleted: …s ... [10]
Clark states that he and Security Officer Jacoby Demissie worked the same shift Inserted: s
during a First Thursday event sometime between January 2005 and April 2005. Deleted:
Clark reports that, about 7:30 or 8:00 p.m., Demissie came down from the Deleted: That o
second floor of City Hall and walked over to the front of the security desk where Inserted: That o
Clark sat. Clark claims that, in a flat tone, Demissie said words to the effect that
Deleted: DePaul employee
“I just saw Sam Adams having sex with this younger guy in the bathroom.” Clark ... [11]
believed Demissie was saying that Adams and the younger man were doing Deleted: He
more than kissing or making out. Clark claims he then asked if the younger guy
Deleted: ,
was underage and Demissie responded “no.” Clark did not visit the second floor
Deleted: ,…is not certain of
himself and reports that no one overheard his conversation with Demissie. He exactly what Demissie said, but
further states that he did not repeat Demissie’s remarks to anyone. he …that …had communicated ... [12]
Deleted:
Clark claims he forgot about this conversation with Demissie until he ran
Deleted: his
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 Deleted: with a young man
Willamette Week was trying to find former security guards who worked at City Deleted: . Demissie further
Hall and that the discussion triggered Clark’s memory of his conversation with states that, had he witnessed
this, it would be an incident he
Demissie four years prior. [add a physical description of Clark] would not have forgotten.
Deleted: Demissie is an
Jacoby Demissie was a DePaul Securities guard assigned to City Hall in African American male, and
2005. Demissie states that he does not recall ever seeing Adams engaged in therefore, does not match
Breedlove’s description of the
... [13]
sexual activity in the restroom or telling Clark those details Several factors
undermine Clark’s claim. Demissie contradicts it. Demissie is African American, Deleted: Based on …’s ... [14]
which does not match Breedlove’s description of the security guard as an older Inserted:
white male. Finally, Clark served as a security guard in City Hall until April 15, Deleted: an …male, and... [15]
2005, and thus was not so employed on the May 5 First Thursday event that Inserted: male, and therefore
... [16]
Breedlove most likely attended. (Footnote: First Thursday fell on April 7 in 2005. Deleted: does not fit the ... [17]
Based on interviews with Adams and Breedlove, it seems unlikely that just seven
Deleted: Moreover,
days separated the first call between the two of them on March 31, the Macaroni
Inserted: Moreover, Clark
... [18]
Grill lunch date and Thursday, April 7.)
Deleted:
Investigators attempted to find the truth by interviewing close friends and Inserted: and thus was ...
not [19]
associates to whom Breedlove might have confided in 2005. Breedlove declined Deleted: on the most likely
... [20]
to cooperate by identifying potential witnesses who could confirm that he had Deleted: Finally, Clark left
... his[21]
described these events to others at the time they occurred. Investigators Deleted: ¶
identified one close friend who was in contact with Breedlove by cell phone and
Inserted: on the most likely
... [22]
text message in April and May of 2005. Lacey Visto, who described her
relationship with Breedlove in 2005 as “close,” recalled Breedlove telling her Inserted: ¶

about meeting Adams at the Legislature. She maintains that Breedlove told her Formatted ... [23]
Formatted: Right: 0.25"

7
that his initial interest in Adams was romantic and that he wanted to move his Deleted: ¶
relationship with Adams forward at a rapid pace. She stated that Breedlove
Formatted: Indent: Left:
pursued the relationship aggressively. She recalls Breedlove indicating that 0", First line: 0.33"
Adams was hesitant due to their age difference and the fact that Adams was a Deleted: personal
public figure. Breedlove did not mention to her any sexual contact with Adams
Deleted: ¶
before Breedlove’s 18th birthday. Investigators also interview (???), who drove
Formatted: Indent: Left:
Breedlove home after the First Thursday event. ??? said Breedlove never 0", First line: 0"
mentioned the incident during the 1 hour drive from Portland to Salem.
Deleted: ¶
Deleted: ¶
4. Credibility Issues Deleted:
Deleted:
With no witnesses and no corroboration, proof of the alleged kisses rests Deleted: that day
squarely on Breedlove and his credibility as the sole witness. Deleted: in the truck stopped
at a stop light
a. Breedlove Deleted: he
Deleted: s
i. Inconsistent Statements
Inserted: s
Deleted: his
Over time, Breedlove has provided different statements about the
critical events that allegedly occurred between him and Adams. Breedlove has Deleted: s
stated that no kiss occurred on the day they had lunch at the Macaroni Grill. He Inserted: s
has stated that the only kiss that day occurred while Adams was driving him to Deleted: s
the train station. He has also said Adams kissed him when Adams dropped Deleted: ¶
Breedlove off at the train station. Formatted: Indent: First
line: 0"
Deleted: Investigators
• January 22, 2009. Breedlove provided a statement to Adams’ attempted to find the truth by
attorney Sam Kauffman and investigator Kara Beus asserting interviewing close friends and
that he and Adams engaged in no sexual contact or kissing at associates to whom Breedlove
might have confided in 2005.
any time before Breedlove’s 18th birthday. Breedlove declined to cooperate
by identifying potential witnesses
• January 24, 2009. Breedlove’s attorney, Charlie Hinkle, who could confirm that he had
described these events to others
emailed a statement to Adams’ attorneys that includes the at the time they occurred.
following statement by Breedlove: “After lunch, Sam drove me Investigators identified one close
friend who was in contact with
to the train station. When he dropped me off at the train Breedlove by cell phone and text
station, he kissed me.” message in April and May of
2005. Lacey Visto, who
described her relationship with
... [24]
• January 24, 2009. Breedlove asserted in an interview with The
Oregonian that on the day of their lunch, Adams leaned over Inserted:
and kissed Breedlove on the lips while stopped at a traffic light Inserted: by identifying ... [25]
near Pioneer Square. Inserted:
Inserted: to her
Deleted: his
Deleted: Breedlove’s 18th
... [26]
ii. Breedlove’s Active Role in Generating
Inserted: Breedlove’s
Media Attention
Formatted: Right: 0.25"

8
 Other credibility issues are raised by Breedlove’s behind-the- Formatted: Font: Not
Italic
scenes role in causing the story to come to finally come to light. Since
returning to Oregon in the fall of 2007, Breedlove quietly prompted
reporters for the Portland Mercury and Willamette Week to pursue the Formatted: Font: Not
Italic
story. He was also the source of the early January anonymous email that
urged reporters from multiple news organizations to look into the
relationship between Adams and Breedlove. While it could be argued that
Breedlove’s motives were to uncover Adams’ lies, his subsequent media
appearances – including the partially clothed appearance in Unzipped
magazine – also suggest a young man who is enjoying the media attention
and could be adding false details in order to stoke the controversy. Formatted: Font: Not
Italic

(Then I’d put this section in an addendum if we still want it)It Deleted: (Tony Note: do we
appears that Breedlove quietly orchestrated a behind-the-scenes resurgence of need this section? I don’t see
how his efforts to shed light on
this story after he moved to Portland from Michigan in November 2007, fueling the story undermine his
the story through January 2009. Although there may be legitimate reasons for credibility. It’s just as likely he
Breedlove bringing the story to light at that time, it is likely that a jury would view felt guilty about lying a year
earlier and was determined to
the timing of the disclosures as an additional reason to doubt Breedlove’s try and bring the truth to light –
credibility. This view is bolstered by the fact that — in statements to Adams and even if he handled it clumsily)¶
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: .
Deleted:
• November 2007. Breedlove moved to Portland from Michigan and Deleted: Despite this,
arranged to meet with The Mercury reporter Amy Ruiz at the Deleted: ,
Pioneer Square Starbucks. Breedlove did not show up for the Deleted:
meeting.
Deleted: in person

• 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 Deleted: in person
be kept confidential.

• January 2, 2008. Breedlove met Ruiz at the Higgins restaurant. He Deleted: That night,
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
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 Formatted: Right: 0.25"

9
 Breedlove’s story, including those whose names and contact
information were provided by Breedlove.

• 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.

• 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 Deleted: i
one that he not be quoted for publication. Deleted: Willamette Week
reporters began interviewing
people who knew Breedlove in
• January 9, 2009. Breedlove called Ruiz to make sure she had not 2005.
spoken with Adams about what Breedlove had told her or about the
Deleted: he
fact that Breedlove was her anonymous source.
Deleted: he

• 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.

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

• 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, Formatted: Highlight
considering our valuable friendship.”

• January 20, 2009. Breedlove sent the following text message to

Adams: “I support you Sam. I am sorry this happened.”

• 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.

• 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, Formatted: Right: 0.25"

10
 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.”

• 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 Deleted: is an

Formatted: Font: Bold
Adams has admitted that he lied about the nature of his relationship with Deleted: ted
Beau Breedlove, both publicly and privately. According to Adams, these lies Deleted: liar
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.

Adams has admitted that his description of his relationship with Deleted: Because
Breedlove in 2007 and 2008 was predicated on a lie and that he made a number Deleted: , Adams has
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 Formatted: Font: Bold
investigation. Deleted: s
Formatted: Right: 0.25"

11
 Adams publicly claimed to be cooperating with this investigation, but his
legal team in fact dragged their collective feet throughout. DOJ first requested
access to Adams’ computer and phone records on January 29, but it was not
until April 6 that everything was finally turned over. Throughout the first three
months of the investigations, Adams’ legal team repeatedly delayed access to
computer and phone equipment.

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

On February 9th, Kauffman requested a two-day extension. The response Deleted:

letter was received on February 12th and indicated that Adams would produce his Formatted: Right: 0.25"

12
 Deleted: s
Inserted: s
Deleted: s
Inserted: s
Formatted ... [27]
two personal computers and his PDA/cell phone, in addition to providing user th
names and passwords for Adams’ email and social networking accounts. Deleted: 17 – 25
Deleted: s
Nelson arranged to pick up Adams’ personal computers and his PDA from Inserted: s
Garvey Schubert Barer on February 17th—25 days after DOJ’s initial request. Deleted: s
Deleted: s
Forensic examination of Adams’ PDA revealed a missing memory card.
Deleted: s
On February 18th, Maddux contacted Kauffman to inform him of the missing
Inserted: s
memory card and to request any and all memory cards used with Adams’ PDA
since April 2005. Deleted: his
Deleted: ¶
On February 23rd, Kauffman reported to Maddux that “while we can confirm Formatted ... [28]
that the Mayor sometimes used the memory card slot on the PDA, there is no Deleted: s
particular memory card that goes with the PDA.” Maddux reiterated DOJ’s Inserted: s
request for any and all memory cards used with Adams’ PDA during the relevant
Deleted: s
time period.
Inserted: s
nd Both Adams
On April 2 , in response to a number of outstanding questions related to Deleted: ... [29]
Adams’ electronic data sources, Kauffman indicated that Adams had consented Inserted: hampering the... [30]
to production of two PDA memory cards that were previously in Adams’ Deleted: throwing up ... [31]
possession and were now in the possession of Garvey Schubert Barer. Deleted: .
Inserted:
Nelson arranged to pick up the memory cards on April 6th.
Deleted: his

Adams’ delay in complying with requests for electronic data in the course Deleted: Breedlove’s 1
of this investigation raises additional questions. While this investigation was Formatted ... [32]
requesting access to Adams’ equipment and pushing for full cooperation but not Inserted: as to their reports
... [33]
receiving such cooperation, Adams was asserting, to the press and to city staff, Inserted:
that he intended to fully comply with this investigation. Deleted: After
Deleted: lawyers were ... [34]
Conclusion
Deleted: Then while admitting
... [35]
th Inserted: Then while
Adams has every motive to lie about kissing Breedlove before his 18
birthday. But a prosecutor would bear the burden to prove beyond a reasonable Deleted: his
doubt that Breedlove’s account is true. That burden could not be met under the Deleted: Adams’
circumstances of this matter. Breedlove’s account of the two incidents of kissing Inserted: Adams’s
before his 18th birthday is less than credible. He appears to have told no one at Deleted: s
the time of the events and he willingly agreed to lie at Adams’ request. When
Inserted: Breedlove’s
Breedlove did finally raise the incidents more than two years later, he changed
Deleted: . B
his story repeatedly. As a result, we conclude that there is not sufficient credible
evidence to justify criminal prosecution. Inserted:
Deleted:
B. FACTS RELATED TO POTENTIAL OFFICIAL MISCONDUCT CHARGES Deleted: the burden of proof
... is[36]
STEMMING FROM THE HIRING OF AMY RUIZ Deleted: ….… H…s ... [37]
Inserted: s
Deleted: .
Deleted: ALLEGATION OF
13 Deleted: A January 19, 2009
... [38]
Deleted: [4]
Deleted: . ¶ ... [39]
Formatted ... [40]
 Amy Ruiz was employed by the Portland Mercury in the fall of 2007 when Deleted: her. She reports
Breedlove first contacted her. Over the next few months, Ruiz met with that she could not find any
Breedlove and attempted to find corroborating evidence to support his claims. 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 Inserted:
and Adams kissing in a City Hall men’s restroom. It included a reference to a Deleted:
security guard who might have information. Ruiz recalls showing the email to Deleted: the
Adams, who said: “whoever wrote this believes it.” Adams claims he denied the Deleted: , and
allegations. In consultation with her editor, Ruiz said she later dropped her Deleted: . According to Ruiz,
pursuit of the story because she could not find anyone to confirm Breedlove’s Adams’ response was,
allegations. Deleted: stopped
Deleted: after confronting
Ruiz states that she noticed the Planning and Sustainability Advisor Adams and the Mercury declined
position posted on the web at “CommissionerSam.com” on or about October 27, to print a story based on
Breedlove’s uncorroborated
2008. After she saw the opening, she provided her resume to Adams’ Chief of allegations.¶
Staff Tom Miller. Eventually, Lisa Libby called and asked her to come in for an
Deleted: s
interview. On December 22nd, Ruiz received a call requesting that she return for
a final interview and was offered the job. Ruiz asserts that she never had any Deleted: ,

contact with Adams during the hiring process and that no one raised the Inserted: ,
Breedlove story. Deleted: her
Deleted: She
Libby and Miller give similar accounts. Libby served as the Senior Policy Deleted: issues regarding the
Director for Commissioner Adams at the time and said she was responsible for Breedlove story she explored
posting the job. She reviewed between 35 and 40 applications and selected 10 earlier in 2008 were never raised.
individuals for interviews. Ruiz was one of the individuals contacted. Deleted: Adams’ staffer Lisa
Deleted: Chief of Staff Tom
Before the final interviews, Libby suggested to Miller that existing city Deleted: relay
planner Radcliffe Dacanay might be a good fit for the new bureau. Dacanay had Deleted: of the hiring of Ruiz
not applied for the position. Miller reports that he and Libby approached
Deleted:
Dacanay about the position of Policy Advisor in the new bureau and that
Inserted:
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. Deleted: Lisa
Deleted: currently serves as
Libby claims that based on first-round interviews, she narrowed the pool the Planning and Sustainability
Director for the Portland Mayor’s
down to three applicants and asked Adams Chief of Staff Tom Miller to sit in on office and began in this position
the second interview. Miller advised that when he became the Chief of Staff for in January of 2009. Prior to this
Mayor Adams, he and Adams agreed that Miller would have control over the position, she
hiring and firing of personnel. This is confirmed by Adams and other staffers. Deleted: . Libby claims
After the final interviews, Libby and Miller agreed that Ruiz was the top candidate Deleted: After the initial
for the position. Libby and Miller confirm that Ruiz’s work on the Breedlove story process, there was a change in
the position as two internal
was never discussed during the hiring process. offices merged, which caused her[41]
...
Deleted: At some point prior to
Libby claims that immediately after the second interview of Ruiz, Miller
Deleted: 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 Deleted: s
Miller nor Adams recall if Adams was actually consulted for approval before the Inserted: s
Formatted: Right: 0.25"

14
position was offered to Ruiz. According to Libby, Miller reported to her that Deleted: Libby
Adams was fine with their choice. Ruiz was offered and accepted her current
position.

Conclusion

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

C. ALLEGATION OF OFFICIAL MISCONDUCT OR THEFT BY DECEPTION Deleted: Part 3: Lying¶

BASED ON ADAMS’S LIES ABOUT THE NATURE OF HIS RELATIONSHIP ¶
This is where we discuss whether
WITH BREEDLOVE or not there’s evidence that
Adams instructed city staff to lie
None of the persons interviewed reported being asked to do or say on his behalf on city time.¶
anything on city time or in any capacity with regards to Adams’s denials about his Formatted: Highlight
relationship with Breedlove. In the fall of 2007, Adams handled his press by Deleted: Because Adams has
himself. His denial of the rumors prompted by comments from Ball was posted admitted to lying about the nature
of his relationship with Breedlove,
on a web site that Adams hosted himself without the use of city resources. When we investigated the possibility
the story first broke, Adams granted interviews to reporters who arrived at City that those lies by a public official
Hall, but did not take proactive steps or other efforts to mobilize city resources or and during the period when
Adams was campaigning for
staff to dispute Ball’s story. In January 2009, the only press interaction that mayor could have violated
involved city staff occurred on January 15. A Willamette Week reporter and statutory prohibitions against
editor asked to talk directly with Adams that day and the discussion occurred official misconduct or theft by
deception.¶
after regular work hours in Adams’s office. Amy Ruiz and then-Spokesman ¶
Wade Nkrumah asked to be present; Adams did not direct them to be present.
Ruiz was aware, based on a conversation she had with reporter Nigel Jaquiss
earlier that day that her hiring and her qualifications for her position were partly at
issue.

No one involved in the campaign recalled any campaign materials or

contribution requests that included or mentioned Adams’s denials of a sexual
relationship with Breedlove. There are no references to Breedlove or the rumors
surrounding the relationship in any campaign or fundraising materials we
reviewed. Campaign staff consistently stated that the Breedlove story was a
non-issue by the time the mayoral campaign pushed forward.

Conclusion Formatted: Centered

Based on this information, there is no evidence that Adams improperly

used city resources to further the lies he told about his relationship with
Breedlove or sought campaign contributions based on those lies.

Formatted: Right: 0.25"

15
 SCOPE OF INVESTIGATION Deleted: [5]
Deleted: 2
A. INTERVIEWS Deleted: th

Deleted: 3
During this investigation, the following persons were interviewed on the dates th
Deleted:
indicated in 2009:7
Deleted: 4
1. Sam Adams – May 28 (Portland Mayor)
th
2. Mario Aguilar - March 16 (Friend of Beau Breedlove) Deleted: a…nd…th ... [42]
3. Jane Ames – February 11, February 19 and June 10 (Adams staff) Deleted: 5
4. Robert Ball – February 4 (Real estate developer) Deleted:
th

5. Jesse Beason – February 12, February 19, and June 11 (Previous Deleted: 6
Adams staff) Deleted:
th
and …
th
... [43]
6. Pollyanne Birge – February 17 and June 12 (City of Portland staff)
Deleted: 7
7. Beau Breedlove – February 23, March 26, April 14, May 1 and June th
Deleted:
10
8. Kate Brown – April 20 (Secretary of State) Deleted: 8
rd th th st
9. Roland Chlapowski – February 12, February 19 and March 18 Deleted: … … …and ...
… [44]
(Adams staff) Formatted: Indent: Left:
10. Catherine Ciarlo – February 12 and June 12 (Adams staff) 0.67", Hanging: 0.33"
11. Glenn Clark – March 18 (DePaul Industries Security Guard) Deleted: 9
12. Radcliffe Dacanay – April 8 (City of Portland Planning Bureau) Deleted:
th

13. Jacoby Demissie – March 20 (Previous DePaul Industries Security Deleted: ¶

Guard) … ... [45]
14. Carol Duong – February 11 and April 9 (Adams staff) Deleted:
th th
… …
th
... [46]
15. Cevero Gonzales – February 12, May 4, May 18 and June 12 Deleted: th

(Adams staff) Deleted: th

16. David Gonzales – February 25 (Previous Adams staff) th

Deleted:
17. James Graham – March 11 (Former DePaul Industries Security th
Guard) Deleted:
th
18. Warren Jimenez – March 12 and March 17 (Adams staff) Deleted: …th ... [47]
19. Gordon Johnston – February 27 (Previous Adams volunteer) Deleted:
th th
… and …
th
... [48]
20. Vera Katz – March 11 (Previous Portland Mayor) Deleted:
th

21. Robert Kieta – March 6 (City of Portland staff) Deleted: th

22. Ty Kovatch – March 12 (Chief of Staff for Commissioner Randy th th

Deleted: … ... [49]
Leonard) th
Deleted:
23. Jason Landon – March 23 (DePaul Industries Security Guard) th
24. Alacia Lauer – April 9 (Adams staff) Deleted:
th
25. Randy Leonard – March 12 (Portland City Commissioner) Deleted:
26. Lisa Libby – February 11, May 27 and June 12 (Adams staff) Deleted:
th

27. Maria Lim – February 11 (City of Portland staff; previous Adams Deleted:
rd

staff) Deleted: th

th
Deleted:
th th
Deleted: and … ... [50]
7 Mark Merkle, an ex-boyfriend of Beau Breedlove, refused to be interviewed as part of this th
Deleted:
investigation.
Formatted: Right: 0.25"

16
 28. Richard Lloyd-Jones – June 11 (C & E Systems)
29. Thomas Miller – March 4 and June 10 (Chief of Staff for Mayor Deleted: 8…th ... [51]
Sam Adams)
th
30. Scott Moore – January 27 (Former Mercury newspaper reporter) Deleted: 29… ... [52]
31. Warren Newberry – February 11 (Adams staff) Deleted: 0…
th
... [53]
32. Wade Nkrumah – February 5 (Previous Adams staff) Deleted: 1…th ... [54]
33. Arissa Oliveros – February 27 (Former DePaul Industries Security Deleted: 2…th ... [55]
Guard)
th
34. Shoshannah Oppenheim – February 17 and June 15 (Adams staff) Deleted: 3… ... [56]
35. Paul Peterson – February 11 (Adams staff) Deleted: 4…
th
... [57]
36. Megan Ponder – June 11 (Adams staff)
th rd
37. Amy Ruiz – February 17, February 23 and June 11 (Adams staff; Deleted: 5… and … ... [58]
former Mercury newspaper reporter)
38. Obadiah Rutledge – January 27 and April 8 (Administrative Deleted: 6…th…th ... [59]
Specialist/Reading Clerk, Oregon House of Representatives)
39. Kimberly Schneider – February 11 (Adams staff) Deleted: 7…th ... [60]
40. Kathryn Skorniak – February 13 (Friend of Beau Breedlove) Deleted: 38…
th
... [61]
41. Sierra Stringfield – April 13, April 24 and June 12 (Adams staff) th th
Deleted: 39… and … ... [62]
42. Maria Thai Mai – February 27 and June 15 (Former Adams staff) Deleted: 0…th ... [63]
43. Kim Thatcher – February 3 (Oregon State Representative) rd
Deleted: 1… ... [64]
44. Robert Tybie – March 5 (Former DePaul Industries Security Guard) th
45. Grace Uwagbae – February 11 and April 8 (Adams staff) Deleted: 2… ... [65]
46. John Vezina – February 18 (Friend of Adams in 2005) Deleted: 3…th…th ... [66]
47. Lacey Visto – May 28 (Friend of Breedlove in 2005) Deleted: 4…
th
... [67]
48. Adam Villarreal – April 6 and April 20 (Friend of Beau Breedlove) Deleted: 5…
th
... [68]
49. Mark Weiner – January 29, April 6 and June 11 (Political Deleted: 6…th…th ... [69]
Consultant to Adams) Deleted: 7…th and …th ... [70]
50. Davis Wilson – March 31 (Former day porter at Portland City Hall) st
Deleted: 48… ... [71]
51. Jennifer Yocum – February 11 and June 10 (Adams staff) th
Deleted: 49… ... [72]
B. DIGITIAL, ELECTRONIC AND TRADITIONAL INFORMATION REVIEW Deleted: ¶

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) Formatted: Highlight
• 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)
Formatted: Right: 0.25"
• Campaign brochures, emails, letters and 30-second television ad

17
 Deleted: They were provided
A Blackberry Pearl cell phone used by Breedlove was examined. to this investigation by Adams’
legal counsel on the dates
Breedlove voluntarily provided his phone to our investigators on March 26, 2009. specified below.[if we are going
Text messages from January 22, 2009 – March 5, 2009 were recovered. to say this we need to list all the
dates for each item]
The following computers, cell phone and memory cards used by Adams Inserted: [if we are going to
say this we need to list all the
were examined. dates for each item]
• Office laptop Formatted: Highlight
• Home computer
Deleted: End of report¶
• Personal laptop ¶
• Sprint cell phone Beau Breedlove has alleged, in the
course of this investigation and
• Text messages from January 21, 2009 – January 28, 2009 were publicly in various interviews, that
recovered. he and Sam Adams kissed on two
• Two SIM/memory cards linked Adams’ cell phone 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... [73]
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"

18
 Page 1: [1] Deleted tg1 6/17/2009 9:46 AM
conduct in connection with his relationship to Beau Breedlove.
Page 1: [2] Deleted tg1 6/17/2009 9:46 AM
, states:

“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.”
Page 1: [3] Inserted Mary Williams 6/16/2009 10:43 AM
the Attorney General and the
Page 1: [4] Deleted Mary Williams 6/16/2009 10:45 AM
Based on the facts gathered by this investigation, t
Page 1: [5] Deleted kd2 6/16/2009 12:49 PM
violate ORS 163.4151 by
Page 3: [6] Deleted Mary Williams 6/16/2009 10:51 AM

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

1 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.
lying about his relationship with Breedlove when the story first emerged publicly
in 2007. (This part is not done)

Page 3: [7] Deleted tg1 6/17/2009 9:52 AM

years old and had graduated from high school nine months earlier, according to
Sprague High School records
Page 3: [8] Deleted tg1 6/17/2009 9:55 AM
The two made eye contact but did not interact that day. Breedlove was
interested in meeting Adams.
Page 3: [9] Deleted Mary Williams 6/16/2009 10:55 AM
Recollections about how Adams was provided with Breedlove’s contact
information differ, but
Page 7: [10] Deleted tg1 6/17/2009 10:12 AM

Page 7: [10] Deleted tg1 6/17/2009 10:12 AM

s
Page 7: [11] Deleted Mary Williams 6/16/2009 11:14 AM
DePaul employee
Page 7: [11] Deleted Mary Williams 6/16/2009 11:15 AM

Page 7: [12] Deleted Mary Williams 6/16/2009 11:15 AM

,
Page 7: [12] Deleted Mary Williams 6/16/2009 11:15 AM
is not certain of exactly what Demissie said, but he
Page 7: [12] Deleted Mary Williams 6/16/2009 11:15 AM
that
Page 7: [12] Deleted Mary Williams 6/16/2009 11:16 AM
had communicated
Page 7: [13] Deleted Mary Williams 6/16/2009 11:16 AM
Demissie is an African American male, and therefore, does not match
Breedlove’s description of the security guard as a white male.

Page 7: [14] Deleted tg1 6/17/2009 10:14 AM

Based on
Page 7: [14] Deleted tg1 6/17/2009 10:14 AM
’s statement, Clark’s account does not appear credible. Furthermore,
Page 7: [15] Deleted tg1 6/17/2009 10:15 AM
an
Page 7: [15] Deleted tg1 6/17/2009 10:15 AM
male, and therefore
Page 7: [16] Inserted Mary Williams 6/16/2009 11:17 AM
male, and therefore does not match Breedlove’s description of the security guard
as a
Page 7: [17] Deleted Mary Williams 6/16/2009 11:17 AM
does not fit the physical description of the security guard that Breedlove claims
walked into the bathroom
Page 7: [18] Inserted kd2 6/16/2009 2:56 PM
Moreover, Clark served as a security guard in City Hall until April 15, 2005
Page 7: [19] Inserted kd2 6/16/2009 2:56 PM
and thus was not so employed
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on the most likely date of the alleged First Thursday event.
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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.
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on the most likely date of the alleged First Thursday event.
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Indent: First line: 0.33"
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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
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by identifying potential witnesses who could confirm that he had described these
events to others at the time they occurred
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Breedlove’s 18th birthday.
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Superscript
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Indent: First line: 0"
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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.
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hampering the investigation
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throwing up roadblocks
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Indent: First line: 0.5"
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as to their reports of the events that are the subject of this investigation
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lawyers were hampering the investigation
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Then while admitting the relationship and explaining to the media that he
was fully cooperating with the investigation,
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the burden of proof is Breedlove’s to meet. And in virtually every sense,
Breedlove does not meet it.
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or three
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.
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H
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s
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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[4].

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.

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Right: 0.25"
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After the initial process, there was a change in the position as two internal offices
merged, which caused her to re-examine the applications for the position of
Policy Advisor. When she finally made calls for interviews,
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a
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th
and
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and
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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.