On January 21, 2009, Multnomah County District Attorney and Portland Police Chief
Rosanne Sizer requested that the Oregon Department of Justice (DOJ) conduct an impartial
investigation into the facts surrounding the reported relationship between Portland Mayor Sam
Adams and Beau Breedlove 1. Our inquiry is limited to determining whether there has been a
violation of the criminal laws of the State of Oregon.
SCOPE OF INVESTIGATION
During this investigation, the following persons were interviewed on the dates indicated:
1
Exhibit 1
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Criminal Investigatory Material/Internal Communication
• Detail of public records received from Portland City Offices on specified dates and
including (whatever – provided by )
• Adams phone records (from city or attorneys or via subpoena)
• City archived emails for Sam Adams (dates)
• Sam Adams personal gmail account (dates of records)
• Adams city calendar provided by City Attorney (dates of available records)
A Blackberry Pearl cell phone used by Beau Breedlove was examined. Breedlove
voluntarily provided that phone to our investigators on March 26, 2009. Our investigators
requested access to Mr. Breedlove’s phone earlier – when did we first ask for this.
The following computers and a cell phone used by Sam Adams were examined:
• Office laptop
• Home computer
• Personal laptop
• Sprint cell phone
• Two SIM cards
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Criminal Investigatory Material/Internal Communication
On Thursday, January 23rd, DOJ Criminal Division Chief Counsel Steven Briggs spoke
with Adams attorney, Robert Weaver. Briggs requested immediate access to Adams computers
and cell phones. They 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 DOJ work with
his partner, Sam Kauffman, in his absence the following week.
On Monday, January 26th, 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 their firm, Garvey Schubert Barer.
On Wednesday, January 28th, Maddux and Nelson traveled to the Portland law offices of
Garvey Schubert Barer to meet with Kauffman. Maddux provided Kauffman with DOJ consent
to examine forms earlier that day. Maddux and Nelson planned to leave Kauffman’s office with
Adams’ computers, cell phone and signed 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 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. (Rpt 1)
During the meeting, Kauffman offered to provide a letter to the City of Portland (City) to
allow for release of Adams’ city equipment and information to DOJ 2. That letter was provided
to the city on Monday, February 2nd . That same day, the City provided Nelson with one disk of
Adams’ archived emails.
On February 3rd, Maddux sent Kauffman a letter reiterating DOJ’s request for consent to
review Adam’s personal computers, phone and electronic accounts 3. DOJ requested a written
response no later than February 9th. On Friday, February 6th, Weaver discussed issues related to
the disclosure Adams’ electronic data with Attorney General Kroger and Maddux via phone. On
February 9th, Kauffman requested a two day extension on their response. 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.
2
Exhibit 2
3
Exhibit 3
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Criminal Investigatory Material/Internal Communication
Nelson arranged to pick up Adams’ personal computers and his PDA from Garvey
Schubert Barer on February 17th – 27 days after the initiation of the investigation.
According to Breedlove, one text message recovered from Adams’ phone was sent for the
purpose of covering up a discussion between Breedlove and Adams about kissing activity prior
to Breedlove’s 18th birthday. Breedlove contends that during one of his interviews with Adams’
attorney (Sam Kauffman) and a Garvey Schubert Barer investigator, Breedlove was asked about
sexual activity with Adams prior to Breedlove’s 18th birthday. Breedlove claims he took a break
because he couldn’t remember discussing the kissing incidents with Adams. Breedlove claims
he called Adams, and that Adams told him that kissing was not considered sexual activity in
Oregon. Breedlove claims that Adams stated that his lawyers didn’t need to know about the
kissing incidents. Breedlove states that he disagreed and planned to tell Adams’ lawyer. At one
point in this investigation, Breedlove reported to DOJ investigators that he did report the kissing
incident to Adams’ attorney. Later in the investigation, Breedlove indicated to DOJ investigators
that he didn’t recall whether he told Adams’ attorney about the kissing or not. Breedlove states
that he was provided with a transcript of his interview with Adams’ defense counsel. He agreed
to share a copy of his transcript with DOJ investigators, but has not provided that record.
Text messages between Breedlove and Adams during Breedlove’s two interviews with
Adams’ attorney strongly suggest that Adams and Breedlove discussed critical details off-line:
BB to SA: They just left. We talked, I told them everything in complete honesty and detail as I
remember it and felt it. There is one detail though that I didn’t divulge and have
been wanting to talk about.
SA to BB: Sorry I slept in …
BB to SA: No worries, you need it.
BB to SA: Is it safe to text something to you?
SA to BB: I just tried calling you.
BB to SA: I am on the other line. 1 second.
BB to SA: I am with Sam and Kara right now. Ill call shortly.
SA to BB: Ok. Cool.
SA to BB: Please let Beau know that his communications will come to light.
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SA to BB: Thanks for calling me: yes, tell them about the two loans I made to you for a total of
$750. Tell ‘em the whole truth. Sam
This last text is the only text, out of the ___ text messages recovered from Adams’
phone, where Adams signs off with his name in any form.
SYNOPSIS OF INVESTIGATION
Question #1: Did Adams and Breedlove have criminal sexual contact when Breedlove was 17?
Statute of Limitations Issue: Assuming Breedlove’s account of the two kisses is true and could
be proved BRD as sexual contact – the potential criminal charge would be Sex Abuse III (ORS
163.415), a Class A Misdemeanor. Given the facts of this case, the statute of limitations on this
count expires on June 25, 2009 – four years after Breedlove’s 18th birthday (ORS 131.125 (3)).
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he “ribbed” Adams about being pursued by a younger guy. Chlapowski stated that he assumed
Breedlove was a college student at the time and over the age of 18.
David Gonzales, scheduler for Adams from January 2004 to July 2006, recalls Adams
and Chlapowski returning from Salem and Chlapowski telling Gonzales that a young man had
followed Adams and Chlapowski around the Capitol. Gonzales further believes that Chlapowski
had the young man’s contact information, possibly in the form of a business card. A written
statement found on Adams’ city laptop corroborates this account.4
During the course of this investigation, we have been unable to identify or locate any
additional witnesses to Adams and Breedlove’s initial interactions.
Breedlove stated that Obadiah Rutledge contacted him soon after that first encounter to
let Breedlove know that Adams had lost Breedlove’s number. Rutledge is a friend of
Breedlove’s who worked as an administrative specialist/reading clerk with the Oregon House of
Representatives in 2005. Breedlove recalled Rutledge stating that Adams had asked Rutledge for
Breedlove’s cell phone number and that Rutledge provided Breedlove’s number to Adams.
Rutledge stated that he has never been contacted by Adams or by anyone representing
Adams for any reason and did not provide Breedlove’s number to Adams. Rutledge stated that
Breedlove told him about meeting Adams. Rutledge recalled that as time passed, the relationship
between Breedlove and Adams became sexual. Rutledge could not confirm how old Breedlove
was at the time Breedlove told him about sexual relations with Adams, but Rutledge believed it
may have been after Breedlove left his internship. According to Rep. Thatcher’s office,
Breedlove completed his volunteer internship at the close of the 2005 session, which occurred on
August 6, 2005.
Breedlove does not recall who initiated communication by phone, but reports that he and
Adams began communicating by text message and phone. Adams’ phone records show regular
calls and texts to Breedlove’s number beginning on March 31, 2005. Breeedlove’s phone
records for this time are unavailable. Breedlove stated that their conversations involved basic
issues related to Adams’ career and profession. Breedlove shared his interest in arts with Adams
and advised that he wanted to forward his career as a pianist. Breedlove reports that, at that time,
their conversations were not romantic in nature.
4
A document from Adams city computer, dated January 24, 2009 and entitled “Q&A.doc”
includes the following: “I adventurlly (sic) dated Bueau (sic) Breedlove in summer of 2005
because he gave me a card and then asked me to lunch.” (Rpt 2)
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David Gonzales, scheduler for Adams from January 2004 to July 2006, remembers
Breedlove calling and scheduling a time to meet with Adams.5 Gonzales does not recall any
additional details regarding the appointment.
Breedlove claims that he and Adams eventually made plans to meet over lunch in
Portland. Breedlove does not recall the date of that lunch meeting, but reports that he paid to
take the train from Salem to Portland. Breedlove did not have a driver’s license at that time.
Once in Portland, Breedlove took a taxi from the train station to the Macaroni Grill, where
Adams was waiting. Breedlove states that he and Adams did not discuss their relationship or
anything of a romantic nature over lunch. Breedlove states that he and Adams discussed
Breedlove’s age at lunch and that Adams seemed surprised that Breedlove was 17. Breedlove
stated that no one else joined them for lunch and that he did not have any alcohol at lunch
because he did not drink at that age. Adams paid for lunch, but Breedlove does not recall if
Adams paid with cash or with a card.
According to Breedlove, Adams drove Breedlove back to the station in his white truck.
Breedlove recalls that during the drive, Adams stopped at a traffic light near Pioneer Square and
leaned over and kissed Breedlove on the lips. Breedlove believed this to be a mutual kiss. At
the train station, Breedlove and Adams parted company without further discussion.
Breedlove reports that he and Adams continued to communicate by text message and by
phone. At some point, Breedlove recalls that Adams invited him to attend the next First
Thursday event at Portland City Hall. Breedlove does not recall when Adams extended this
invitation.
Breedlove, and the majority of individuals interviewed who attended this event, recall
Breedlove attending the June 2005 First Thursday event. Based on available records, it is
unlikely that Breedlove attended the June event. The June 2005 First Thursday event fell on
June 2nd. According to Adams’ calendar, he left Portland for vacation in New York City on May
27th and returned on June 4th. Adams’ phone records reflect no calls or text messages to
Breedlove during this time period, but do show a text to Breedlove approximately 25 minutes
after Adams’ scheduled landing time in Portland.
The April 2005 First Thursday event fell on April 7th – exactly two weeks after Adams
and Breedlove initially crossed paths in Salem and exactly one week after Adams’ first
documented text to Breedlove. Given the proximity in time to their initial meeting and
Breedlove’s recollection that he and Adams met for lunch before Breedlove attended the First
Thursday event, it is probable that Breedlove actually attended the May 5th event at City Hall.
Adams’ phone records support this conclusion, showing the following call pattern (are we sure
on times?):
5
Corroborated by the same document and sentence referenced above.
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(Adams has an event on his calendar for May 5 at 7:00 – any chance we went to that or maybe
skipped it – only thing the detracts from the conclusion that May was the FT date; event was for
P:ear – we should call and see if their annual fundraiser that year was on May 5 (May 2 this year)
and if anyone recalls Sam attending
There is no way to confirm which night Breedlove attended First Thursday based on city
records, as Portland City Hall does not maintain a visitor log.
According to Breedlove, the person he was dating at the time drove him to Portland and
dropped him off at City Hall the night of the First Thursday event.6 When he arrived and met
Adams, he and Adams went into Adams’ office. Adams accepted a gift of cookies which
Breedlove had baked for Adams. Breedlove reports that they were alone in Adams office at this
time and no romantic exchange occurred.
Breedlove did not know anyone at the event, and recalls Adams introducing him to a
number of staff members and Adams mother. Breedlove invited Adams to his 18th birthday
during the event, but had no other significant exchange or interaction with Adams. Breedlove
does not recall anyone asking to see his identification or making an issue of his age. Breedlove
asserts he does not recall alcohol being served at this event, because at the time he did not drink.
A number of Adams’ staff, and some City Hall staff, recall seeing Beau Breedlove at the
First Thursday event in 2005. The specific recollections of each staff member vary, but some
accounts are consistent.
Breedlove did attend the event at the invitation of Sam Adams. A number of staffers
recall being told that Sam Adams would have a guest at the event that night and believed that
Breedlove attended for professional networking. Some believe they were made aware in
advance that Breedlove was 17. Most who were not made aware in advance commented that
they were surprised to learn Breedlove’s actual age. Those who met him believed he was 19 or
older based on his appearance and the fact that he worked at the legislature.
Roland Chlapowski claims that both he and Adams first learned that Breedlove was 17 at
the First Thursday event. Chlapowski asserts he overheard a discussion between Adams and
Breedlove, and specifically recalls hearing Adams say “No – I don’t believe it. Show me your
license!” This caught Chlapowski’s attention and he observed Breedlove take his license out of
his wallet and present it to Adams.
6
Breedlove has refused to identify this person.
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According to Tom Miller, Chief of Staff to Commissioner and Mayor Adams, shortly
after the event began, Adams pulled a few staff members together behind closed doors in his
office. Adams reported that there was a young man at the event who liked Adams in an
“intimate” way, and acknowledged that he believed the young man was 17 years old. Adams
asked the staff members to assist him by keeping distance between he and Breedlove during the
event. Chlapowski recalls the same closed-door conversation. Miller does not know when
Adams learned that Breedlove was 17, but believed from Adams’ comments that he knew
Breedlove’s age prior to the First Thursday event.
Gordon Johnston, a volunteer citizen advocate for Commissioner Adams, recalls Adams
asking him to keep Breedlove occupied until Adams and Breedlove left the event. Johnston
spoke with Breedlove and believed that he was “reluctant and evasive” during the conversation.
Nearly all staff members commented that Breedlove appeared to have a “crush” on
Adams. Some described Breedlove as being clearly “infatuated” or “smitten.” Staffers also
report that Adams appeared flattered by Breedlove’s interest.
No one recalled seeing Breedlove with alcohol at the event, and staffers report that
beverage servers regularly checked for identification.
Bathroom Incident
According to Breedlove, he and Adams stayed a few hours after the event closed. Most
of the public had left the building and there may have been a few staffers cleaning up. Breedlove
asserts that he and Adams entered the second floor men’s bathroom together. After using the
restroom, he claims that they embraced each other in a long mutual kiss. He describes the kiss as
“passionate” and “making out” and asserts that “nothing inappropriate occurred.” He could not
describe who initiated the contact, except to say that “it just happened.” He would not elaborate
further.
None of the staffers present that night report seeing Adams or Breedlove enter the men’s
bathroom together. Many commented that they found Breedlove’s allegation that he and Adams
kissed in the bathroom unusual, because there would be little expectation of privacy in that
bathroom because of its central and accessible location.
Breedlove claims that as he and Adams left the restroom, a uniformed security guard
entered. He states that the security guard said he saw Adams enter the restroom and was
concerned because Adams remained in the restroom for an extended period of time. Breedlove
did not know the name of the security guard, but described him as an older man (did he say white
guy – not in report).
In 2005, City Hall security guards were employees of DePaul Industries Securities
Services. As part of this investigation, we contacted DePaul employees who worked at City Hall
during the June 2005 First Thursday event (how about April or May). We were unable to locate
the security guard that Breedlove described.
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One DePaul employee, 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. He 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 something to the effect of “I just saw Sam Adams
having sex with this younger guy in the bathroom.” Clark is not certain of exactly what
Demissie said, but he believed it was clear that Demissie had communicated 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 remark to anyone.
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 with a young man in
the restroom or telling Clark those details. Demissie further states that had he witnessed this, it
would be an incident he would not forget.
Other security guards who served in City Hall in 2005 were contacted. None recall
seeing anything matching Breedlove’s account or hearing anything about this from other guards.
Breedlove claims that he and Adams left City Hall and walked over to the Lotus
Restaurant together. Breedlove recalls that they had dinner and Adams paid the bill. He asserts
that he did not have any alcohol while at the Lotus. According to Breedlove, conversation over
dinner was not romantic or sexual in nature. After dinner they walked back to City Hall.
Breedlove’s friend arrived and drove him back to Salem. Breedlove does not report any
additional kissing or romantic connection with Adams during or after their dinner at the Lotus.
Breedlove does not recall telling his friend about the incident in the restroom.
Breedlove reports that the next time he saw Adams was June 25, 2005. That day, Adams
traveled to Breedlove’s parents’ home in Salem for Breedlove’s 18th birthday party. According
to all available records and accounts, Breedlove and Adams did not see each other between the
First Thursday event and Breedlove’s birthday party.
Adams
Miller reports that, during a post-press conference staff meeting in January, Miller asked
Adams if he kissed Breedlove before Breedlove was 18 years old. Adams answered that he
could not remember.
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Legal Issues
Two incidents, if proven, could potentially serve as the legal basis for a sex abuse III
charge against Adams:
1) The alleged kiss in Adams’ truck the day of the Macaroni Grill lunch.
2) The alleged kiss in the restroom on First Thursday.
Breedlove and Adams are the only direct witnesses to both kisses. No witnesses to the
truck kiss have been identified. No witnesses to Breedlove and Adams either entering or exiting
the restroom on First Thursday have been identified. Glenn Clark claims to have information
about Adams having sexual contact with a young man in the restroom, but his account has
serious flaws.
Witness Issues
1) Breedlove has a well documented history of lies about his relationship with Sam.
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3) Breedlove has benefited from the story – both in terms of fame and finance (Unzipped
story and pictures – he has not disclosed how much he was paid).
It could prove helpful to this investigation to contact the individual who drove Breedlove
to and from First Thursday, but Breedlove will not reveal that individual’s name.
Glenn Clark claims he had forgotten about his conversation with Demissie until he ran
into another former City Hall security guard at a bar on Super Bowl Sunday 2009. Clark states
that former security guard mentioned that Willamette Week was trying to find former security
guards who worked at City Hall and that the discussion “triggered” his memory of his
conversation with Demissie four years prior.
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Question #2: Did Adams hire Amy Ruiz as a Planning and Sustainability Advisor/Liaison to
keep her from pursing/printing the Breedlove story?
According to Ruiz, while she was employed with the Mercury, Breedlove was her
“anonymous” source on the Adams/Breedlove story. She was unable to corroborate the
information he provided her with witnesses who were willing to go “on record.” As a result, she
dropped the story in February 2008, 10 months prior to being hired at the City of Portland.
Adams was aware that Ruiz was pursing this story, and that Ruiz had an anonymous
source. On February 29, 2008, Ruiz met with Adams to discuss an anonymous email she
received on January 2, 2008. The email contained specifics about Breedlove and Adams kissing
in the City Hall men’s restroom, and included a reference to a security guard who might have
information. Ruiz recalls showing the email to Adams. His response was (in effect), “whoever
wrote this believes it.” Ruiz stated that Adams never admitted to the conduct (does this also
mean that he didn’t deny it?). Ruiz confirmed that Breedlove was the author of the email.
According to Ruiz, Breedlove gave her permission, in the context of this investigation, to
disclose that he had served as her anonymous source.
Ruiz claims 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 she
return for a final interview and she was eventually offered the job. She asserts that she never had
any contact with Adams during the hiring process and issues regarding the story she had
explored earlier in 2008 were never raised.
Lisa 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 this process, there was a change in the position title as two internal offices
were merged, which caused her to re-examine the applications. When she finally made calls for
interviews, Ruiz was one of the individuals contacted.
Libby claims that based on first-round interviews, she narrowed the pool down to three
applicants and asked Tom Miller to sit in on the second interview. Libby said that she and Miller
agreed that Ruiz was the top candidate for the position. Prior to offering Ruiz the job, Miller
wanted to run the choice past Adams. Miller reported to Libby that Adams was fine with their
choice. Ruiz was offered and accepted her current position.
Miller – we need his details about hire process & his communications with Adams
(Tom Miller and Libby follow up – was the position Ruiz applied for and was hired for
the same position that Dacanay claims he was offered?)
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