Bernard GIUSTO
Investigation #1
1/16/2008
A.
CASE IN BRIEF..................................................................................................................... 7
1. KIM complaint.................................................................................................................... 7
2. LEONHARDT complaint ................................................................................................... 7
3. NAITO/PAUGH complaint ................................................................................................ 7
4. Anonymous Lead GIUSTO/BICART.............................................................................. 7
5. Investigative Team identified ............................................................................................. 8
B. OVERVIEW ........................................................................................................................... 8
1. DPSST Jurisdiction and Scope of Investigation ................................................................. 8
2. Oregon Department of Justice investigation versus DPSST investigation......................... 8
3. Background on Sheriff Bernard GIUSTO .......................................................................... 9
4. Findings Categories .......................................................................................................... 10
5. Investigative Team Discussion and Findings ................................................................... 10
C. REGULATORY STATUTES, ADMINISTRATIVE RULES AND LEGAL CRITERIA . 11
1. Standard of Proof .............................................................................................................. 11
2. Criminal Justice Code of Ethics........................................................................................ 11
3. Statutes and Administrative Rules .................................................................................... 11
1) Statutes and Rules establishing minimum standards .................................................... 11
2) Statutory and regulatory authority to revoke for violation of moral fitness standards . 11
3) Definition of Moral Fitness........................................................................................... 11
4) Oregon Revised Statute statute of limitations............................................................ 12
5) Oregon Revised Statute mandatory reporting sexual abuse of child .......................... 12
6) Criminal conduct, as affected by the statute of limitations........................................... 12
7) ORS 206.010 ORS 206.345 General duties of sheriff. ............................................. 13
8) ORS 166.291 The criteria for issuance of a Concealed Handgun License. .................. 13
9) ORS Impact of revocation on currently elected sheriff. ............................................ 13
10)
Brady Issues .............................................................................................................. 13
11)
Legal Definition of Corroboration, Corroborate....................................................... 13
D. MENTIONED PERSONS .................................................................................................... 14
E. EXHIBIT LIST ..................................................................................................................... 23
F. ALLEGATIONS................................................................................................................... 39
1. Summary Table................................................................................................................. 39
2. Allegations Itemized ......................................................................................................... 41
1) Allegation 1: GIUSTO failed to use outside investigators to investigate racial
harassment............................................................................................................................. 41
2) Allegation 2: GIUSTO failed to investigate the conduct of a law enforcement sergeant
involved with the wife of another member. .......................................................................... 44
3) Allegation 3: GIUSTO instigated a misuse of leave complaint against a female
sergeant, which was ultimately overturned........................................................................... 45
4) Allegation 4: GIUSTO had knowledge of GOLDSCHMIDTs crime against a child
and did not report it............................................................................................................... 46
5) Allegation 5: GIUSTOs statements to the public, in 2004 and later, about his
knowledge, or the extent of his knowledge, of the Goldschmidt crime are in conflict with
1/16/2008
1/16/2008
1/16/2008
1/16/2008
1/16/2008
A. CASE IN BRIEF
1. KIM complaint
In April 2007, the Department of Public Safety Standards and Training (DPSST) received
allegations from Robert KIM of numerous acts of misconduct by Sheriff Bernard
GIUSTO. During the course of the investigation, KIM asserted that he had received his
information second and third hand from MCSO sources which he could not or would not
identify. Investigators found most of KIMs allegations inaccurate, not within DPSSTs
jurisdiction or reporting conduct which did not constitute misconduct within DPSSTs
jurisdiction. Of the twenty-three (23) allegations, twenty-one of the allegations were
administratively closed. One of KIMs allegations, that GIUSTO misrepresented to the
public his knowledge of James JEDDELOHs prior criminal history when he initially
approved the concealed handgun license, was referred to the Police Policy Committee for
review. A second allegation relating to Lee DOSS, was narrowed to focus on whether
GIUSTO traveled to Seattle with DOSS after the intervention with JEDDELOH. This
allegation was referred to the Police Policy Committee for review. 1
2. LEONHARDT complaint
In June 2007, DPSST received specific allegations from Fred LEONHARDT, which
included his first-hand recollections. LEONHARDT asserted that while Bernard GIUSTO
was a certified police officer working a security detail for Governor Neil
GOLDSCHMIDT, GIUSTO gained knowledge that GOLDSCHMIDT had engaged in the
crime of sexual abuse of a minor child while GOLDSCHMIDT was the Mayor of Portland.
LEONHARDT asserted that GIUSTO told LEONHARDT of the crime. LEONHARDT
alleged that GIUSTO misrepresented to the public his knowledge, or the extent of his
knowledge about the GOLDSCHMIDT crime. This allegation was referred to the Police
Policy Committee. 2
3. NAITO/PAUGH complaint
In June 2007, DPSST received a complaint from Mr. PAUGH through Commissioner Lisa
NAITOs office, alleging that GIUSTO improperly used the Law Enforcement Data
System (LEDS) to conduct a background check on KIM. This allegation was
administratively closed; GIUSTOs actions did not constitute misconduct.3
4. Anonymous Lead GIUSTO/BICART
In June 2007, DPSST received an email asserting that BICART could have information
relating to GIUSTOs knowledge of the GOLDSCHMIDT crime. BICART was
1
Ex A1a
Ex A15a
3
Ex A16a
2
1/16/2008
Ex A18b
Ex A19e
6
Ex A2a, A2b
5
1/16/2008
Ex A9a
1/16/2008
Ex A7
1/16/2008
Oregon Attorney Generals Administrative Law Manual and Uniform Model Rules of Procedure under the
Administrative Procedures Act, Standard of Proof, p. 142 (2006)
10
Ex A11
11
Ex A10
Bernard GIUSTO DPSST# 07617
Investigation #2
Page 11 of 302
1/16/2008
4)
5)
6)
12
Ex A6b, A6c
Ex A6b
14
Ex A6k
13
1/16/2008
8)
9)
10)
Brady Issues
At the request of KING, ANGLEMIER and LORANCE provided the document,
Truthfulness and Public Safety Professionals Court Decisions.18
11)
15
Ex A13
Ex A6l
17
Ex A4a
18
Ex A6h
16
1/16/2008
Phone
Address
ANGLEMIER, Lorraine
DPSST
lorraine.anglemier@state.or.us
ANDERCHUCKI, Phil
BRANT, John
NV
Reporter
BUDNICK, Nick
503-546-5145
nickbudnick@portlandtribune.co
m
Portland Tribune
Reporter
BURDICK, Ginny
State Senator
BURTSCHAELL, Robert
4150 NE Beaumont St
Portland, Oregon 97212
Bobcat97080@yahoo.com
GOLDSCHMIDTs friend
BUTTS, Kathy
MCSO Deputy
MCSO
12240 NE Glisan St
Portland, Oregon 97230
CORTADA, Rafael
MCSO Deputy
MCSO
12240 NE Glisan St
Portland, Oregon 97230
NV
5232 SW Bancroft St
GOLDSCHMIDT
administration
1/16/2008
MCSO Chaplain
DOSS, Lee (Jeddeloh)
ESTEVE, Harry
503-221-8226
Oregonian
Reporter
harryesteve@news.oregonian.co
m
1320 SW Broadway
Portland, OR 97201
FRANCESCONI, Jim
NA
GATES, Jason
MCSO
12240 NE Glisan St
Portland, Oregon 97230
GEDDES, Ryan
Portland Tribune
Reporter
Ryan
ryangeddes@portlandtribune.co
m
GIUSTO, Bernard
MCSO
MCSO Sheriff
GIUSTO, KIM
Gresham Police
Department
KULONGOSKIs
administration
GRAHAM, Lee
lee.graham@ci.gresham.or.us
1333 NW Eastman
Parkway
Gresham, Oregon 97030
1/16/2008
3233 NE 32nd Pl
Portland, Oregon 97212
GREEN, Aimee
Oregonian
Reporter
aimeegreen@news.oregonian.co
m
1320 SW Broadway
HASLER, Carol
MCSO
MCSO Inspector
carol.hasler@mcso.us
Portland, OR 97201
Suite 350
Portland, Oregon 97214
IMESON, Thomas
GOLDSCHMIDT Chief of
Staff
JAQUISS, Nigel
Reporter
503 243-2122
njaquiss@wweek.com
Willamette Week
2220 NW Quimby
Portland, OR 97210
JEDDELOH, Jim
6150 SW Arrowwood
Lane
Subject of intervention
KANTOR, Gregg S
Communications
Supervisor
1709 SW Westwood
Court
Portland, Oregon 97239
GOLDSCHMIDT
Administration
KATZ, Vera
1/16/2008
KENNEDY, Debbie
(Stone)
KIM, Robert
Complainant #1
KING, Theresa
DPSST
DPSST Investigator
KIRK, Christine
MCSO
MCSO Chaplain
LEONHARDT, Fred
Complainant #2
Former GOLDSCHMIDT
speechwriter
LEONHARDT, Christy
Wife of Fred
LEONHARDT
LIM, John
NV
740 SE 25th
State Representative
DPSST
Uncle to Complainant #1
KIM
LORANCE, Marilyn
DPSST Supervisor of
Standards and Certification
1/16/2008
LEDS Auditor
LEDS
P. O. Box 14360
Salem, Oregon 97309
MAPES, Jeff
503-221-8209
Oregonian
Reporter
jeffmapes@news.oregonian.com
1320 SW Broadway
Portland, OR 97201
McBETH, Page
DOJ Investigator
DOJ
610 Hawthorne Avenue
SE
Salem, Oregon 97301
MCCAIN, Bruce
MCSO Lieutenant,
Executive Staff
McDADE, Karl
NA
McGILL, Deirdre
MCSO
12240 NE Glisan St
Portland, Oregon 97230
McINTIRE, Jacquenette
DPSST Director
DPSST
4190 Aumsville Hwy SE
Salem, Oregon 97317
MOYER, Catherine
MCSO
12240 NE Glisan St
Portland, Oregon 97230
MULLMANN, Chris
1/16/2008
NAITO, Lisa
Multnomah County
Commissioner
NOAH, Debby
OCONNELL, Terry
LEDS Director
LEDS
P. O. Box 14360
Salem, Oregon 97309
ODONNELL, Bobby
MCSO
MCSO Deputy
Hansen Building
12240 NE Glisan
Portland, Oregon 97230
ODONNELL, Laura
MCSO
Hansen Building
12240 NE Glisan
Portland, Oregon 97230
OLSEN, Diana
MCSO Sergeant
MCSO
Hansen Building
12240 NE Glisan
Portland, Oregon 97230
OSWALT, Angela
NA
OTT, Jennifer
Multnomah County
Sheriffs Office
PARSONS, Shirley
DPSST
DPSST Investigator
Shirley.parsons@state.or.us
PAUGH, Charles
Complainant
1/16/2008
MCSO
12240 NE Glisan St
Portland, Oregon 97230
Portland Tribune
Reporter
Lead Reporter
503-546-5131
jimredden@portlandtribune.com
REESE, David
David..Reese@das.state.or.us
REDDEN, Jim
900 Court ST NE
Salem, Oregon 97301
RITCHIE, Brent
Multnomah County
Sheriffs Office
MCSO Sergeant
Hansen Building
12240 NE Glisan
Portland, Oregon 97230
ROSS, Marshall
MCSO
Civil Deputy
12240 NE Glisan St
Portland, Oregon 97230
jacobsanders@portlandtribune.co
m
Portland Tribune
SHANKS, Todd
MCSO
MCSO Detective
12240 NE Glisan St
Reporter
MCDSA Pres
SHRUNK, Michael
503-988-3162
Multnomah County
District Attorney
Michael.d.schrunk@mcda.us
Multnomah County
District Attorney
Multnomah County
Courthouse
1021 S.W. Fourth
Avenue, Room 600
Portland, OR 97204
SIMMONS, Ken
Polygraph Licensing
Advisory Committee Chair
STANFORD, Phil
Columnist
Bernard GIUSTO DPSST# 07617
Investigation #2
Page 20 of 302
Portland Tribune
6605 S.E. Lake Road
1/16/2008
Portland, OR 97222
STELLE, Ed
Chaplain
SULZBERGER, Arthur
Gregg
Reporter
SKYE, Kelly
503-221-8330
arthursulzberger@news.oregonia
n.com
503 378 6246
MCSO
12240 NE Glisan St
Portland, Oregon 97230
Oregonian
1320 SW Broadway
Portland, OR 97201
Office of the Governor
Kelly.Skye@sate.or.us
TATE, Alice
THOMPSON, Vicky
TORRES, Jose
MCSO
MCSO Deputy
12240 NE Glisan St
Portland, Oregon 97230
TWEEDT, Darin
Darin.tweedt@state.or.us
Oregon Department of
Justice
610 Hawthorne Avenue
SE
Salem, Oregon 97310
VALDEZ, Angela
Willamette Week
2220 NW Quimby
Portland, OR 97210
WALTH, Brent
503-294-5072
Oregonian
Investigative Reporter
brentwalth@aol.com
1320 SW Broadway
Reporter
Portland, OR 97201
WILSON, Kimberly
Oregonian
Reporter
KIMberlywilson@news.oregonia
n.com
1320 SW Broadway
1/16/2008
Portland, OR 97201
YADEN, David
53 636 5088
GOLDSCHMIDT Advisor
YORK, Derry
Polygraph Examiner
YOUMANS, Debbie H.
WALTH, Brent
503-294-5072
Oregonian
Reporter
brentwalth@aol.com
1320 SW Broadway
Portland, Oregon 97201
WALKER, Vicki
WALLIKER, Kathy
MCSO
12240 NE Glisan St
Portland, Oregon 97230
WALLS, Ned
MCSO
MCSO Sergeant
12240 NE Glisan St
Portland, Oregon 97230
WONACOTT, Tim
MCSO
MCSO Deputy
12240 NE Glisan St
Portland, Oregon 97230
ZAITZ, Les
1-503-585-0985
Oregonian
Reporter
(PDX) 503-221-8181
1320 SW Broadway
Portland, OR 97201
1/16/2008
E. EXHIBIT LIST
Exhibit Date
Description
A1a
04 24 07
A1b
04 30 07
A1c
05 22 07
A1d
07 16 07
Ale
07 30 07
A2a
05 04 07
A2b
05 09 07
A2c
05 10 07
A2d
05 17 07
A2e
05 22 07
A2f
06 12 07
A2g
06 20 07
A2h
06 27 07
A2i
06 29 07
A2j
06 29 07
A2k
06 29 07
Draft Agenda
A2l
07 05 07
A2m
07 10 07
A2n
07 11 07
AGENDA
A2o
07 11 07
A2p
07 20 07
A2q
07 30 07
A2r
08 02 07
A2s
08 07 07
A2t
08 08 07
A2u
08 13 07
A2v
08 14 07
1/16/2008
08 17 07
A2x
08 24 07
A2y
09 14 07
A2z
09 21 07
A2aa
09 27 07
A2bb
10 03 07
A2cc
10 05 07
A2dd
10 08 07
A2ee
10 11 07
A2ff
10 12 07
A2gg
10 18 07
A2hh
10 22 07
A2ii
10 29 07
A2jj
11 01 07
A2kk
11 07 07
A3a
05 01 07
A3b
05 07 07
A3c
10 05 07
A3d
10 01 07
A3e
10 10 07
A3f
11 01 07
A3g
11 15 07
A3h
11 14 07
A3i
A3j
11 21 07
A4a
08 15 07
A5a
06 28 07
A5b
06 28 07
A5c
07 02 07
A5d
06 30 07
1/16/2008
06 30 07
A5f
07 03 07
A5g
06 30 06
A5h
07 16 07
A5i
07 16 07
A6a
06 28 07
A6b
07 18 07
A6c
08 23 07
A6d
09 26 07
A6e
10 03 07
A6f
10 09 07
A6g
10 09 07
A6h
A6i
A6j
10 14 07
A6k
10 15 07
A6l
10 15 07
A6m
10 18 07
A6n
11 01 07
A7
04 30 07
A8
05 11 07
1/16/2008
01 04 07
A9b
05 09 07
A9c
05 11 07
A9d.1
10 11 05
A9d.2
10 20 05
A9d.3
10 20 05
A9d.4
10 21 05
A9d.5
10 21 05
A9d.6
11 01 05
A9d.7
11 08 05
A9d.8
11 08 05
A9d.9
11 08 05
A9d.10
11 10 05
A9d.11
11 14 05
A9d.12
11 15 05
A9d.13
11 15 05
A9d.14
11 29 05
A9d.15
11 29 05
A9d.16
12 09 05
A9d.17
08 18 06
A9d.18
08 18 06
A9e
07 03 07
A9f.1
11 08 05
A9f.2
02 04 05
A9g.1
09 30 05
A9g.2
09 29 05
A9g.3
02 04 05
A9g.4
02 04 05
1/16/2008
02 04 05
A9g.6
02 04 05
LEDS - JEDDELOH
A9g.7
02 04 05
LEDS - JEDDELOH
A9g.8
02 04 05
CCH - JEDDELOH
A9g.9
02 04 05
A9g.10
02 04 05
A9g.11
02 04 05
Triple I - JEDDELOH
A9g.12
02 04 05
A9g.13
02 04 05
A9g.14
02 04 05
A9g.15
02 04 05
A9g.16
02 04 05
LEDS - JEDDELOH
A9g.17
02 08 05
A9g.18
02 08 05
A9g.19
02 08 05
A9g.20
02 08 05
A9g.21
07 18 04
A9g.22
07 24 05
A9g.23
A9g.24
02 10 05
A9g.25
07 23 04
A9g.26
02 10 05
A9g.27
02 18 05
A9g.28
02 22 05
Action Suspended
A9g.29
05 18 05
A9g.30
05 05 05
LEDS - JEDDELOH
A9g.31
06 27 05
A9g.32
05 13 05
A9h.1
12 27 05
A9h.2
04 29 05
1/16/2008
04 29 05
A9h.4
04 29 05
A9h.5
05 03 05
A9h.6
05 04 05
A9h.7
05 05 05
A9h.8
05 05 05
A9h.9
05 05 05
A9h.10
05 05 05
A9h.11
06 22 05
A9h.12
06 22 05
A9h.13
04 29 05
A9h.14
04 29 05
A9h.15
04 29 05
A9h.16
05 03 05
A9h.17
05 04 05
A9h.18
05 05 05
A9h.19
05 05 05
A9h.20
05 05 05
A9h.21
05 05 05
A9h.22
06 22 05
A9h.23
06 22 05
A9i.1
12 27 05
A9i.2
12 27 05
A9i.3
06 29 06
A9i.4
04 04 05
A9i.5
06 27 05
A9i.6
06 23 05
A9i.7
06 13 05
A9i.8
07 27 05
A9i.9
08 28 05
1/16/2008
12 06 05
A9i.11
06 22 05
A9i.12
02 22 06
A9j.1
10 24 05
A9j.2
A10
A11
A12.a
A12.b
A12.c
11 15 07
A13a
A13b
A14a
2006
A14b
2006
Appendix
A14c
11 22 06
A15a
06 11 07
A15b
06 12 07
A15c
06 19 07
A15d
06 19 07
A15e
06 11 07
A15f
06 19 07
A15g
06 29 07
A15h
07 03 07
A15i
07 03 07
A15j
07 03 07
A15k
07 03 07
A15l
07 03 07
A15m
07 06 07
A16a
06 20 07
1/16/2008
05 05 07
A16c
06 12 07
A16d
08 06 07
A16e
08 09 07
A16f
08 09 07
A17a
06 21 07
A17b
06 21 07
A17c
06 21 07
A17d
06 21 07
A17e
07 24 07
A17f
07 27 07
A17g
10 09 07
A18a
06 26 07
A18b
06 26 07
A19a
06 29 07
A19a.l
06 29 07
A19a.2
06 29 07
A19b
07 24 07
A19c
07 26 07
A19d
08 08 07
A19e
08 08 07
A20a
07 03 07
A20b
07 03 07
A20c
07 16 07
A20d
07 18 07
A20e
07 20 07
A20f
08 24 07
1/16/2008
08 24 07
A20h
09 21 07
A21a
06 26 07
A21b
07 24 07
A21c
07 16 07
A21d
07 26 07
A21e
07 26 07
A21f
07 27 07
A21g
07 30 07
A22a
06 26 07
A22b
07 24 07
A22c
07 26 07
A22d
07 27 07
A22e
08 03 07
A22f
08 24 07
A23a
08 13 07
A23b
06 26 07
A24a
08 06 07
A24b
06 26 07
A25a
06 28 07
A25b
08 09 07
A26a
06 28 07
A27a
05 01 07
A27b
05 07 07
A27c
06 28 07
A27d
06 28 07
1/16/2008
06 28 07
A27f
07 02 07
A27g
07 10 07
A27h
07 17 07
A27i
07 24 07
A27j
07 26 07
A27k
07 27 07
A27l
07 30 07
A27m
07 30 07
A27n
07 31 07
A27o
07 31 07
A27q
07 31 07
A27r
08 01 07
A27s
08 01 07
A27t
08 01 07
A27u
08 01 07
A27v
08 01 07
A27w
08 03 07
A27x
08 09 07
A27y
08 10 07
A27 z
08 17 07
A27aa
09 12 07
A27bb
09 12 07
A27cc
09 24 07
A27dd
09 27 07
A27ee
10 02 07
A27ff
10 05 07
1/16/2008
10 11 07
A27hh
10 12 07
A27ii
10 12 07
A27jj
10 19 07
A27kk
10 20 07
A27ll
10 17 07
A27mm 10 26 07
A27nn
10 08 07
A27oo
10 12 07
A27pp
10 30 07
A27qq
11 02 07
A27rr
11 05 07
A27ss
11 07 07
A27tt
01 09 08
A27uu
01 09 08
A28a
06 28 07
A28b
A29a
07 05 07
A29b
12 02 94
A29c
07 05 07
A29d
07 17 07
A29e
07 27 07
A29f
07 25 07
A29g
07 30 07
A30a
07 09 07
A30b
07 10 07
A30c
07 30 07
1/16/2008
07 12 07
A31b
07 25 07
A31c
07 27 07
A32a
07 12 07
A32b
08 06 07
A32c
01 05 06
A33a
07 24 07
A33b
10 13 07
A33c
07 25 07
A33d
08 06 07
A33e
07 30 07
A34a
07 16 07
A35a
07 24 07
A35b
07 27 07
A35c
08 09 07
A36a
07 16 07
A37a
07 17 07
A37b
08 09 07
A37c
09 24 07
A37d
09 27 07
A38a
07 30 07
A38b
08 02 07
A39a
08 08 09
A39b
09 27 07
A39c
10 04 07
A39d
10 09 07
A40a
07 26 07
A40b
11 11 04
A41a
07 26 07
1/16/2008
07 26 07
A43a
07 26 07
A44a
07 26 07
A45a
07 27 07
A46a
07 27 07
A47a
07 30 07
A48a
07 30 07
A49a
09 24 07
A50a
08 01 07
A51a
08 02 07
A52a
08 02 07
A53a
08 02 07
A54a
08 16 07
A55a
08 09 07
A56a
04 06 05
A56b
10 03 05
A56c
09 17 07
A56d
08 12 07
A56e
08 10 07
A57a
08 13 07
A58a
08 13 07
A59a
08 09 07
A60a
08 13 07
A61a
08 09 07
A62a
08 14 07
A62a.l
08 16 07
A62a.2
08 17 07
A62b
08 14 07
A62b.l
08 16 07
A62c
08 14 07
1/16/2008
08 16 07
A62d
08 14 07
A62d.l
08 16 07
A62e
08 14 07
A62e.l
08 16 07
A62f
08 14 07
A62g
08 14 07
A62g.l
08 16 07
A62h
08 14 07
A62i
08 14 07
A62j
08 14 07
A62j.l
08 16 07
A62k
08 14 07
A62k.l
08 16 07
A62l
08 14 07
A62l.1
08 16 07
A62m
08 14 07
A62m.l
08 16 07
A62n
08 16 07
A62o
08 17 07
A63a
08 20 07
A63b
08 22 07
A63c
08 22 07
A63d
08 31 07
A63e
08 31 07
A63f
10 30 07
A63g
10 30 07
A64a
09 17 07
A65a
09 14 07
A65b
09 24 07
1/16/2008
10 04 07
A66a
09 14 07
A66b
09 14 07
A66c
09 21 07
A66d
09 27 07
A66e
09 24 07
A66f
10 02 07
A66g
10 04 07
A67a
09 14 07
A67b
10 02 07
A67c
09 14 07
A68a
09 14 07
A68b
09 20 07
A69a
09 27 07
A69b
10 04 07
A69c
10 03 07
A69d
10 04 07
A70a
09 27 07
A70b
10 02 07
A70c
10 04 07
A71a
09 27 07
A71b
10 01 07
A71c
10 04 07
A72a
09 26 07
A72b
10 01 07
A72c
09 28 07
A72d
11 16 07
A73a
10 13 07
A73b
10 14 07
A73c
10 13 07
1/16/2008
10 13 07
A73e
10 13 07
A74a
June
2004
A75a
A75b
A76a
10 30 07
A77a
11 01 07
A78
A79
01 04 08
A80
12 28 07
1/16/2008
Allegation
Giusto failed to use outside investigators to investigate racial harassment
Giusto failed to investigate the conduct of a law enforcement sergeant involved
with another members wife
Giusto instigated a misuse of a leave complaint against a female sergeant
Had knowledge of GOLDSCHMIDTs crime and did not report it
5.
GIUSTOs statements to the public, in 2004 and later, about his knowledge, or
the extent of his knowledge, of the Goldschmidt crime are in conflict with
statements obtained during the course of the investigation.
6. Giusto had improper contacts with Margie GOLDSCHMIDT
7. Giusto had inappropriate relationship with a female Gresham City
Councilwoman while he was the Chief of Gresham Police Department.
8. Giusto had inappropriate communications with a female subordinate which
resulted in threats to her.
9. Giusto had inappropriate relationship with a female volunteer Chaplain which
affected a male Chaplain, an employee.
10. Giusto pursued a female PPB employee at a retirement dinner
11. Giusto inappropriately approved JEDDELOHs concealed handgun license
12. GIUSTOs statements to the public, in 2005 and 2007, and regarding his
knowledge of JEDDELOHs DUII diversion and domestic violence incident
are in conflict with statements made to DOJ investigators and physical
evidence obtained during the course of the investigation.
13. Giusto altered, or had altered, JEDDELOHs concealed handgun license
application and/or file
14. Giusto misused the protective order that Lee (Jeddeloh) DOSS obtained by
threatening Jim JEDDELOH.
15. Giusto engaged in a personal relationship with DOSS in an efforts to conceal
his previous bad acts; the issuance of the CHL
16. Giusto violated agency policy by sending numerous emails to DOSS from his
work computer.
1/16/2008
Finding
Admin closure; does not constitute misconduct for purposes of DPSST
standards
Admin closure; does not constitute misconduct for purposes of DPSST
standards
Admin closure; the allegation is false
Admin closure; does not constitute misconduct for purposes of DPSST
standards.
Referred to PPC
17. GIUSTOs statements to the public in 2005, and in a 2006 deposition regarding
a trip to Seattle with Lee DOSS while her husband was in rehabilitation, are in
conflict with statements he made to DPSST.
Part A: GIUSTO was untruthful with the media, regarding a trip he took to Seattle
with Mrs. JEDDELOH while her husband was in rehabilitation.
Part B: GIUSTO was untruthful with the media when he stated he had not offered
Lee JEDDELOH $10,000 to pay for her husbands rehabilitation.
Part C: GIUSTO was untruthful with the media when he stated he had not been
involved in the planning of the intervention until the night before or maybe two
days before
18. Giusto has a loss of public confidence, and the Board of Multnomah County
Commissioners failed to determine if moral fitness issues would disqualify
him.
19. There is a perceived political connection between GIUSTO, KULONGOSKI
and DOJ.
20. Giusto improperly appeared in uniform to campaign for KULONGOSKI.
21. Giusto demonstrated poor management as shown by the Investigative Report
conducted by the MCDA
22. Giusto failed to maintain a high ethical standard, and therefore his subordinates
have engaged in similar conduct that has led to some arrests
23. Giusto has been publicly humiliated through the media
24. Giusto improperly directed his staff to check KIM in LEDS
1/16/2008
2. Allegations Itemized
1)
In his interview, KIM asserted that Lieutenant Long made insensitive remarks about
being Oreo. KIM asserted that there was no investigation, and GIUSTO just squashed
it.19
The investigative team determined that there is not, nor has there been in the recent past,
a Lieutenant Long associated with MCSO.
The investigative team determined that the complainant was Deputy Rafael CORTADA,
and the subject of the complaint was Lt. Dave RADER. RADER told investigators that
he was speaking at a roll call about officer safety and related an incident which happened
to him. RADER described responding to a disturbance in which an African American
confronted him and was threatening. After back-up arrived, RADER, and other deputies
and fire personnel, restrained the individual between two backboards, like an oreo
cookie.20
According to CORTADA, who grew up back east, oreo is a derogatory term to
describe a mixed race individual.21 CORTADA told investigators that prior to the
referenced roll call he was seeking a promotion to sergeant and had been working on
areas that RADER, among other command staff, had identified as necessary for
promotion. At the referenced roll call, CORTADA offered a suggestion that would have
allowed him to fulfill one of the areas of growth. CORTADA related that RADER
discounted his suggestion and shortly thereafter related the incident described above.
Based on the totality of circumstances, CORTADA found RADERs usage of the
terminology offensive, but recognized that [RADER] didnt necessarily think he knew at
the time that he offended me.2223
Although CORTADA did not address the issue with RADER at that roll call with
RADER, he later told others about his feelings and ultimately this incident resulted in an
internal investigation.
RADER related that when he was made aware of CORTADAs concern, he wanted to go
to him and apologize but because the Union was involved, Chief Deputy GRAHAM told
him that he was not allowed to do so. At a later time, however, RADER did meet with
19
Ex A1c, pg 15-16
Ex A40a, pg 10
21
Ex A46a, pg 7
22
Ex A46A, pg 14
23
Ex A46a
20
1/16/2008
24
Ex A40b
Ex A40b
26
Ex A40b, pg 2
25
1/16/2008
27
Ex A16e
1/16/2008
2)
28
Ex AA60a
Ex A51a
30
Ex A51a,A60a
29
1/16/2008
3)
KIM alleged that a female sergeant was reprimanded for something that she did not do
because someone did not like her. In his interview KIM further asserted that the female
filed a grievance with the union and hired a female attorney. KIM asserted that it was
not her fault. In his written complaint KIM asserted that GIUSTO instigated a misuse
of leave complaint against the female sergeant.
The investigative team determined that the female sergeant was Sergeant Diana OLSEN.
It appears that Lt. RADER, not GIUSTO, identified issues involving OLSEN and her
usage of time. The first incident occurred in 2003; its focus was on the amount of leave
an individual may use. In that instance Olsen filed a grievance and MCSO responded to
the grievance affirming their position, relying on contractual language relating to efficient
operations. The second incident occurred in 2005 and after an internal investigation was
completed on April 6, 2005, the incident resulted in a sustained finding of Violation of
Sick Leave, Reporting and Recording.31
Later, MCSO elected to hire an independent and outside review of issues relating to
OLSEN and her claims of disparate treatment based on her gender and economic status.
Ultimately a command review of the Independent Inquiry resulted in findings that read in
part, Ms. Saul did not find substantial evidence in any of the nine areas of concern to
conclude that there are instances or patterns of discriminatory behavior based on gender
or because she is financially well off. . . . While staggeringly expensive, the Inquiry puts
to rest all of the issues personally identified by Sergeant Olsen and addressed by Ms. Saul
with each witness. 32
(cross-reference page 217, OLSEN Interview Summary)
(cross-reference page 217 RADER Interview Summary)
Investigative Team discussion: The investigative team considered this allegation, to the
extent to determine if the allegation had substance and if so, if it was within DPSSTs
jurisdiction.
KIMs allegations fail on several points. It was RADER, not GIUSTO, who identified
potential misconduct by OLSEN. The allegation against OLSEN for violation of sick
leave was sustained. And it was MCSO, not OLSEN, who hired a female attorney to
investigate OLSENs assertions of disparity in how she was treated. The subject of this
investigation was not the allegation regarding violation of sick leave, which had been
sustained.
Investigative Team Findings:
Administrative closure; the allegation is false.
31
32
Ex A56a
Ex A56b
1/16/2008
4)
33
Ex A74b, p 8, 9
Ex A6c
35
Ex A6b, 6c
34
1/16/2008
36
37
Ex A66g, p 11
Ex A66, P 12
1/16/2008
5)
Allegation 5: GIUSTOs statements to the public, in 2004 and later, about his
knowledge, or the extent of his knowledge, of the Goldschmidt crime are in
conflict with statements obtained during the course of the investigation.
Investigative Team Discussion
At issue is what GIUSTO knew, when he knew it, and whether GIUSTOs
statements to the public accurately represented his knowledge.
The investigative team considered the public to include the citizens of Oregon, the
media, and the 2004 Senate Rules Committee members before whom GIUSTO
testified.
Investigative Team Research
Relevant Public Statements:
On June 13, 2007, Brent Walth and Jeff Mapes of The Oregonian reported,
Giusto told the Oregonian that he doesnt remember talking specifics with
Leonhardt but may have discussed vague rumors in 1989 . . .38
On June 18, 2004, Phil Stanford of The Portland Tribune reported, Giusto
was saying this week he didnt know about the substance of the story until he
read it in the papers . . . before that it was just a rumor. When youre in law
enforcement you hear a lot of rumors. If you followed up on all of them you
wouldnt have time to do anything else.39
On June 18, 2004, Jim Redding of The Portland Tribune reported, Giusto
says he cannot recall hearing any rumors about Goldschmidt and an underage
girl even though he was romantically involved with the governors wife,
Margie, during that time.40
On June 24, 2007, Arthur Sulzberger of The Oregonian reported, Giusto, in
his second term as sheriff, has provided differing accounts concerning how
much he knew about Goldschmidt and the girl. He has admitted to hearing
rumors but denied knowing concrete facts. It was all very vague some gal,
some time, some place he told The Oregonian in 2004, describing a
conversation with Leonhardt.41
During another contact with the media, in a June, 2004 radio talk show with
Victoria TAFT for which a transcript is provided, she quoted from the
38
Ex A12.99
Ex A12.98
40
Ex A12.97
41
Ex A12.6
39
1/16/2008
Ex A74a, p 6
Ex A74a, p 14
44
Ex A74a, p 13
45
Ex A74a, p 15
46
Ex A74a, p 16
47
Ex A74a, p 21
48
Ex A74a, p 24
49
Ex A74a, p 25
50
Ex A75a, p 8
51
Giusto was around the Goldschmidt administration from November 1986 to January 1989
52
Ex A75a, p 9
43
1/16/2008
Ex A77a, p 11
Ex A77a, p 19
55
Ex A77a, p 21
56
Ex A77a, p 22
57
Ex A77a, p 29
58
Ex A15m, p 3-5, A15f,p 17
59
Ex A15m
60
Ex A30c
61
Ex A29d, p 15
62
Ex A29d, p 21
63
Ex A29d, p 20
54
1/16/2008
Ex A15m, p 6
Ex A29d, p 9 - 10
66
Ex A29g
67
Ex A23a, page 4, lines 18-22
68
Ex A23a, page 5, lines 6-8
69
Ex A23, p 18
70
Ex A23, p 4
71
Ex A23, p 23
72
Ex A12.99
73
Ex A54, p 5
65
1/16/2008
Ex A54a, p 14
Ex A54a, p 7, 17
76
Ex A20, p 23
77
Ex A20, P E
78
Ex A20e, p 6
79
Ex A20e, p 7
75
1/16/2008
Ex A63d - g
Ex A21g, p 6
1/16/2008
82
Ex A21g, p 12
Ex A21g, p 13
84
Ex A35a
85
Ex A35b
86
Ex A12.97
87
Ex A3d, p 10
88
Ex A3d, p 11
89
Ex A3d, p 12
90
Ex A3d, p 13
83
1/16/2008
91
Ex A3d, p 14
Ex A 3d, p 20
93
Ex A15m, p 6
94
Ex A15m, p 7
95
Ex A15m, p 8
96
Ex A80
92
1/16/2008
97
98
Ex A75b, p 9
A12.99
1/16/2008
Ex A15l
Ex A15k
101
Ex A15m
102
Ex A30c
103
Ex A15l
104
Ex A29e
105
Ex A29g
106
Ex A63d
107
Ex A63g
100
1/16/2008
1/16/2008
6)
1/16/2008
7)
KIM asserted that he had heard that GIUSTO had engaged in a personal relationship with
a female city councilwoman while he was the Gresham Chief, and that this was
inappropriate. KIM had no first-hand knowledge, nor did he have the name of the city
councilwoman. KIM was unable to provide any information to support that GIUSTO had
personal gain because of this relationship.
When asked about the allegation of GIUSTO having a relationship with a Gresham City
Councilwoman during a portion of the time that GIUSTO was the Chief of Gresham
Police Department, GRAHAM identified Jaquenette MCINTIRE as a friend of
GIUSTOs, stating that he has no independent knowledge that they are more than just
friends.108 When interviewed, McINTIRE stated the allegation was false109; McINTIRE
acknowledged GIUSTO was only a friend of hers. MCINTIRE asserted that although she
and GIUSTO were friends, he did not ask for anything, or seek any benefit or advantage
that she would not have extended to another chief.
McINTIRE also questioned whether GIUSTO was the Chief during her tenure as
councilwoman, stating she served from 2002 to 2006. (GIUSTO served as Chief of
Gresham Police from August 1, 1996 to December 2, 2002) McINTIRE identified other
female councilwomen who may have served during GIUSTOs tenure.
Vicky THOMPSON was interviewed and confirmed that she had been a Gresham city
councilwoman when GIUSTO was the Chief of Police, from 1999 to the end of 2002.
When presented with the allegation that GIUSTO had obtained personal gain from his
friendship with a city councilwoman, THOMPSON stated that she and GIUSTO have
been friends for years, but I assure you he didnt get any special favors because hes a
friend of mine . . .I dont do things that way.110
Debra NOAH was interviewed and confirmed that she had been a Gresham City
councilwoman from January 1996 to January 2000. When advised that one of the
allegations against GIUSTO was that he received special treatment from a City
councilwoman with whom he had a special relationship, NOAH noted that there were
three women at the time and that she and GIUSTO were not friends outside of their
professional contacts, nor did GIUSTO ask for any special dispensation or courtesies.
111
Cathy Butts was contacted and responded via email on October 4, 2007, I was a
councilwoman in Gresham from 1999-2003 but I did not have a personal relationship
with Chief Giusto nor did the other councilwoman, Vicki Thompson, to my knowledge.
108
Ex A37a, p 35
Ex A33d, p
110
Ex A71c, p 2-3
111
Ex A70c, p 2-3
109
1/16/2008
On October 1, 2007, GIUSTO was interviewed and was asked about his time as the Chief
of Police at Gresham Police Department and whether he knew Gresham city
councilwomen. GIUSTO stated he did and named several. GIUSTO stated that he spoke
with all of them. When asked if any of them and he had the type of relationship that he
felt he benefited from as the chief, GIUSTO stated no.113
(cross-reference page 217, THOMPSON Interview Summary)
(cross-reference page 217, NOAH Interview Summary)
(cross-reference page 124, BUTTS Email Summary)
(cross-reference page 217, McINTIRE Interview Summary)
(cross-reference page 148, GIUSTO Interview Summary)
Investigative Team Discussion: The investigative team considered this allegation to the
extent of determining if the allegation had substance and if so, if it was within DPSSTs
jurisdiction.
DPSST does not have jurisdiction over an individuals personal relationships. Therefore,
the portion of the allegation relating to the relationship of any party will not be
considered. KIM provided no information to demonstrate that this friendship had any
inappropriate results.
Investigative Team Finding:
Administrative closure; the allegation is false.
112
113
Ex A69d
Ex A3d
1/16/2008
8)
KIM asserted that he received second-hand information that Jennifer OTT was the
subject of unwanted and inappropriate emails from GIUSTO, her superior. KIM further
asserted that once the unwanted emails came to GIUSTOs attention, an unknown person
threatened to fire OTT if she disclosed this information to anyone.
DPSST has determined that Jennifer OTT is the MCSO Human Resources Manager and
was not the subject of unwanted and inappropriate emails from GIUSTO.114
DPSST has determined that Deirdre McGILL, a civilian MCSO employee, was the
subject of what she perceived to be inappropriate contacts by GIUSTO. The contacts
included GIUSTO stopping by her office to engage in conversation; something that he
had not done prior to her assignment in the Hansen Building. Also cited was a call from
GIUSTO to MCGILLs personal cellular telephone while she was off duty, and receipt of
two bottles of wine from GIUSTO.115
MCGILL asserted that at no time did anyone threaten her employment, including any
MCSO staff members to whom she may have disclosed GIUSTOs contacts with her.
Conversely, MCGILL asserted that she told her co-workers that she would handle the
matter and asked for their cooperation. Contrary to MCGILLs request, Deputy Sean
CHRISTIAN interceded and reported to Chief Deputy GRAHAM116 and GIUSTO that
GIUSTOs contact with MCGILL was probably not a good idea.117,118 Shortly
thereafter, OTT visited MCGILL, expressed her concern for MCGILL, and inquired if
MCGILL wished to pursue a complaint against GIUSTO, to which MCGILL replied that
the matter had been handled.119 Both MCGILL and OTT deny any conversation about
MCGILLs employment being in jeopardy as a result of this event.120
(cross-reference page 217, OTT Interview Summary)
(cross-reference page 217, McGILL Interview Summary)
(cross-reference page 126, CHRISTIAN Interview Summary)
(cross-reference page 172, GRAHAM Interview Summary)
Investigative Team Discussion: The investigative team considered this allegation to the
extent of determining if the allegation had substance and if so, if it was within DPSSTs
jurisdiction.
114
Ex A25b
Ex A43a
116
Ex A37a
117
Ex A42a
118
Ex A42a
119
Ex A26b
120
Ex A43a
115
1/16/2008
1/16/2008
9)
KIM asserted that GIUSTOs rumored relationship with a female volunteer chaplain
caused an employment contract change and pay reduction for the salaried Chaplain Ed
STELLE.
STELLE, the focus of KIMs allegation, does not perceive himself a victim of any
misconduct by GIUSTO, nor does he consider that TATEs presence had any negative
impact on him. 121 STELLE asserted that although there was a female chaplain that
GIUSTO asked him to mentor, her presence did not result in any negative impact on him.
Although STELLEs salary was affected by budgetary issues, he did not consider this a
negative matter, nor did he tie this occurrence to any impropriety by GIUSTO or his staff.
122
The investigative team identified Alice TATE as a female volunteer Chaplain who is also
friends with GIUSTO. When interviewed, TATE asserted that at no time did she receive
special treatment from GIUSTO as a result of her friendship. TATE pointed out that she
is a Chaplain to female inmates, whom STELLE does not counsel.123
(cross-reference page 217, STELLE Interview Summary)
(cross-reference page 217, TATE Interview Summary)
(cross-reference page 148, GIUSTO Interview Summary)
On October 1, 2007 when interviewed, GIUSTO stated that he moved STELLE over to
the law enforcement side where STELLEs focus has always been. GIUSTO also stated
that he cut STELLEs salary due to budget cuts. GIUSTO further explained that the
volunteer program was transferred to Catherine Moyer, MCSO staff assistant, for career
development. GIUSTO stated that it was STELLE who interviewed and hired TATE, but
GIUSTO who introduced the two.124
Investigative Team Discussion: The investigative team considered this allegation to the
extent of determining if the allegation had substance and if so, if it was within DPSSTs
jurisdiction. STELLE does not see himself as a victim of any misconduct by GIUSTO or
as a result of any decision GIUSTO may have made which affected him. TATE asserts
that her friendship with GIUSTO has not resulted in personal gain or benefit.
Investigative Team Findings:
Administrative closure; the allegation is false.
121
Ex A34a
Ex A34a
123
Ex A38b
124
Ex A3
122
1/16/2008
10)
KIM asserted that GIUSTO had attended a PPB retirement function for the sole purpose
of making contact with a female PPB employee. The contact consisted of a conversation.
During his interview, KIM identified the retiree as Karl McDade and the female as
Angela OSWALT125. DPSST staff identified Karl McDADE, DPSST# 02994, as a
former Multnomah County Sheriffs Office deputy of fourteen (14) years and who then
served with Portland Police Bureau for twenty (20) years, retiring in 2005.
Investigative Team Discussion: The investigative team considered this allegation to the
extent of determining if the allegation had substance and if so, if it was within DPSSTs
jurisdiction.
GIUSTO is entitled to speak to any individual he wishes at a social function. GIUSTOs
mere presence at a law enforcement retirement event does not constitute misconduct,
even if he was not invited.
Investigative Team Findings:
Administrative closure; does not constitute misconduct.
125
Ex A1c, pg 49
1/16/2008
11)
126
Exhibit A37a
1/16/2008
12)
Allegation 12: GIUSTOs statements to the public, in 2005 and 2007, and regarding
his knowledge of JEDDELOHs DUII diversion and domestic violence incident are
in conflict with statements made to DOJ investigators and physical evidence
obtained during the course of the investigation.
Investigative Team Discussion
At issue in this allegation are what GIUSTO knew, when he knew it, and whether
GIUSTOs statements to the public accurately represented his knowledge.
The investigative team considered the public to include the citizens of Oregon, the
media and investigators.
Investigative Team Research
Relevant Public Statements:
On Thursday, January 4, 2007, the Oregon Department of Justice released their
report on GIUSTO, which covered his role in the JEDDELOH intervention as
well as the application by JEDDELOH for a concealed handgun license
(CHL).127
On January 5, 2007, Arthur Sulzberger of The Oregonian reported, Giusto
said Thursday that he had been unaware of allegations of domestic violence
when he signed the license. 128
On October 11, 2007, Nick BUDNICK of The Portland Tribune reported,
Giusto told reporters he had not been aware of Jeddelohs criminal
background, which included two arrests for drunken driving and allegations of
domestic violence, when he approved his application.129
On October 12, 2007, Les ZAITZ and Arthur SULZBERGER of The
Oregonian reported, In February 2005, Giusto approved Jeddelohs
application for the concealed handgun permit. He later said he had done so
before learning Jeddeloh had a drunken driving conviction, which would make
him ineligible under state law to get approval.130
On December 9, 2005, when DOJ investigators asked GIUSTO, Did you get
involved in that [approval of JEDDELOHs CHL] process at all? GIUSTO
replied, I did very late in the process and that was after Chief GRAHAM
brought it to my attention that before we approve it I should look carefully at,
127
A9a
Ex A12.32
129
Ex A12.115
130
Ex A12.116
128
1/16/2008
131
Ex A9d.16,p 3
Ex A9d.16, p 6
133
Ex A9d.16, p 6
134
Ex A9a, p. 32
135
Ex A9d.16, p 7
136
Ex A9g.5 - 16
137
Ex A9g. .18
138
Ex A9g. 19
139
Ex A9g.26
132
1/16/2008
140
Ex A9g.27
Ex A9g.28
142
Ex A9f.1
143
Ex A9f, application with sticky note
144
Ex A9f, p 2
145
Ex A9d.12
146
Ex A9d.12, page 1
147
Ex A9d.12, page 2
148
Ex A9d.16,p 3
141
1/16/2008
149
Ex A9d.16, p 6
Ex A9d.16, p 6
151
Ex A9a, p. 32
152
Ex A9d.16, p 7
153
Ex A9d.17
154
Ex A9g.26
150
1/16/2008
155
Ex A9g. 26
Ex A37a, p 6
157
Ex A37a, p 7
158
Ex A37a, p 9
159
Ex A37a, p 11
160
Ex A37a, p 11
161
Ex A37a, p 12
162
Ex A37a, p 13
163
Ex A37a, p 14
164
Ex A37a, p 14
156
1/16/2008
Ex A37a, p 15
Ex A37d
167
Ex A3d,p 71
168
Ex A3d, p 74
169
Ex A3d, p 75
170
Ex A3d, p 77
166
1/16/2008
171
Ex A3d, p 79
Ex A3d, p 80
173
Ex A3d, p 81
174
Ex A3d, p 3
172
1/16/2008
1/16/2008
13)
In his letter KIM asserted that GIUSTO directed his MCSO executive staff to cover up
his actions by altering the file prior to it being sent to DOJ.
When interviewed, KIM asserted at one point that they altered . . . fabricated a whole
new document and there were different writings on it. KIM later asserted that the
whole file disappeared. KIM also asserted that the file disappeared and then
reappeared with different information.
According to the DOJ investigation, ELLIOTT provided DOJ a copy of the JEDDELOH
application with a sticky note on it in which GIUSTO approved the CHL. Later when
a copy of the application was sent to DOJ along with other documents, the sticky note
was not present.
Also, according to the DOJ investigation, BROWN asserted that the JEDDELOH
application file was on her desk and for a period of time it was removed. The file was
returned at a later date.
Investigative Team Discussion: There is no indication that any other discrepancies
were found of the CHL application by DOJ. Additionally, there is no evidence that
GIUSTO removed, or had removed, the sticky note approving the CHL.
Investigative Team Findings:
Administrative closure; the allegation is false
1/16/2008
14)
Allegation 14: GIUSTO misused the protective order that Lee (JEDDELOH) DOSS
obtained by threatening Jim JEDDELOH.
KIM asserted that GUISTOs use of the protective order to threaten JEDDELOH
constituted manipulation and misuse of the order.
It appears that GUISTO sought and received counsel from District Attorney SHRUNK
regarding JEDDELOHs prior domestic violence-related event and the pending
intervention along with the protective order that was issued. There is conflicting
information on whether or to what degree GIUSTOs position played a role in the other
participants decisions to also become involved in the intervention.
According to the DOJ investigation, There is some evidence that GIUSTO developed an
intimate relationship with Lee JEDDELOH after the intervention. . . There is some
evidence that GIUSTO used the threat of service of a restraining order as a tool to force
Jim Jeddeloh to attend the Betty Ford Clinic. The restraining order had been lawfully
issued by a court. Giusto was authorized by law to cause its service. Under the
circumstances, Giustos threat to do something he had a legal right to do cannot be said to
constitute an unauthorized exercise of official duties. And ultimately, the restraining
order was served.175
In his interview ELLIOTT asserted that it was his experience that when a judge signs an
Order, it is the judges expectation that it is for someones protection and therefore they
have an obligation to serve it; it would be unusual if it were not served.176
Investigative Team Discussion: The DOJ investigation found that GIUSTO did use the
Order as leverage and GIUSTO admits to this. DOJ found that GIUSTOs threat to do
something he had a legal right to do cannot be said to constitute an unauthorized exercise
of official duties. DPSST concludes that GIUSTO acted within the scope of the law.
As an elected official responsible for administering his own agency, GIUSTO has the
authority to set and modify policy, and has broad discretion in defining and exercising
his duties, (Ref ORS 206.010 206.345) (emphasis added) . .
Investigative Team Findings:
Administratively closed; the conduct does not constitute misconduct for purposes of
DPSSTs jurisdiction.
175
176
Ex A9a
Ex 64a
1/16/2008
15)
KIM asserted that in an effort to conceal his previous bad act in [Lees] eyes, GIUSTO
developed a personal relationship with her.
Investigative Team Discussion: The motive of a certified officer to seek a relationship
with another person is not under DPSSTs jurisdiction.
Investigative Team Findings:
Administrative closure; does not constitute misconduct for purposes of DPSST
standards.
1/16/2008
16)
Allegation 16: GIUSTO violated agency policy by sending numerous emails to Lee
DOSS from his work computer.
KIM asserted that GIUSTO violated his own agency policy when he sent and or received
personal emails to or from Lee DOSS. KIM had no specific information on this
allegation.
1/16/2008
17)
Initially DPSST considered three parts to this allegation. Having received input from
Giusto, DPSST concurs that Part B and Part C may be administratively closed. Part A
remains and is forwarded to the Policy Committee for consideration. See Investigative
Team Findings for analysis.
Part A: GIUSTO was untruthful with the media, and in a deposition for divorce
proceedings between James and Lee JEDDELOH, regarding a trip he took to Seattle with
Mrs. JEDDELOH while her husband was in rehabilitation.
Part B: GIUSTO was untruthful with the media when he stated he had not offered Lee
JEDDELOH $10,000 to pay for her husbands rehabilitation.
Part C: GIUSTO was untruthful with the media when he stated he had not been involved
in the planning of the intervention until the night before or maybe two days before.
Investigative Team Discussion
An individuals personal relationships, in general, are a private matter. In this
allegation, the focus centers on what GIUSTO chose to tell the public about his
relationship with DOSS, and whether GIUSTOs statements to the public were
truthful.
The investigative team considers the public to include the citizens of Oregon, the
media and investigators.
Initially at issue was whether GIUSTOs statements to the public regarding his
relationship with DOSS were truthful.
As the fact-finding investigation proceeded, the investigative teams concern
expanded to include whether GIUSTO had been untruthful with DOJ investigators in
their criminal investigation.
The investigative team was not concerned with the nature of the relationship between
GIUSTO and DOSS, but focused solely on GIUSTOs public statements and
whether they were truthful regarding:
1. A trip to Seattle
2. A loan offer of $10,000
3. When GIUSTOs involvement in the intervention began
1/16/2008
Yes
Q:
A:
...
Q: . . . any other trips outside the state of Oregon in 2004, 2005 and 2006
with Ms. Jeddeloh?
A:
No
....
Q: And you cant recall any other instances of travel with Ms. Jeddeloh
outside the state of Oregon in 2004, 2005, 2006?
A:
No . . .
...
Q: Who is Ashby Collinson?
177
A:
Lees daughter.
Q:
In the last 30 days have you traveled to Seattle with Ms. Collinson?
Ex A12.116
1/16/2008
A:
Yes.
Q:
A:
Yes.
Q:
A:
...
Q: Having refreshed your recollection on that trip, are you aware of any
other travel with Ms. Jeddeloh outside the geographical boundary of the state
of Oregon in 2004, 2005, 2006?
A:
Ex A9d.16, p 2
Ex A9d. 16, p 4
180
Ex A9d.16, p 6
181
Ex A9d.16, p 10 March
182
Ex A9d.16, p 9
183
Ex A9d.16, p 10
184
Ex A9d.16, p 10
179
1/16/2008
185
Ex A9d.16, p 33
Ex A9i.2
187
Ex A9h.4
188
Ex A9h.5
189
Ex A9h. 6
186
1/16/2008
Ex A9h. 7
Ex A9h.8
192
Ex A9h.9
193
Ex A9i.11
194
Ex A73a, 73b
195
Ex A3d, p 97, lines 5-24
191
1/16/2008
1/16/2008
18)
Allegation 18: GIUSTO has lost public confidence as the result of the prior
allegations, and that the Board of Multnomah County Commissioners made an
inquiry whether criminal conduct was involved but failed to determine if moral
fitness issues would disqualify GIUSTO.
Investigative Team Discussion: KIM asserted that GIUSTO lost public confidence. As
an elected official, if the public has lost confidence in him as a leader, or his leadership
abilities, their recourse is a recall.
KIM has also asserted that the Board of Multnomah County Commissioners made an
inquiry whether there was criminal conduct involved but failed to determine if moral
fitness issues would disqualify GIUSTO. DPSST has no jurisdiction over what the Board
of Multnomah County Commissioners uses as criteria to evaluate an elected official.
Investigative Team Findings:
Administrative closure, not within DPSSTs jurisdiction
1/16/2008
19)
Allegation 19: KIM asserted the Oregon Department of Justice investigation against
GIUSTO was tainted in the publics eye as a result of political connections
between GIUSTO and KULONGOSKI.
KIM alleged that because of a political party connection between GIUSTO and
KULONGOSKI, the DOJ investigation was tainted. KIM could provide no proof or
evidence of this other than second-hand conjecture.
When investigators interviewed KIM, investigators explained to KIM that his allegation
that the Attorney Generals office being somehow influenced by the Democratic Party
and the governor was not in DPSSTs jurisdiction KIM suggested, Well throw that one
out.196
Investigative Team Discussion: In reviewing the DOJ investigation, it appears their
focus remained on whether GIUSTOs actions were criminal. There is no indication of
any connection to KULONGOSKI in this investigation.
Investigative Team Findings
Administrative closure; not within DPSSTs jurisdiction
196
Ex A1c, p 90
1/16/2008
20)
KIM was unable to provide any specifics regarding the rebuke that GIUSTO received
from IACP. Furthermore, if this rebuke was public knowledge, the public had an
opportunity to take this into account during the subsequent election process.
Investigative Team Discussion: GIUSTO is one of many who have appeared in uniform
on behalf of various political positions or candidates. Additionally, while there may be
policy against this conduct, DPSST concludes that this allegation is beyond our
jurisdiction and that GIUSTO enjoys the First Amendment protections afforded to him
regarding free speech.
Investigative Team Findings:
Administrative closure; does not constitute misconduct for purposes of DPSST standards.
1/16/2008
21)
Investigative Team Discussion: KIM alleges that since the Multnomah County
Investigative Report identified areas of concern, DPSST should consider that Report. In
the investigative teams review of the mentioned document the focus appears to be on
management and leadership issues; these are not within DPSSTs jurisdiction.
Furthermore, GIUSTO is an elected official; therefore, if the public has lost confidence in
him as a leader, their recourse is a recall.
Investigative Team Findings:
Administrative closure, not within DPSSTs jurisdiction
1/16/2008
22)
Allegation 22: GIUSTO has failed to maintain a high ethical standard, and therefore
his subordinates have engaged in similar conduct that has led to some subordinate
officers arrests.
1/16/2008
23)
Allegation 23: GIUSTO has been publicly humiliated through the media.
Investigative Team Discussion: GIUSTO is an elected official; therefore if the public has
lost confidence in him as a leader, their recourse is a recall. Furthermore, GIUSTO, like
any public figure, is subject to media coverage.
Investigative Team Findings:
Administrative closure; does not constitute misconduct for purposes of DPSST standards.
1/16/2008
24)
Allegation 24: GIUSTO improperly directed his staff to check Complainant Robert
KIM in LEDS.
GIUSTO directed Todd SHANKS to look up Robert KIM in LEDS. In his letter dated
May 7, 2007, GIUSTO asserted that the basis for the Law Enforcement Data Systems
(LEDS) check was to determine if KIM posed a threat to the Sheriff and agency
members.197 Subsequent to this explanation DPSST sent an inquiry to LEDS to
determine if LEDS had concerns about the inquiry.198 LEDS Auditor Dan MALIN
responded in a letter dated July 2, 2007 in which he stated, . . . I did not find the LEDS
system was used inappropriately in this instance.199
In Auditor MALINs response to DPSST, MALIN questioned DPSSTs investigative
staffs use of the LEDS to run a similar check on KIM. In responding to this inquiry,
Director MINNIS provided a letter of explanation.200 On July 16, 2007, MALIN sent a
letter to MINNIS in which he stated, I appreciate Ms. KINGs description and
explanation of events and agree that these inquiries constitute appropriate use of
LEDS.201
Investigative Team Discussion: GIUSTO properly used LEDS.
Investigative Team Findings:
Administrative closure; does not constitute misconduct for purposes of DPSST standards.
197
Ex A3b
Ex A5a
199
Ex A5c
200
Ex Ah
201
Ex Ai
198
1/16/2008
202
Ex A1a
Ex A7
204
Ex A1b
205
Ex A3a
206
Ex A10
207
Ex A11
208
Ex A13a
209
Ex A13b
210
Ex A12
211
Ex A2a
212
Ex A2b
213
Ex A3b
214
Ex A8
203
1/16/2008
Ex A9a
Ex A9b
217
Ex A2c
218
Ex A9c - d
219
Ex A2d
220
Ex A1c
221
Ex A2e
222
Ex A61a-b
223
Ex A15a
224
Ex A16c
225
Ex A2f
216
1/16/2008
226
Ex A15f
Ex A2g
228
Ex A17a
229
Ex A17b
230
Ex A17c
231
Ex A17d
232
Ex A18a
233
Ex A22a
234
Ex A21a
235
Ex A23b
236
Ex A24b
237
Ex A18b
227
1/16/2008
Ex A2h
Ex A25a
240
Ex A26a
241
Ex A5a,5b
242
Ex A6a
243
Ex A19a-c
244
Ex A2i
245
Ex A2j
246
Ex A15g
247
Ex A5c-e
239
1/16/2008
July 3, 2007
KING/TWEEDT - on JEDDELOH license documents, et al248
KING research ORS 206.010 - .345
KING - Email to LEONHARDT with follow up questions249
KING Preparation of LEONHARDT Affidavit250
KING Preparation of LEDS inquiry to MINNIS response through LORANCE251
Email to/from KING/DOJ Watch Center locate on Debby KENNEDY252
July 5, 2007
KING Preparation of Timeline and Relationships flow chart development
KING Email Investigative Team Update253
KING Preparation of Interview Questions
July 6, 2007
ANGLEMIER Research statutory rape, statute of limitations
July 9, 2007
KING Email to/from SIMMONS polygraph examiner research
July 10, 2007
KING - Email to DOJ Watch Center for contact information on witnesses
KING - Email to/from MCCAIN on contact info for witnesses
KING Review LEONHARDTs signed Affidavit254
KING Memo to file, conversation with Derry YORK, polygraph examiner, provided
LEONHARDTs affidavit.
KING Email Investigative Team Update255
KING Investigative Team Agenda preparation256
TWEEDT Case Review
July 11, 2007
LORANCE/KING/TWEEDT/PARSONS/ANGLEMIER - Investigative Team Meeting257
KING - Email from DOJ Watch Center on contact info for witnesses
ANGLEMIER Case Review
TWEEDT Case Review
248
Ex A9e - g
Ex A15h I, j
250
Ex A15k-l
251
Ex A5f - g
252
Ex A20a - b
253
Ex A2l
254
Ex A15m
255
Ex A2m
256
Ex A2d
257
Ex A2n
249
1/16/2008
258
Ex A2o
Ex A5h
260
Ex A16c
261
Ex A20c
262
Ex A21c
263
Ex A22c
264
Ex A36a
265
Ex A1d
266
Ex A34a
267
Ex A5i
268
Ex A37a
269
Ex A29d
270
Ex A20d
271
Ex A6b
259
1/16/2008
Ex A2p
Ex A20e
274
Ex A22e
275
Ex A22b
276
Ex A21b
277
Ex A17e
278
Ex A19b
279
Ex A41a
280
Ex A40a
281
Ex A44a
282
Ex A43a
283
Ex A42a
284
Ex A19c
285
Ex A17f
273
1/16/2008
286
Ex A21d-e
Ex A22c
288
Ex A46a
289
Ex A45a
290
Ex A21f
291
Ex A22d
292
Ex A47a
293
Ex A48a
294
Ex A1e
295
Ex A21g
296
Ex A2q
297
Ex A19d
287
1/16/2008
Ex A50a
Ex A53a
300
Ex A38b
301
Ex A52a
302
Ex A51a
303
Ex A2r
304
Ex A22e
305
Ex A32b
306
Ex A24a
307
Ex A33d
308
Ex A16d
299
1/16/2008
Ex A2s
Ex A19e
311
Ex A2t
312
Ex A37b
313
Ex A16e
314
Ex A16f
315
Ex A55a
316
Ex A59a
317
Ex A25b
318
Ex A61a
319
Ex A19d
310
1/16/2008
320
Ex A23a
Ex A57a
322
Ex A58a
323
Ex A2u
324
Ex A2v
321
1/16/2008
Ex A54a
Ex A2w
327
Ex A6c
328
Ex A22f
329
Ex A2x
326
1/16/2008
Ex A20f
Ex A20g
332
Ex A65A
333
Ex A66a
334
Ex A67A
335
Ex A68a
336
Ex A2y
331
1/16/2008
Ex A4a
Ex A56c
339
Ex A64a
340
Ex A4a
341
Ex A2z
342
Ex A20h
343
Ex A49a
344
Ex A6d
338
1/16/2008
345
Ex A2aa
Ex A72c
347
Ex A72b
348
Ex A3d
349
Ex A69c, A69d
350
Ex A2bb
351
Ex A65c
352
Ex A70c
353
Ex A71c
354
A39c
355
Ex A66g
356
Ex A3c
346
1/16/2008
Ex A2cc
Ex A3C
359
Ex A6f
360
Ex A6g
361
Ex A27gg
362
Ex A27hh
363
Ex A6h
358
1/16/2008
Ex A73c
Ex A73d
366
Ex A63e
367
Ex A27kk
365
1/16/2008
1/16/2008
1/16/2008
Date
05 22 07, 07 16 07, 07 30 07
06 19 07
06 21 07
06 26 07
06 28 07
07 16 07, 07 18 07, 07 20 07
07 16 07
07 16 07
07 17 07
07 17 07, 08 09 07
07 26 07
07 26 07
07 26 07
07 26 07
07 26 07
07 26 07
07 27 07
07 27 07
07 30 07
07 30 07
07 30 07
08 01 07
08 02 07
08 02 07
08 02 07
08 02 07
08 06 07
08 06 07
08 06 07
08 08 07
1/16/2008
06 12 07, 08 09 07
08 09 07
08 09 07
08 09 07
08 09 07
08 13 07
08 13 07
08 13 07
08 13 07
08 16 07
09 05 07
09 17 07
09 17 07
10 01 07
10 01 07
10 04 07
10 03 07 email
10 04 07
10 04 07
10 04 07
10 04 07
1/16/2008
1/16/2008
368
Ex A62o
1/16/2008
1/16/2008
Determine the timeframe from when the interview was conducted until the article was
written (current memory)
10. Determine if the quotes accurately reflect the words of Giusto
11. Determine the context, such as, in response to a question, or other
9.
1/16/2008
1/16/2008
369
Ex A54a, p 3
Ex A45a, p 4
371
Ex A54a, p 5
372
Ex A54a, p 7
373
Ex A54a, p 7
374
Ex A54a, p 8
370
1/16/2008
Ex A54a, p 9
Ex A54a, p10
377
Ex A54a, p 12
378
Ex A54a, p 13
379
Ex A54a, p 14-15
380
Ex A54a, p 16
381
Ex A54a, p 17
376
1/16/2008
382
383
Ex A54a, p 18
Ex A54a, p 19
1/16/2008
1/16/2008
384
Ex A47a, p 3
Ex A47a, p 4
386
Ex A47a, p 6
387
Ex A47a, p 7
388
Ex A47a, p 9
389
Ex A47a, p 10
390
Ex A47a, p 10
385
1/16/2008
391
Ex A47a, p 11
Ex A47a, p 14
393
Ex A47a, p 15
394
Ex A47a, p 15-16
395
Ex A47a, p 17
396
Ex A47a, p 18
397
Ex A47a, p 8
398
Ex A47a, p 21
392
1/16/2008
399
Ex A69d
1/16/2008
1/16/2008
Ex A42a, p 3
Ex 42a, p 4-5
402
Ex 42a, p 6
403
Ex 42a, p 7-8
404
Ex 42a, p 9
401
1/16/2008
When asked why CHRISTIAN didnt go directly to McGILL after telling GIUSTO and
GRAHAM and CHRISTIAN stated, Because it wasnt a formal thing. . . things went away . . .it
stopped. CHRISTIAN continued to explain that he believed GRAHAM and GIUSTO probably
thought they should make his concerns an actual investigation, then McGILL got interviewed
and then everything went to shit.. . .Im the jackass now for trying to do the right thing.405
When asked who contacted McGILL, CHRISTIAN thought perhaps it was Jennifer OTT. When
asked what the gist of their conversation was, CHRISTIAN stated he did not know.
When asked if McGILL told him that OTT had spoken with her, CHRISTIAN stated she did, but
McGILL did not know at the time that he had told GIUSTO and GRAHAM about his concerns.
CHRISTIAN stated that afterwards he thought about it for a little bit and said, Oh shit, just go
in and tell her.406
When asked what he had observed between McGILL and GIUSTO, he stated nothing. When
asked if he saw GIUSTO speaking to McGILL, CHRISTIAN stated, no. When asked if
McGILL told him individually or in a group setting about what had occurred between her and
GIUSTO, CHRISTIAN first stated that it was difficult to remember. CHRISTIAN then asked
that the tape recorder be turned off. When asked why he was uncomfortable with the tape being
on, CHRISTIAN stated he just wanted to throw something out.407
OFF TAPE
Taken from KINGs notes: CHRISTIAN stated that in his opinion McGILL was a drama queen
and that she sought attention from his co-workers. CHRISTIAN stated that because McGILL
was a drama queen he perceived that she was going to bring the unit under scrutiny.
BACK ON TAPE
When asked if McGILL ever called a group of detectives or deputies together to share her
concerns, but then stated she wanted to handle it on her own, CHRISTIAN stated that McGILL
never stated she was concerned, but did say she could handle this on her own. She stated, No, I
can take care of it myself..408
CHRISTIAN asked to go OFF TAPE
Taken from KINGs notes: CHRISTIAN stated that he was aware of a group of disgruntled
employees who were seeking out some of the newer members of the agency. At one point a new
deputy came to him for advice about whether to join this group of disgruntled employees.
CHRISTIAN identified Jose TORRES as a leader of the group of disgruntled employees and
stated that he was an angry guy.
405
Ex 42a, p 10
Ex A42,a, p 11
407
Ex A42a, p 12
408
Ex 42a, p 13
406
1/16/2008
409
Ex A42a, p 15
Ex A42a, p 16
411
Ex A42a, p 19
412
Ex A42a, p 20
413
Ex A432a, p 21
410
1/16/2008
414
Ex A42a, p 24
Ex A42a, p 27
416
Ex A42a, p 29
417
Ex A42a, p 31
415
1/16/2008
1/16/2008
Ex A46a, p 3
Ex A46a, p 4
420
Ex A46a, p 5
421
Ex A46a, p 6
422
Ex A46a, p 7
423
Ex A46a, p 8
424
Ex A46a, p 9
419
1/16/2008
425
Ex A46a, p 10
Ex A46a, p 11
427
Ex A46a, p 15
428
Ex A46a, p 12
429
Ex A46a, p 15
430
Ex A46a, p 16
426
1/16/2008
1/16/2008
431
Ex A72b, p 2
Ex A72b, p 4-5
433
Ex A72b, p 6
434
Ex A72b, p 6, line 22
435
Ex A72b, p 7
436
Ex A72b, p 14
432
1/16/2008
1/16/2008
1/16/2008
Ex A64a, p 2
Ex A64a, p 3-4
439
Ex A64a, p 5
440
Ex A64a, p 6
441
Ex A64a, p 7-8
442
Ex A64a, p 9
443
Ex A64a, p 10
438
1/16/2008
444
Ex A64a, p 14
Ex A64a, p 15
446
Ex A64a, p 17
445
1/16/2008
1/16/2008
1/16/2008
447
Ex A44a, p 5
Ex A44a, p 15
449
Ex A44a, p 9
450
Ex A44a, p 11-12
448
1/16/2008
1/16/2008
1/16/2008
1/16/2008
1/16/2008
1/16/2008
1/16/2008
Ex A3d, p 3
Ex A3d, p 4
453
Ex A3d, p 5
454
Ex A3d, p 6
455
Ex A3d, p 7
456
Ex A3d, p 8
457
Ex A3d, p 10
452
1/16/2008
Ex A3d, p 11
Ex A3d, p 12
460
Ex A3d, p 13
461
Ex A3d, p 14
462
Ex A3d, p 15
463
Ex A3d, p 16
464
Ex A3d, p 17
465
Ex A3d, p 18
466
Ex A3d, p 19
459
1/16/2008
Ex A3d, p 20
Ex A3d, p 22
469
Ex A3d, p 23
470
Ex A3d, p 24
471
Ex A3d, p 25
472
Ex A3d, p 26
473
Ex A3d, p 27
468
1/16/2008
Ex A3d, p 28
Ex A3d, p 28
476
Ex A3d, p 29
477
Ex A3d, p 31
478
Ex A3d, p 32
479
Ex A3d, p 33
480
Ex A3d, p 37
481
Ex A3d, p 37, line 20
482
Ex A3d, p 38
475
1/16/2008
Ex A3d, p 38
Ex A3d, p 41
485
Ex A3d, p 42
486
Ex A3d, p 44
487
Ex A3d. p 47
488
Ex A3d, p 48
489
Ex A3d, p 49
484
1/16/2008
490
Ex A3d, p 50
Ex A3d, p 51
492
Ex A3d, p 52
493
Ex A3d, p 53
494
Ex A3d, p 54
495
Ex A3d, p 55
496
Ex A3d, p 56
497
Ex A3d, p 57
491
1/16/2008
Ex A3d, p 60
Ex A3d, p 62
500
Ex A3d, p 63
501
Ex A3d, p 64
502
Ex A3d, p 65
503
Ex A3d, p 66
504
Ex A3d, p 67
499
1/16/2008
Ex A3d, p 68
Ex A3d, p 70
507
Ex A3d, p 71
508
Ex A3d, p 72
509
Ex A3d, p 73
510
Ex A3d, p 74
511
Ex A3d, p 75
506
1/16/2008
PARSONS told GIUSTO that GRAHAM was contacted by staff about the DUII and the DV and
it was at that point that GRAHAM stated he had gone to GIUSTOs office and told him about the
criminal activity and that GIUSTO had approved the application after GRAHAM had spoken to
him. GIUSTO recalled the conversation and stated that [GRAHAM] could have, that he should
not have signed the application, that he should have taken a closer look at it or paid closer
attention to GRAHAM. GIUSTO then stated that the application was not complete because
JEDDELOH had not paid his $25 nor had he been fingerprinted; the application was never
issued.512
KING asked GIUSTO how may applications he had personally signed and GIUSTO thought the
JEDDELOH application was the only one. When asked if an application had come to him for
signature would that have been a red flag, GISUTO stated no, because once in awhile the staff
gets little things backwards . . .513 When asked if GIUSTO helped others getting their licenses,
GIUSTO stated he had not helped out, he just gave one instruction to deliver a permit. When
asked in those cases when the staff received the same message, if they brought it back to
GIUSTO, he stated that because GRAHAM had carried the application back, it may have sent a
different message to people. GIUSTO then stated that as sheriff he can issue a handgun license
to anybody he wants to, outside of mental illness.514, 515
When KING asked if GRAHAM was correct if he were to have told investigators that when he
reviewed JEDDELOHs file and saw the DV and the DUII that he came to GIUSTO and
provided a verbal rundown of the criminal history and then asked that GIUSTO review the
criminal history after GRAHAM had specifically identified the DUII diversion and a DV
incident, GIUSTO stated it would be partly incorrect; that GRAHAM did state you might want
to take a look at this.516 When asked if GRAHAM had told GIUSTO that there was a DUII
diversion and a DV, GIUSTO stated no, then stated GRAHAM said there was a DUII diversion,
but that he did not remember when he found out that MCSO does not issue on DUII
diversions.517 When asked if GRAHAM were to have told investigators that in his very first
contact with GIUSTO after getting the file from records he told GIUSTO specifically that
[JEDDELOH] had a DUII diversion and a DV incident, if GRAHAM was incorrect, GIUSTO
stated he did not remember, that he remembered GRAHAM saying, You might want to take a
closer look at this. When asked if GIUSTO recalled GRAHAM telling him that he was not
going to sign the application and that if GIUSTO wanted it done he would have to sign it
himself, GIUSTO did not recall the conversation in those terms, but stated he could have. 518
Ten minute break.
Back on the record, GIUSTO was asked about his time as the Chief of Police at Gresham Police
Department and whether he knew Gresham city council women. GIUSTO stated he did and
512
Ex A3d, p 76
Ex A3d, p 77
514
Ex A3d, p 79
515
Ex A6l, Concealed handgun licenses statutory authority; law differs from GIUSTOs assertion
516
Ex A61, p 80
517
Ex A3d, p 80
518
Ex A3d, p 81
513
1/16/2008
Ex A3d, p 84
Ex A3d, p 86
521
Ex A3d, p 87
522
Ex A6k Criminal conduct, as affected by the statute of limitations; law differs from GIUSTOs assertion
523
Ex A3d, p 89
524
Ex A3d, p 90
525
Ex A3d, p 92
520
1/16/2008
529
When asked if GIUSTO had any personal papers of Mrs. JEDDELOHs that he copied using a
county copy machine, or fax, GIUSTO stated no.530
When advised that LEONHARDT provided an affidavit and took a polygraph and that
investigators were offering GIUSTO the same opportunity, GIUSTO declined.531
GIUSTO, MCCAIN, KING and PARSONS discussed the next process steps and administrative
rules. GIUSTO also addressed why he had asked Todd SHANKS to run KIM through LEDS.532
526
Ex A3d, p 95
Ex A3d, p 96
528
Ex A3d, p 97
529
Ex A3d, p 98
530
Ex A3d, p 99-100
531
Ex A3d, p 100-101
532
Ex A3d, p 101-106
527
1/16/2008
533
Ex A 65c, p 2-3
1/16/2008
1/16/2008
Ex A17g, p 3
Ex A17g, p 4
536
Ex A17g, p 7
537
Ex A17g, p 11
538
Ex A17g, p 12
539
Ex A17g, p 15
540
Ex A17g, p 16
541
Ex A17g, p 18
535
1/16/2008
542
Ex A17g, p 19
Ex A17g, p 21
544
Ex A17g, p 23
545
Ex A17g, p 26-27
546
Ex A17g, p 29
543
1/16/2008
1/16/2008
1/16/2008
Ex A21g, p 3
Ex A21g. p 9
549
Ex A21g, p 5
550
Ex A21g. p 6
551
Ex A21g, p 7
552
Ex A21g, p 8
553
Ex A21g, p 9
548
1/16/2008
When asked if GIUSTO was ever involved in any of the negotiations, Margie GOLDSCHMIDT
stated he was not.554 Margie GOLDSCHMIDT stated that the negotiations occurred after Neil
GOLDSCHMIDT had left office, and after their divorce.555
When asked about LEONHARDTs assertion that he and his wife socialized with Margie
GOLDSCHMIDT and GIUSTO and Ted KULONGOSKI and his wife Mary, she stated that they
did. Margie GOLDSCHMIDT then stated that those are the kind of things that GIUSTO doesnt
necessarily remember because he has a male brain.556
When asked if she did a lot of entertaining and whether GIUSTO may not recall who was at a
particular party, Margie GOLDSCHMIDT stated he wouldnt necessarily remember but added
that they were together for fifteen years and that she has always done a lot of entertaining.557
When asked if the LEONHARDTS were close friends of hers, Margie GOLDSCHMIDT, stated
that they were not. Margie GOLDSCHMDT pointed out that LEONHARDT has not had a job
since he was Neil GOLDSCHMIDTs speech writer, and that he is very angry because he didnt
get hired by the governor to be his speech writer. Margie GOLDSCHMIDT stated she does not
think that GIUSTO and LEONHARDT saw each other socially alone much at all. Margie
GOLDSCHMIDT characterized the relationship with the LEONHARDTS as part of Neils
office staff. . .in that sense. . .everybody socialized together. . . .they were not close friends to
Neil. . .we were all an office staff family.558
When asked if LEONHARDT shared the same relationship with Neil GOLDSCHMIDT that he
did with Margie GOLDSCHMIDT after the GOLDSCHMIDTS were divorced and after they had
left office, Margie GOLDSCHMIDT stated the relationship was more with her. When asked if
she socialized with Christy LEONHARDT, Margie GOLDSCHMIDT recalled a time that they
were all at a dinner with the governor and described it as partly because she wanted a chance to
talk to the governors wife, Mary; and that she is friends with her.559 Margie GOLDSCHMIDT
stated at that party there were only the six of them and that the conversation was focused on Ted
KULONGOSKI running for office.560
When asked if she thought Fred LEONHARDT had any animosity toward Neil
GOLDSCHMIDT, Margie GOLDSCHMIDT stated he had animosity toward the whole world,
and that Fred is just an angry person. Margie GOLDSCHMIDT stated that after Neil
GOLDSCHMIDT left office, Fred LEONHARDT was asked to write some speeches, which he
did, but later Neil GOLDSCHMIDT ended up handling his own matters.561
554
Ex A21g, p 10
Ex A21g, p 11
556
Ex A21g, p 12
557
Ex A21g, p 13
558
Ex A21g, p 14
559
Ex A21g, p 15
560
Ex A21g, p 16
561
Ex A21g, p 17
555
1/16/2008
562
Ex A21g, p 19
Ex A21g, p 22
564
Ex A21g, p 22
565
Ex A21g, p 25
566
Ex A21g, p 27
567
Ex A21g, p 31
568
Ex A21g, p 32
569
Ex A21g, p 33
563
1/16/2008
570
571
Ex A21g, p 34
Ex A21g, p 38
1/16/2008
1/16/2008
1/16/2008
1/16/2008
572
Ex A 37a, p 3
Ex A37a, p 4
574
Ex A37a, p 5
575
Ex A37a, p 6
576
Ex A37a, p 7
577
Ex A37a, p 8
578
Ex A37a, p 10
573
1/16/2008
Ex A37a, p 11
Ex A37a, p 12
581
Ex A37a, p 13
582
Ex A37a, p 14
583
Ex A37a, p 15; p 38-39
584
Ex A37a, p 16
585
Ex A37a, p 17
586
Ex A37a, p 18
587
Ex A37a, p 19 20
580
1/16/2008
588
Ex A37a, p 21-27
Ex A37a, p 28-29
590
Ex A37a, p 30
591
Ex A37a, p 33
592
Ex A37a, p 34-36
593
Ex A37a, p 37
594
Ex A37a, p 41-42
589
1/16/2008
595
Ex A37b, p 2-3
Ex A37b, p 3
597
Ex A37b, p 4-5
596
1/16/2008
1/16/2008
598
Ex A57a, p 3
Ex A57a, p 5
600
Ex A57a, p 6
599
1/16/2008
601
ExA57a, p 7
1/16/2008
Ex A66g, p 2-3
Ex A66g, p 4
1/16/2008
604
A66g, p 5
Ex A66g, p 6
606
Ex A66g, p 7
607
Ex A66g, p 8
608
Ex A66g, p 9
609
Ex A66g, p 10
610
Ex A66g, p 11
605
1/16/2008
611
Ex A66g, p 12
Ex A66g, p 13
613
Ex A66g, p 14
614
Ex A66g, p 15
615
Ex A66g, p 16
616
Ex A66g, p 17
612
1/16/2008
1/16/2008
617
Ex A24a, p 2
Ex A24a, p 3
619
Ex A4a, p 4
620
Ex A24a, p 5-6
621
Ex A24a, p 7
622
Ex A24a, p 8-9
623
Ex A24a, p 9
624
Ex A24a, p 11
618
1/16/2008
625
Ex A24a, p 14
Ex A24a, p 16
627
Ex A24a, p 17
628
Ex A24a, p 19
626
1/16/2008
1/16/2008
629
Ex A32b, p 2
Ex A32b, p 3
631
Ex A32b, p 4
632
Ex A32b, p 4-6
633
Ex A32c
630
1/16/2008
1/16/2008
Ex. A23a, p 3
Ex A23a, p 4
636
Ex A23a, p 5
637
Ex A23a, p 6
638
Ex A23a, p 8
639
Ex A23a, p 9
640
Ex A23a, p 11
635
1/16/2008
KANTOR stated that he found out about GIUSTO and Margie GOLDSCHMIDT later in
the [GOLDSCHMIDT] administration.641
KANTOR stated he had never spoken to Ruth Ann DODSON. KANTOR stated that he
chalked what LEONHARDT had told him up to another one of the rumors, and when
he found out about GIUSTO dating Margie GOLDSCHMIDT, he thought GIUSTO could
have been spreading the rumor because he was angry with Neil GOLDSCHMIDT.642
KANTOR stated he was present at the Dakota Caf, along with LEONHARDT and
GOLDSCHMIDT but stated, I dont remember the woman,643 asserting it was dark
and people would see GOLDSCHMIDT and approach him. KANTOR did recall
LEONHARDT later telling him that the woman approached them,644 but that he would
not have known who she was at the time. KANTOR did recall LEONHARDT
identifying a woman as the one that GIUSTO had told him GOLDSCHMIDT was
involved with. KANTOR recalled that the general timeframe for this conversation was
between 1989 and 1991.645 KANTOR also recalled that LEONHARDT pointed the
woman out to him within months of them visiting the Dakota Caf.646 KANTOR
surmised that because GIUSTO was with Margie GOLDSCHMIDT, she apparently told
him and then LEONHART got the information from GIUSTO.647 KANTOR stated that
he did not believe what LEONHARDT had told him until Neil announced that it was
true.648
KANTOR stated that he and LEONHARDT had a conversation on the day that the
GOLDSCHMIDT story hit the news.649 KANTOR recalled LEONHARDT being very
angry at GOLDSCHMIDT and at KULONGOSKI. When asked why LEONHARDT
would be mad at KULONGOSKI, KANTOR said it was because KULONGOSKI had
appointed GOLDSCHMIDT to the Higher Ed board even though he had told
KULONGOSKI about GOLDSCHMIDTs crimes earlier.650
KANTOR stated that he has no reason to believe that anything that hes
[LEONHARDT] saying is inaccurate. KANTOR said that LEONHARDT was an
emotional person and had been upset at KULONGOSKI because he felt he was treated
poorly and that when they would get together, the conversation would always gravitate to
someplace where he would then become angry.651 KANTOR stated LEONARDT was
641
Ex A23a, p 12
Ex A23a, p 13
643
Ex A23a, p 15
644
Ex A23a, p 16
645
Ex A23a, p 17-18
646
Ex A23a, p 20
647
Ex A23a, p 21
648
Ex A23a, p 21
649
Ex A23a, p 22
650
Ex A23a, p 23
651
Ex A23a, p 26
642
1/16/2008
Ex A23a, p 28
Ex A23a, p 30
654
Ex A23a, p 01
655
Ex A23a, p 32
656
Ex A23a, p 33
657
Ex A23a, p 34
658
Ex A23a, p 35
659
Ex A23a, p 36
653
1/16/2008
660
Ex A23a, p 37
Ex A23a, p 39
662
Ex A23a, p 40
663
Ex A23a, p 41
661
1/16/2008
1/16/2008
Ex A20d, p 2
Ex A20d, p 3,5
666
Ex A20d, p 4,
667
Ex A20d, p 6
668
Ex A20d, p 8
669
Ex A20d, p. 9
670
Ex A20d, p 10
671
Ex A20d, p 11
672
Ex A20d, p 12
673
Ex A20d, p 12
665
1/16/2008
Ex A20d, p 13
Ex A20d, p 14
676
Ex A20d, p. 16, 22, 23
677
Ex A20d, p 19
678
Ex A20d, p 20
679
Ex A20d, p 21
680
Ex A20d, p 22
681
Ex A20d, p 24
675
1/16/2008
682
Ex A20e, p 2-3
Ex A20e, p 4
684
Ex A20e, p 5
685
Ex A20e, p 7
686
Ex A20e, p. 8
687
Ex A20e, p 9
688
Ex A20e, p 11
689
Ex A20e, p. 13
690
Ex A20e, p 14
683
1/16/2008
1/16/2008
1/16/2008
1/16/2008
1/16/2008
When asked about KIMs allegation of failure to investigate misconduct against a law
enforcement sergeant involved with another members wife, KIM indicated he would come back
to this issue.
KIM stated that in the next allegation, a female sergeant was reprimanded for something that she
did not do because someone did not like her. KIM asserted that the basis of the allegations
involved misuse of leave time and the female sergeant ended up filing a grievance, hired a
female attorney and that it turned out that it was not her fault.702 KIM stated he had received
691
Ex A1c, p 1
Ex A1c, p. 2
693
Ex A1c, p9
694
Ex A1c, p 5
695
Ex A1c, p 8
696
Ex A1c, p 10
697
Ex A1c, p 13
698
Ex A1c, p15
699
Ex A1c, p 16
700
Ex A1c, p 18
701
Ex A1c, p 17
702
Ex A1c, p 20
692
1/16/2008
Ex A1c, p 22
Ex A1c, p 23
705
Ex A1c, p 25
706
Ex A1c, p 27
707
Ex A1c, p 28
708
Ex A1c, p 30-31
709
Ex A1c, p 30
710
Ex A1c. p 33
711
Ex A1c. p. 33
712
Ex A1c, p 34
713
Ex A1c, p 36
704
1/16/2008
714
Ex A1c, p 38
Ex A1c, p 38-42
716
Ex A1c, p 44-48
717
Ex. A1c, p.53
718
Ex A1c, p 60
719
Ex A1c, p 63
720
Ex A1c, p 63
721
Ex A1c, p. 69
722
Ex A1c, p 72
723
Ex A1c, p 75
715
1/16/2008
724
Ex A1c, p 66
Ex A1c, p 74
726
Ex A1c, p 75-77
727
Ex A1c, p 80
728
Ex A1c, p 82
729
Ex A1c, p 84
730
Ex A1c, p 85
731
Ex A1c, p 90
732
Ex A1c, p 85
733
Ex A1c, p 90
734
Ex A1c, p 91
725
1/16/2008
735
736
Ex A1c, p 96
Ex A1c, p 98
1/16/2008
737
738
Ex A1d
Ex A1e
1/16/2008
1/16/2008
1/16/2008
739
Ex A63b
Ex A63a
741
Ex A63b and A63c
740
1/16/2008
KULONGOSKI declined to provide his answers in the form of an affidavit. KULONGOSKI did
provide an unsigned type-written response.744
742
Ex A63d
Ex A63d
744
Ex A63d
743
1/16/2008
1/16/2008
Ex A29d,p 3
Ex A29d, p 4
747
Ex A29d, p 5
748
Ex A29d, p 6
749
Ex A29d, p 7
750
Ex A29d, p 8
746
1/16/2008
Ex A29d, p 9
Ex A29d, p 10
753
Ex A29d, p 10
754
Ex A29d, p 11 -13
755
Ex A29d, p 15
756
Ex A29d, p 15-16
757
Ex A29d, p. 16-17
752
1/16/2008
758
Ex A29d, p 18
Ex A29d, p 19
760
Ex A29d, p 20
761
Ex A29d p. 20
762
Ex A29d, p 21
763
Ex A29d, p 22
764
Ex A29d, p234
765
Ex A29d, p 25
766
Ex A29g
759
1/16/2008
1/16/2008
767
Ex A15f, p3
Ex A15f, p 4
769
Ex A15f, p3
770
Ex A15f, p 4
771
Ex A15f, p 6
772
Ex A15F, P 6
768
1/16/2008
773
Ex A15f, p 8
Ex A15f, p 10
775
Ex A15f, p 12
776
Ex A15f, p 13
777
Ex A15f, p 14
774
1/16/2008
Ex A15f, p 15
Ex A15f, p 16
780
Ex A15f, p 17
781
Ex A15f, p 18
782
Ex A15f, p 19
783
Ex A15f, p 20
784
Ex A15f, p 21
779
1/16/2008
Ex A15f, p 22
Ex A15f, p 23
787
Ex. A15f, p 24
788
Ex A15f, p 25
789
Ex A15f, p 26
790
Ex A15f, p 27
791
Ex A15f, p 28
792
Ex A15f, p 29
786
1/16/2008
Ex A15f, p 30
Ex A15f, p 31
795
Ax A15f, p 32
796
Ex A15f, p 33
797
Ex A15f, p 34
794
1/16/2008
798
Ex A15f, p 36
Ex A15f, p 37
800
Ex A15f, p 39
801
Ex A15f, p 40
802
Ex A15f, p 41
799
1/16/2008
Ex A15f, p 43
Ex A15f, p 44
805
Ex A15f, p 46
806
Ex A15f, p 47
807
Ex A15f, p 48
808
Ex A15f, p 49
804
1/16/2008
809
Ex A15f, p 50
Ex A15f, p 52
811
Ex A15f, p. 53
812
Ex A15m
813
Ex A30c
810
1/16/2008
1.
2.
3.
4.
5.
6.
7.
8.
Determine the timeframe from when the interview was conducted until the article was
written (current memory)
10. Determine if the quotes accurately reflect the words of Giusto
11. Determine the context, such as, in response to a question, or other
9.
814
Ex A12.99
1/16/2008
815
Ex A27kk
Ex. A26a, p 4
817
Ex A26a, p 5
818
Ex A26a, p 6
816
1/16/2008
1/16/2008
1/16/2008
819
Ex A43a, p 3-4
Ex A43a, p 5
821
Ex A43a, p 6
822
Ex A43a, p 9
820
1/16/2008
823
Ex A43a, p 10
Ex A43a, p 11
825
Ex A43a, p 12
826
Ex A43a, p 13
827
Ex A43a, p 17
828
Ex A43a, p 18-19
829
Ex A43a, p 19
824
1/16/2008
1/16/2008
830
Ex A33d, p 5
Ex A33d, p 7
832
Ex A33d, p 8
831
1/16/2008
833
Ex A59a, p 6
Ex A59a, p 9
835
Ex A59a, p 11
836
Ex A59a, p 13
837
Ex A59a, p 15
834
1/16/2008
1/16/2008
Ex A 16e, p 4
Ex A16e, p 7
840
Ex A16e, p 8
841
Ex A16e, p 9
842
Ex A16e, p 10
843
Ex A16e, p 11
844
Ex A16E, p 12
845
Ex A16e, p 13
839
1/16/2008
When asked how she worked with GIUSTO, NAITO stated that they worked together but also
had their differences. NAITO stated that after a number of incidents occurred at MCSO jail, she
asked former Sheriff Noelle to provide her with some insights into the current conditions846,
particularly relating to overtime and finances. NAITO characterized her relationship with
GIUSTO as a positive working relationship. When in doubt, NAITO confers with the county
attorney to see what her appropriate role is, yet understands that each commissioner is
independent and a part of a policy board. NAITO stated she takes her role very seriously and she
will not shy away from issues. NAITO stated that there are times that she has questioned
GIUSTO, but that she has found him to be a team player; she and GIUSTO have agreed more
often than they have disagreed.847 When asked, NAITO stated she does not remember ever
meeting JOSE TORRES.
End of interview.
846
847
Ex A16e, p 14, p 17
Ex A16e, p 20
1/16/2008
1/16/2008
1/16/2008
848
Ex A39c, p 4
Ex A39c, p 5
850
Ex A39c, p 6
851
Ex A39c, p 7
852
Ex A39c p 8
853
Ex A39c, p 9
854
Ex A39c, p 10
855
Ex A39c, p 11
856
Ex A39c, p 12
849
1/16/2008
857
Ex A39c, p 13
Ex A39c, p 13
859
Ex A39c, p 14
860
Ex A39c, p 15
861
Ex A39c, p 16
862
Ex A39c, p 17
863
Ex A39c, p 18
864
Ex A39c, p 19
865
Ex A39, p 20
858
1/16/2008
866
Ex A70c, p 2-3
1/16/2008
Ex A51a, p 3
Ex A51a, p 4
869
Ex A51a, p 5
868
1/16/2008
870
Ex A51a, p 6
Ex A51a, p 9
872
Ex A51a, p 9
873
Ex A51a, p 10
874
Ex A51a, p 13
875
Ex A51a, p 14
876
Ex A51a, p 15-18
877
Ex A51a, p 18-21
878
Ex A51a, p 22-23
879
Ex A51a, p 24-25
871
1/16/2008
1/16/2008
1/16/2008
880
Ex A56c, p 4
Ex A56c, p 5
882
Ex A56c, p 6
883
Ex A56c, p 7
884
Ex A56c, p 8
885
Ex A56c, p 9
881
1/16/2008
Ex A56c, p 11
Ex A56c, p 13
888
Ex A56c, p 14
889
Ex A56c, p 17-19
890
Ex A56c, p 20
891
Ex A56c, p 21
887
1/16/2008
892
Ex A56c, p 24
Ex A56c, p 26-27
894
Ex A56c, p 30
893
1/16/2008
1/16/2008
Ex A25b, p 2
Ex A25b, p 3
897
Ex A25b, p 4
898
Ex A25b, p 5
899
Ex A25b, p 6
900
Ex A25b, p 7
896
1/16/2008
1/16/2008
901
Ex A58a, p 5
Ex A58a, p 6
903
Ex A58a, p 8
902
1/16/2008
1/16/2008
904
Ex A 40a, p 3
Ex A40a, p 5
906
Ex A40a, p 6
907
Ex A40a, p 6-11
908
Ex A40a, p 12
909
Ex A40a, p 13
910
Ex A40a, p 14
911
ExA40a, p 15-16
905
1/16/2008
912
Ex A40a, p 17
Ex A40a, p 18
914
Ex A40a, p 19
915
Ex A40a, p 20-21
916
Ex A40a, p 23
913
1/16/2008
1.
2.
3.
4.
5.
6.
7.
8.
Determine the timeframe from when the interview was conducted until the article was
written (current memory)
10. Determine if the quotes accurately reflect the words of Giusto
11. Determine the context, such as, in response to a question, or other
9.
1/16/2008
1/16/2008
917
Ex A60a, p 3
Ex A60a, p 4
919
Ex A60a, p 4
920
Ex A60a, p 5
921
Ex A60a, p 6
922
Ex A60a, p 8
918
1/16/2008
923
Ex A60a, p 9 - 11
Ex A60a, p 12
925
Ex A60a, p 14
926
Ex A60a, p 15
924
1/16/2008
1/16/2008
927
928
Ex A41a, p 3
Ex A41a, p 4
1/16/2008
1. DPSST asks for the names and contact information of any sources that can provide
first-hand factual information in this matter.
2. In the alternative, DPSST asks that you contact your sources, if any, and ask that they
contact us.
1/16/2008
1/16/2008
100.
Background:
SHANKS is the MCSO Union President for the law enforcement side. SHANKS was contacted
by investigators regarding limited confidentiality of the KIM sources.
1. Can you assist in identifying the KIM sources?
2. MCSO MCCAIN/GIUSTO agree not to seek identity of sources unless contested case
hearing
3. If sources do not come forward, investigators may need to seek to identify them
1/16/2008
101.
On July 16, 2007, KING made telephone contact with SHANKS for the purpose of determining
if the Union could or would provide assistance with identifying KIMs sources.
KING identified a number of allegations that KIM had made against GIUSTO, and that his
information was not first-hand but that KIM was asserting his three MCSO sources did have
first-hand information. KING related to SHANKS that, according to KIM, the MCSO sources
were fearful of retaliation, therefore did not want to be identified.929
KING advised SHANKS that investigators had contacted GIUSTOs office and MCCAIN had
assured KING that they [GIUSTO] would not ask for the identities of the deputies or personnel
up until and unless the case went to a contested case hearing.930
KING advised SHANKS that KIM had provided certain identifiers that may lead to the sources
discovery, in lieu of them coming forward. When provided with the two options of determining
who KIMs sources were, KING asked if SHANKS could or would assist in the process.
SHANKS first asked whether it had been determined if the sources were from the law
enforcement side or the corrections side; there were two different unions representing them.931
KING expressed that it appeared the sources were from the law enforcement side.
KING advised that she wanted to return to KIM and provide him the opportunity to contact his
friends and advise them of the partial confidentiality agreement, but was checking with
SHANKS, for his thoughts. SHANKS indicated that he was not interested in entertaining the
notion of either assisting in the investigation or identifying his members. When KING explained
the concern to protect an individual concerned about retaliation, SHANKS stated if the sources
were worried about retaliation they could obtain an attorney.
End of conversation
929
Ex A 36a, p32
Ex A36a, p 3-4
931
Ex A36a, p 7-9
930
1/16/2008
102.
1. DPSST asks for the names and contact information of any sources that can provide
first-hand factual information in this matter.
2. In the alternative, DPSST asks that you contact your sources, if any, and ask that they
contact us.
103.
(Ex A12.98) Giusto didnt know about the substance of the story until he read about it in the
papers . . . he cant remember when, or even if, he had hard [the rumor] . . .
1. Identify the newspaper article by date and title
2. Confirm the author
3. Determine if there was more than one author
4. Determine if the author is the individual who interviewed Giusto, if not who was
5. Determine if the interview was conducted via phone or in person
6. Determine if there were any other individuals present during the interview
7. Determine if the interview was recorded; and if so, if the recording has been retained
8. Determine if there were notes of the conversation taken and if so, who took the notes,
and if retained
Determine the timeframe from when the interview was conducted until the article was
written (current memory)
10. Determine if the quotes accurately reflect the words of Giusto
11. Determine the context, such as, in response to a question, or other
9.
1/16/2008
104.
Background:
STELLE has been a chaplain for MCSO since 1983. Prior to that he spent approximately 30
years with PPB as a chaplain.
1.
2.
3.
4.
1/16/2008
105.
Chaplain Ed STELLE Interview Summary
On July 16, 2007, PARSONS conducted a telephonic interview with STELLE. The purpose of
the interview was fact-finding regarding an allegation that STELLE, his employment, or his
position had suffered as a result of GIUSTO bringing in a female chaplain with whom he had a
personal relationship.
When advised that there had been a complaint that when STELLE was working full time as a
chaplain a female friend of GIUSTO, a volunteer chaplain, was then brought in, causing
STELLEs employment to be cut to half time, STELLE commented that the complaint was only
partially true.932
STELLE said he had been with MCSO since 1983 and that he was not working for the money,
but for his ministry; he has never been a full-time employee.933 STELLE said that he had
developed the jail program into a large program. STELLE said GIUSTO did have a female
friend who was a chaplain and asked STELLE to interview her, which he did.934 The female
chaplain went through training. At some point GIUSTO told STELLE that he wanted him to
focus full-time on the law enforcement side, to which STELLE agreed. STELLE stated that
MCSO is currently paying him half time but reiterated that he is not there for the money.
STELLE said that GIUSTO encouraged him not to leave the program, but to cut back, and
GIUSTO was having a staff person become the organizer of the program. STELLE said that
although he did leave the jail side, GIUSTO never changed anything with him regarding his
vehicle, or the amount of money he was being paid.935 STELLE stated he has never received
benefits such as a health plan or pension, so they were not an issue.
STELLE stated that in July [2006] GRAHAM told him that there was no more money and
STELLE told GRAHAM that was fine, that he was ready to go.936 Later, GIUSTO contacted
STELLE and told him that [MCSO] really did not want him to leave, because there was so much
going on. GIUSTO told STELLE that because of budget issues, they were making cuts.
STELLE stated that GIUSTO told him that because his deputies relied upon him, GIUSTO did
not want STELLE to leave. STELLE characterized GIUSTO as being decent toward him.937
When asked who the female chaplain was, STELLE could not recall her name, and stated she
was no longer around. STELLE believed that Catherine MOYER ran the corrections chaplain
program.938 STELLE reiterated that the female chaplain, who had been on the corrections side,
probably three years ago, was probably not there anymore.939 When asked how long after the
female volunteer came along STELLE was transferred from [corrections] to [law enforcement]
he estimated it was nine months to a year. STELLE then stated it was a relief for him because he
932
Ex A34a, p 3
Ex A34a, p4
934
Ex A 34a, p5
935
Ex A34a, p 6
936
Ex A34a, p 7
937
Ex A34a, p 9
938
Ex A34a, p 10
939
Ex A34a, p 11
933
1/16/2008
940
941
Ex A34a, p 13
Ex A34a, p 14
1/16/2008
106.
1. DPSST asks for the names and contact information of any sources that can provide
first-hand factual information in this matter.
2. In the alternative, DPSST asks that you contact your sources, if any, and ask that they
contact us.
(Ex A12.6) It was all very vague some gal, some time, some place, he told The Oregonian
in 2004, describing one conversation with Leonhardt.
(Ex A12.32) Giusto said Thursday that he had been unaware of allegations of domestic violence
when he signed the license.
(ExA12.116) In February 2005, Giusto approved Jeddelohs application for the concealed
handgun permit. He later said he had done so before learning Jeddeloh had a drunken driving
conviction. . . In a July 23, 2005, interview with The Oregonian, Giusto was asked about
traveling to Seattle with Doss in May 2005. I didnt take a trip to Seattle, he said.
Identify the newspaper article by date and title
Confirm the author
Determine if there was more than one author
Determine if the author is the individual who interviewed Giusto, if not who was
Determine if the interview was conducted via phone or in person
Determine if there were any other individuals present during the interview
Determine if the interview was recorded; and if so, if the recording has been retained
Determine if there were notes of the conversation taken and if so, who took the notes,
and if retained
9. Determine the timeframe from when the interview was conducted until the article was
written (current memory)
10. Determine if the quotes accurately reflect the words of Giusto
11. Determine the context, such as, in response to a question, or other
1.
2.
3.
4.
5.
6.
7.
8.
1/16/2008
107.
Background
During June 2004, GIUSTO was interviewed by TAFT, News Talk 860. During her interview,
TAFT referred to news article which reported LEONHARDTs assertions relating to the
GOLDSCHMIDT crime.942
When asked if GIUSTO knew LEONHARDT, he stated he does, but has not seen him in
probably ten years.943 GIUSTO recalled that LEONHARDT stated that he [LEONHARDT]
heard it first at the Dakota Caf. GIUSTO clarifies, that would indicate that he
[LEONHARDT] got the information that he claims he got from he before he got it from
me.944
When asked if GIUSTO talked with LEONHARDT about the girl regarding any aspects of the
situation, general or specific, GIUSTO stated, I may have . . .I have no independent
recollections of any conversations with him. GIUSTO then stated, . . .he had the information
before I did, and I believe that if anybody initiated it, he probably did. . . I have no independent
recollection of the conversation.945 When asked if GIUSTO was saying that he heard from
LEONHARDT about the girl GIUSTO replied, No. . . I do not have any independent
recollection of a conversation that had any merit or any substance with Fred Leonhardt.946
When TAFT asked GIUSTO, Whered you first hear about it? GIUSTO replied, When you
heard about it in the Oregonian. When asked if GIUSTO was going on record as saying he had
never heard this story, GIUSTO replied, No . . .I said I didnt hear the detail . . .I heard lots of
rumors about different things while I was in the governors office.947 When TAFT asked
GIUSTO if he had heard the rumor about the girl, GIUSTO replied, I heard - - I couldve heard
a number of rumors. When asked if GIUSTO heard the specific rumor, GIUSTO stated he had
heard tons of rumors in the governors office. 948 When TAFT stated, This is a pretty big one
. . . it seems to me that you might have remembered this one GIUSTO replied, If I heard the
rumors - - all the details, you bet Id remember.949
When asked if GIUSTO recalled offering LEONHARDT a ride and stopping for breakfast, and
asked, Did this happen? GIUSTO replied, could have. When asked if GIUSTO discussed
with LEONHARDT that GOLDSCHMIDT had sex with an underage girl, GIUSTO replied, I
have no independent recollection of any conversation like that with Fred Leonhardt.950
942
Ex A74a, p 2
Ex A74a, p 4
944
Ex A74a, p 5
945
Ex A74a, p 6
946
Ex A74a, p 9
947
Ex A74a, p 10
948
Ex A74a, p 11
949
Ex A74a, p 12
950
Ex A74a, p 13
943
1/16/2008
Ex A74a, p 14
Ex A74a, p 15
953
Ex A74a, p 16
954
Ex A74a, p 17
955
Ex A74a, p 19
956
Ex A74a, p 20
952
1/16/2008
Ex A74a, p 21
Ex A74a, p 21
959
Ex A74a, p 23
960
Ex A74a, p 24
961
Ex A74a, p 24
962
Ex A74a, p 25
963
Ex A74a, p 27
958
1/16/2008
964
Ex A74a, p 27
Ex A74a p 28
966
Ex A74a, p 30
967
Ex A74a, p 31
968
Ex A74a, p 32
969
Ex A74a, p 33
970
Ex A74a, p 34
965
1/16/2008
971
Ex A74a, p 35
1/16/2008
108.
Background
TATE and GIUSTO know one another. GIUSTO introduced TATE to STELLE and asked
STELLE to interview TATE for the position of a volunteer chaplain. KIMs complaint is that
GIUSTO and TATEs relationship led to STELLE having his working conditions changed, to his
detriment.
1. Are you currently working for Sheriff GIUSTO or MCSO?
2. What is your position with MCSO
3. Have you ever been a full time employee
4. When did you first become a volunteer for MCSO
5. How did you become a volunteer, were you invited by another individual
6. If so, whom and when
7. Describe your relationship with GIUSTO
8. Has your relationship changed
9. If so, how and why
10. Did you and GIUSTO have any discussions about your work as a chaplain with MCSO
11. If so, what was the content and when did they occur
12. At any time did GIUSTO make any promises or provide you any expectations for work
at MCSO
13. If so, what were they and when did the discussions occur
14. Were there any other discussions that you and GIUSTO had regarding your work at
MCSO
15. What was your understanding of your position, or your future at MCSO
16. Is that still you understanding today
17. Do you believe that all of your expectations were fulfilled regarding your chaplaincy
or work with MCSO
18. If not, how so
19. Is there any thing else that we should know about this matter
109.
Chaplain Alice TATE Interview Summary
On August 2, 2007, PARSONS conducted a telephone interview with TATE. The purpose of the
interview was to determine the relationship between GIUSTO and TATE and if GIUSTO made
any promises to TATE for employment or other benefits.
When KIMs allegation was explained to TATE, she asserted she was an unpaid volunteer who
worked with women inmates.972 TATE stated she was a seminary student and that STELLE does
not work with women inmates, that he works with officers and staff, and that he has never
worked with the female inmates.973
972
973
Ex A 38b, p 2
Ex A38b, p 3
1/16/2008
974
Ex A38b, p 4
Ex A38b, p 6
976
Ex A38b, p 7
977
Ex A38b, p 9
975
1/16/2008
110.
1.
2.
3.
4.
5.
6.
111.
On October 4, 2007, PARSONS and KING conducted a telephonic interview with Vicky
THOMPSON. THOMPSON confirmed that she had been a Gresham city councilwoman when
GIUSTO was the Chief of Police; from 1999 to the end of 2002. When presented with the
allegation that GIUSTO had obtained personal gain from his friendship with a city
councilwoman, THOMPSON stated that she and GIUSTO have been friends for years, but I
assure you he didnt get any special favors because hes a friend of mine . . .I dont do things that
way.978
End of conversation.
978
Ex A71c, p 2-3
1/16/2008
112.
Background
TORRES was named by RITCHIE as the individual who wrote the initial letter containing
allegations against GIUSTO
1. How long have you served with MCSO?
2. What positions have you held with MCSO
3. DPSST has received information that prior to the KIM complaint, you wrote or sent a
similar list of complaints against GIUSTO to the County Commissioners office
4. Did you do so
5. If not, do you know who did
6. If so, whom did you share the complaint letter with
7. Do you know Robert KIM
8. Have you ever met Robert KIM
9. If not, do you know who knows Robert KIM
10. If so, are there other sources and if so, who are the.
11. Would you be willing to submit to a polygraph examination about your knowledge of
the complaint letter prior to KIMs letter, and or of whether you know Robert KIM
1/16/2008
113.
On August 2, 2007, PARSONS and KING interviewed TORRES, at his place of employment.
The purpose of the interview was fact-finding regarding his knowledge of KIMs allegations.
TORRES had his Union representative, Todd SHANKS, present with him.
After a review of his employment history, TORRES was asked if he had sent a letter
complaining about the county. TORRES stated, I dont know what youre talking about.979
TORRES asked for a break to speak to his Union representative. TORRES and SHANKS were
reminded that this was not a union matter, the break was granted.
OFF THE RECORD
BACK ON THE RECORD
TORRES wanted clarification regarding the letter that he was asked about. PARSONS clarified
it was the letter that had been faxed to the county commissioners about one year ago. When
asked if TORRES was the source of the faxed letter to the county commissioners, he stated, I
would have to say no comment on that. And I have no other information after this regarding that
matter.980
When asked if TORRES knew KIM, he stated he did not, nor did he know who knows KIM.
When asked if TORRES knew anyone who may have taken information from the faxed matter to
use as a basis for their information, TORRES stated he did not.
When asked if TORRES would be willing to take a polygraph about the specific question of
whether he knows KIM, TORRES stated, absolutely.981
End of conversation.
979
Ex A52a, p 2
Ex A52a, p 4
981
Ex A52a, p 4
980
1/16/2008
114.
1. DPSST asks for the names and contact information of any sources that can provide
first-hand factual information in this matter.
2. In the alternative, DPSST asks that you contact your sources, if any, and ask that they
contact us.
1/16/2008
115.
982
Ex A77a, p 4
Ex A77a, p 4
984
Ex A77a, p 6
985
Ex A77a, p 8
986
Ex A77a, p 9
983
1/16/2008
WALKER said that GOLDSCHMIDT was mayor in the 1970s and governor in the
1980s, yet GIUSTO was just talking about the statute of limitations987
WALKER could not recall if she or if GIUSTO set up their meeting, but she did take
notes of the meeting. WALKER said the on August 6, 2004, meeting lasted two
hours. WALKER characterized GIUSTO as a very good liar and said he took
great pains to look her in the eye and face; he was very direct. WALKER also
thought GIUSTO was trying to charm me . . . that was not working. WALKER
said that GIUSTO asserted he had not met, seen or talked to the victim and, his only
obligation was to find other victims.988 WALKER said GIUSTO asserted he had no
obligation to report it, that he only knew about the settlement and that it involved a
female and it was a long time ago.989
WALKER said she asked GIUSTO when the law was changed to a six-year
extension for reporting sexual abuse and she does not recall his answer to that direct
question, but GIUSTO said it was not his responsibility under the law to do
anything.990 WALKER said GIUSTO then told her about his views of victims and
domestic violence.
Referring to her notes regarding Margie discussion, WALKER said that she asked
GIUSTO a series of questions and believed she asked if he was having a relationship
with Margie. WALKER said GIUSTO told her in that the mid 90s, there was a
civil suit with a woman, a response which had nothing to do with whether he had a
relationship with Margie. WALKER said GIUSTO told her it was unethical to go
beyond rumor and then GIUSTO began to explain he could be tough on crime,
referring to how GIUSTOs own nephew was arrested and sent to prison, at
GIUSTOs insistence.991
WALKER said GIUSTO then began to explain how she and he could work
together.992 Referring to her notes, WALKER said, Bernie also told me that he
could have someone arrested based on suspicions, et cetera, and then release them.
And that while they may be innocent, it would likely leave doubt in the publics
mind. WALKER went on to explain, And my note to myself was, I saw this as a
very subtle threat. WALKER said GIUSTO brought this up out of the blue.
WALKER said that she viewed GIUSTOs comment as a threat and contacted law
enforcement after her meeting with GIUSTO, asking for protection.993
WALKER cited examples of incidents which had occurred to her vehicle after the
GOLDSCHMIDT story came out. When asked if GIUSTO was looking directly at
987
Ex A77a, p 10
Ex A77a, p 11
989
Ex A77a, p 11
990
Ex A77a, p 12
991
Ex A77a, p 13
992
Ex A77a, p 14
993
Ex A77a, p 15
988
1/16/2008
994
Ex A77a, p 16
Ex A77a, p 18
996
Ex A77a, p 19
997
Ex A77a, p 20
998
Ex A77a,p 21
999
Ex A77a, p 22
995
1/16/2008
1000
Ex A77a, p 24
Ex A77a, p 25
1002
Ex A77a, p 26
1003
Ex A77a, p 27
1004
Ex A77a, p 26
1005
Ex A77a, p 29
1006
Ex A77a, p 30
1007
Ex A77a, p 31
1008
Ex A77a, p 32
1001
1/16/2008
1009
1010
Ex A77a, p 33-36
Ex A77a, p 37
1/16/2008
116.
1011
Ex A61a, p 3
Ex A61a, p 5
1013
Ex A61a, p 6
1014
Zx A61a, p 7
1015
Ex A61a, p 8
1012
1/16/2008
1/16/2008
117.
On August 9, 2007, PARSONS and KING interviewed WALLS, at his place of employment.
The purpose of the interview was fact-finding regarding his knowledge of KIMs allegations.
After a review of his employment history, WALLS was asked if he worked in the same unit as
CHRISTIAN and McGILL. WALLS affirmed he did. When WALLS was asked if he was
aware of something going on between GIUSTO and McGILL, WALLS stated that McGILL had
told him she was worried GIUSTO was going to hit on her. McGILL said nothing had
happened yet and when WALLS asked her if she wanted him to talk to GIUSTO, McGILL had
told him no, that she wanted to handle it herself. WALLS stated, the next thing I knew . . .Sean
had run down and told Lee Graham. After that McGILL had to talk to HR.1016
When asked if CHRISTIAN had come to his supervisor, WALLS, before he went to GRAHAM,
WALLS stated that CHRISTIAN did not and that McGILL had told him individually and the
whole unit she wanted to take care of it herself. When asked who was present at the meeting,
WALLS identified CHRISTIAN, among others.1017
When asked if there was any reason CHRISTIAN would have taken this personal matter upon
himself to go against McGILLs wishes and go over WALLS head to the Chief Deputy,
WALLS stated that CHRISTIANs assessment was different than his and CHRISTIAN believed,
something really bad was going to happen.. . he wanted to squash it. When asked why
CHRISTIAN wanted to squash it as opposed to allowing McGILL to take care of it as she had
requested, WALLS stated he had no idea. WALLS stated that as a result of CHRISTIANs
actions the harmony of the unit was disrupted for a while. When asked if McGills irritation
with CHRISTIAN was legitimate, WALLS stated it was completely warranted.1018
When asked if WALLS recalled McGILL telling the unit that she had been contacted by HR and
wanting to know who it was that had told someone about her, WALLS did recall that meeting.
When asked if CHRISTIAN had admitted to McGILL and his peers that it was he who had done
it, WALLS stated CHRISTIAN did not admit it at the meeting but later went to McGILL and
admitted to it. When asked to clarify if CHRISTIAN was specifically at the meeting, WALLS
was not positive.
When asked if WALLS was aware that there was a period of time when CHRISTIAN did not say
it was he who had contacted management about McGILL and only at a later time that he
admitted it, WALLS stated his recollection was that it was the same day or the next day.1019
When asked about McGILLs reaction, WALLS stated McGILL was upset with CHRISTIAN
for quite a while, an extended period of time. WALLS stated that he does not think
1016
Ex A55a, p 3
Ex A55a, p 4
1018
Ex A55a, p 6
1019
Ex A55a, p 8
1017
1/16/2008
1020
1021
Ex A55a p 10
Ex A55a p 11
1/16/2008
118.
1. DPSST asks for the names and contact information of any sources that can provide
first-hand factual information in this matter.
2. In the alternative, DPSST asks that you contact your sources, if any, and ask that they
contact us.
Follow up questions related to news article quotes:
On June 13, 2007, Brent Walth and Jeff Mapes of The Oregonian reported, Giusto told the
Oregonian that he doesnt remember talking specifics with Leonhardt but may have discussed
vague rumors in 1989 . . .1022
1.
2.
3.
4.
5.
6.
7.
8.
Determine the timeframe from when the interview was conducted until the article was
written (current memory)
10. Determine if the quotes accurately reflect the words of Giusto
11. Determine the context, such as, in response to a question, or other
9.
1022
Ex A12.99
1/16/2008
1/16/2008
119.
Background
WONACOTT was named as a possible witness to McGILLs assertions that she could handle
GIUSTOs contacts and that she wanted to handle them on her own.
1.
2.
3.
4.
5.
6.
120.
1023
Ex A53a. p 3
1/16/2008
1024
Ex A53a, p 4
1/16/2008
121.
Roger WOOD Interview Questions
Background:
According to LEONHARDT, the victims mother told WOOD that Neil GOLDSCHMIDT had
sexually abused her daughter. WOOD then confronted GOLDSCHMIDT and forced him to tell
Margie GOLDSCHMIDT.
1. Describe your relationship with Neil
2. How has this relationship changed with the changing roles
3. How did you first become aware that Neil may have had a relationship with a young
woman other than his wife Margie
4. Who told you
5. When did they tell you
6. What did they tell you
7. What did you do with this information
8. Did you have a conversation with Neil about what you had been told
9. When you had this conversation, did Neil admit or deny it
10. At some point during the conversation was the decision made to tell Margie
11. Who made this decision
12. When were you first aware that Margie had been told about Neils relationship with the
young woman
13. Who told you
14. Did you ever become aware that GIUSTO also had knowledge of the relationship
between Neil and the young woman
15. If so, when did you become aware of this, and who told you
16. Do you know GIUSTO
17. If so, when did you first meet him
18. Describe your relationship with GIUSTO
19. Has your relationship changed with your changing roles
20. When is the last time GIUSTO and you communicated
21. Do you have any additional information that you think we should know
122.
On August 1, 2007, WOOD called DPSST and spoke with KING. WOOD identified himself as
Margie [GOLDSCHMIDTs] brother.1025 WOOD stated that there was one thing he wanted to
clear up. WOOD stated that he had read in the newspaper that he was reported to have told
Neil GOLDSCHMIDT to confront the issue with the girl. WOOD stated, I just want to make it
really clear that I have never had any conversation with Neil whatsoever about that incident or
situation.
When asked if Mrs. Dunham had come to him and confided in him that her daughter and Neil
had this relationship, WOOD stated, I dont want to discuss anything . . .in regard to anybody
about any of that.
1025
Ex A50a, p 2
1/16/2008
123.
Background
YADEN was GOLDSCHMIDTs advisor and was the former head of the states Energy
Department. Unknown if he was a go-between, between GOLDSCHMIDT and victim and/or
her mother.
1. How long have you known Neil GOLDSCHMIDT
2. Describe your relationship with him
3. What was your position in his administration and related duties
4. How long did you work for him
5. Have you ever met GIUSTO
6. If so, when and under what circumstances
7. If so, describe your relationship with GIUSTO
8. Has it changed with the changing roles
9. Have you ever met LEONHARDT
10. If so, when and under what circumstances
11. If so, describe your relationship with LEONHARDT
12. In your opinion, what was the relationship between GIUSTO and LEONHARDT
13. In your opinion, what was the relationship between GIUSTO and GOLDSCHMIDT
14. Prior to the disclosure by the media of GOLDSCHMIDTs misconduct, did you have
any prior knowledge of any information relating to the misconduct,
15. If so, how, who, when
16. How long did he know LEONHARDT, how, relationship, was LEONHARDT in a
position to be a confidant of GOLDSCHMIDT or GIUSTO
17. Have you ever met the victims mother?
18. If so, when did you meet her and what were the circumstances in which you met her
19. Describe your relationship with the victims mother
20. Where did the victims mother work, was it in state or city government?
21. If so, did she work in the GOLDSCHMIDTs administration at any time
22. If so, was this a paid position or a volunteer position
23. Do you have any additional information that you think we should know
1/16/2008
124.
On July 30, 2007, PARSONS and KING interviewed YADEN in a telephone conversation. The
purpose of the interview was fact-finding to determine what first hand knowledge he had of
GOLDSCHMIDTs crime and who knew of it.
PARSONS advised YADEN that the focus of the investigation was on GIUSTO and information
he knew from GOLDSCHMIDT. YADEN denied any involvement as a go-between
GOLDSCHMIDT and the victim. YADEN asserted he did not know about GOLDSCHMIDTs
crime until it was revealed in the newspaper.1026
YADEN characterized his relationship with GOLDSCHMIDT as political, not social, nor would
he have been invited to everything GOLDSCHMIDT was invited to. YADEN characterized
GOLDSCHMIDT as one who would compartmentalize people based on what he needed or
wanted.1027
When asked if YADEN knew GIUSTO, he stated he saw GIUSTO a fair amount at Mahonia
Hall or on trips. When asked if YADEN became aware that GIUSTO was having a relationship
with Margie GOLDSCHMIDT, YADEN said he did not and it was not his character to be tuned
into that sort of stuff.1028
YADEN stated he worked pretty closely with LEONHARDT, who was a speechwriter. YADEN
characterized his relationship with LEONHARDT as friendly but professional.1029
When asked if YADEN would find LEONHARDTs summation of his knowledge of
GOLDSCHMIDT and the young girl credible, YADEN stated that he never heard a thing or had
a hint from LEONHARDT that he was privy to something like that.1030 YADEN felt that
LEONHARDT always wanted to be a bigger player than he was. YADEN identified
LEONHARDT as part of the inner circle during the GOLDSCHMIDT administration, along with
IMESON and DODSON.1031 YADEN stated KULONGOSKI floated in and out.
When asked if GIUSTO took part or was present for policy making decisions, YADEN stated,
Not that I saw. YADEN did not know the relationship between GIUSTO and LEONHARDT,
nor did he know if GIUSTO socialized with KULONGOSKI. When asked if he believed
LEONHARDT got along with everyone, YADEN recalled that it seemed to be pretty
harmonious.1032 When asked if there was ever a time that YADEN questioned LEONHARDTs
truthfulness, he stated he could not recall anything.1033
1026
Ex A48a, p 4
Ex A48a, p 6
1028
Ex A48a, p 7
1029
Ex A48a, p 8
1030
Ex A48a, p 9
1031
Ex A48a, p 10
1032
Ex A48a, p 12
1033
Ex A48a, p 13
1027
1/16/2008
1034
Ex A48a, p 14
Ex A48a, p 17
1036
Ex A48a, p 18
1035
1/16/2008
125.
Debbie YOUMANS Interview Questions
Background
According to an anonymous email received by MINNINS, YOUMANS was a confidant of Helen
BICART and may have knowledge GOLDSCHMIDTs crime if GIUSTO told BICART.
1.
2.
3.
4.
5.
6.
7.
8.
9.
126.
1/16/2008
127.
1. DPSST asks for the names and contact information of any sources that can provide
first-hand factual information in this matter.
2. In the alternative, DPSST asks that you contact your sources, if any, and ask that they
contact us.
1.
2.
3.
4.
5.
6.
7.
8.
Determine the timeframe from when the interview was conducted until the article was
written (current memory)
10. Determine if the quotes accurately reflect the words of Giusto
11. Determine the context, such as, in response to a question, or other
9.
1/16/2008
A
Alice TATE 34, 99, 100, 111, 274
ANDERCHUCKI 14
ANGLEMIER 8, 12, 13, 14, 25, 92, 93, 95, 96, 97, 101,
102, 103, 104, 105, 106, 107, 108, 111
DPSST 7, 8, 9, 10, 14, 17, 18, 19, 25, 39, 40, 43, 44, 45,
47, 59, 61, 62, 63, 64, 65, 66, 71, 72, 76, 77, 78, 83, 85,
86, 87, 88, 89, 90, 91, 114, 115, 116, 123, 139, 142,
165, 167, 170, 176, 177, 193, 195, 197, 198, 199, 200,
203, 205, 208, 209, 215, 223, 224, 233, 242, 249, 260,
264, 268, 277, 279, 289, 290, 293, 298
DPSST Investigator 17, 19
Driggs 25, 92
DUNCAN 15
B
E
Bernard GIUSTO 222
BICART 7, 14, 30, 94, 95, 111, 113, 297
Bobby ODONNELL 35, 44, 100, 111, 240, 255, 256
BOTTOMLY 36, 103, 114
Brady issues 25, 106, 107
Brady Issues 13
BRANT 14, 37, 104
Brent RITCHIE 35, 44, 112, 131, 255, 256
BROWN 26, 27, 68, 69, 70, 71, 75, 135, 171
BUDNICK 14, 35, 102, 116
BURDICK 14
BURTSHAELL 14
BUTTS 14, 37, 61, 106, 112
F
FRANCESCONI 15
Fred LEONHARDT 17, 29, 33, 94, 111, 143, 160, 166,
201, 211, 212, 213, 214, 215
chaplain 64
Chaplain 21, 64
CHL 8, 25, 26, 39, 66, 75, 101, 105, 135, 136, 172, 173,
185, 186, 236, 253
CHRISTIAN 14, 98, 101, 125, 126, 127, 128, 129, 175,
227, 228, 236, 286, 287, 288
Christine KIRK 35, 99, 111, 206, 207
Christy LEONHARDT 33, 166, 211, 212, 213
Clackamas County District Attorney 34, 186
Code of Ethics 11
CORTADA 14, 34, 41, 42, 98, 99, 101, 111, 130, 131,
132, 137, 174, 251, 252, 253
D
Dave RADER 34, 41, 98, 111, 131, 244, 251, 252
David YADEN 35, 99, 111, 294, 295
Deirdre McGILL 35
Diana OLSEN 35, 45, 112, 129, 242, 253
DMV 23, 37, 92
DODSON 14, 34, 97, 119, 133, 187, 189, 216, 295
DOJ 8, 9, 18, 26, 27, 29, 37, 66, 68, 69, 70, 73, 75, 76, 81,
82, 86, 93, 94, 95, 96, 98, 101, 105, 147, 185, 199, 202
DOSS 7, 15, 16, 37, 39, 66, 76, 77, 78, 79, 80, 81, 84,
106, 107, 112, 134, 136, 138, 162, 173, 174, 185, 186,
194, 201, 202, 203, 235, 236, 237, 238
1/16/2008
H
HASLER 16, 35
HINKLEY 37, 104, 105, 106, 179, 180, 181
I
IMESON 16
Investigative Team 8, 23, 24, 36, 43, 44, 45, 46, 47, 48,
56, 57, 59, 61, 62, 63, 64, 65, 66, 67, 73, 74, 75, 76, 77,
78, 79, 80, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94, 95, 96,
97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107
J
Jacquenette McINTIRE 34, 111, 229, 230
JAQUISS 16, 36, 102
Jay PENTHENY 35, 102, 112, 249, 250
JEDDELOH 7, 8, 16, 26, 27, 28, 29, 32, 34, 39, 40, 66,
67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 79, 81, 82, 83, 84,
93, 96, 100, 101, 102, 111, 134, 135, 136, 137, 138,
140, 141, 147, 154, 155, 156, 158, 162, 171, 172, 173,
185, 186, 202, 203, 206, 207, 231, 236, 237, 238, 258,
259, 285
Jeff GATES 35
Jennifer OTT 31, 62, 112, 127, 201, 247, 248
Jose TORRES 35, 100, 111, 127, 277, 278
K
KALBERG 26, 28
KANTOR 16
Kathy WALLIKER 35
KATZ 16
KENNEDY 30, 31, 97, 98, 111, 118, 119, 192, 193, 195
KIM 7, 15, 17, 23, 31, 32, 36, 37, 40, 41, 44, 45, 59, 60,
61, 62, 64, 65, 66, 75, 76, 77, 78, 85, 86, 87, 88, 91, 92,
93, 95, 97, 99, 100, 101, 104, 106, 111, 112, 118, 119,
126, 128, 129, 131, 132, 136, 137, 138, 141, 158, 159,
162, 171, 172, 173, 177, 178, 196, 200, 201, 202, 203,
204, 205, 207, 224, 227, 228, 229, 231, 232, 233, 235,
236, 237, 240, 241, 242, 243, 244, 245, 247, 248, 250,
252, 253, 255, 256, 257, 259, 262, 263, 274, 277, 278,
285, 287, 288, 291, 292, 296
KING 8, 12, 13, 17, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34,
35, 36, 37, 57, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100,
101, 102, 103, 104, 105, 106, 107, 108, 111, 118, 122,
126, 127, 128, 129, 131, 137, 141, 148, 151, 156, 158,
159, 165, 170, 172, 177, 179, 183, 186, 188, 193, 194,
195, 200, 205, 207, 208, 211, 213, 215, 222, 224, 227,
233, 237, 239, 244, 248, 250, 252, 256, 259, 263, 276,
278, 287, 291, 293, 295, 297
KIRK 17
KOK 34, 98, 101, 102
KULONGOSKI 15, 17, 36, 40, 86, 87, 103, 104, 112,
117, 118, 119, 123, 143, 145, 166, 170, 189, 190, 192,
208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 220,
221, 295
KYLE 17
1/16/2008
M
MADDUX 26, 93
MAILIN 18
MAPES 18, 36, 102, 221, 223
Margie 16, 59, 94
Margie GOLDSCHMIDT 16, 31, 39, 59, 97, 98, 99, 111,
119, 144, 163, 165, 166, 167, 168, 183, 189, 191, 193,
194, 195, 201, 209, 210, 211, 212, 215, 217, 218, 219,
221, 222, 293, 295, 296
Mark HERON 35, 102, 112, 177
Marshall ROSS 34, 98, 111, 258, 259
McBETH 18, 27, 28
McCAIN 24, 28, 31, 32, 33, 34, 92, 95, 107, 111, 154,
155, 158, 224, 262, 263
MCCAIN 18
McDADE 18, 202
N
Naito 286
NAITO 7, 19, 29, 30, 43, 93, 100, 103, 112, 177, 232,
233, 234, 249, 250
Ned WALLS 35, 112, 128, 286, 287
NEFF 27, 28
Neil GOLDSCHMIDT 16, 31, 59, 95, 97, 98, 111, 113,
117, 118, 121, 122, 123, 133, 144, 160, 163, 165, 166,
167, 168, 169, 170, 187, 189, 191, 193, 194, 195, 201,
212, 213, 215, 216, 217, 218, 219, 220, 221, 293, 294,
296, 297
NIELSEN 34, 101, 106, 107, 235, 237, 238
NOAH 19, 37, 60, 61, 106, 112, 239
113, 118, 122, 123, 126, 131, 137, 141, 148, 150, 151,
156, 157, 158, 159, 161, 165, 167, 172, 175, 177, 179,
183, 186, 188, 200, 203, 204, 205, 207, 211, 215, 222,
227, 230, 233, 237, 239, 244, 248, 250, 252, 256, 259,
266, 274, 275, 276, 278, 287, 291, 295, 297
Paugh 232
PAUGH 7, 19, 30, 233
PELLEGRINI 28
PERKINS 26
R
RADER 19, 26, 34, 41, 42, 45, 98, 101, 131, 132, 137,
146, 152, 153, 174, 237, 242, 244, 245, 251, 252, 253
Rafael CORTADA 35
Reese 20
REESE 20, 36, 103, 208
Restraining Order 25
RITCHIE 20, 44, 103, 132, 240, 255, 256, 257, 277
Robert BURTCHAELL 35
Robert KIM 23, 91, 92, 126, 130, 135, 140, 177, 196, 205,
206, 226, 232, 235, 240, 242, 247, 249, 251, 255, 258,
277, 286, 291
Roger WOODS 35
ROSS 20, 26, 28, 101, 137, 141, 207, 258, 259
S
O
OCONNELL 19, 24, 44
ODONNELL 19, 44, 240, 255, 256, 257
OAR 259-008-0010 9, 11, 29
OAR 259-008-0060 11
OAR 259-008-0070 9, 11, 29
OLSEN 19, 35, 45, 101, 105, 129, 242, 244, 245, 246,
251, 253
Oregon Department of Justice 8, 9, 21, 26, 86, 194
Oregon State Police 9, 34, 144, 184, 191
ORS 131.005 12
ORS 131.105 12
ORS 131.125 12
ORS 131.155 12
ORS 166.291 9, 13, 25, 29
ORS 181.630 11
ORS 181.640 9, 11
ORS 181.662 9, 11
ORS 206.010 13, 29, 96
ORS 206.345 13
ORS 419B.010 12
OSP 9, 34, 98, 145, 197
OSWALT 19, 202
OTT 19, 62
P
PARSONS 8, 19, 29, 30, 31, 35, 37, 83, 93, 94, 96, 97,
98, 99, 100, 101, 102, 104, 105, 106, 107, 108, 111,
1/16/2008
T
TATE 21, 64, 99, 101, 274, 275
Thomas IMESON 31, 94
THOMPSON 21, 37, 60, 61, 106, 112, 157, 276
Tim MOORE 35
Tim WONACOTT 35
Todd SHANKS 34, 91, 97, 111, 278
Tom GIUSTO 30, 222
TORRES 21, 101, 128, 129, 234, 277, 278, 288
Y
V
VALDEZ 21, 36, 102, 279
YADEN 22
YORK 22, 33, 96, 99
YOUMANS 8, 22, 30, 94, 97, 98, 99, 101, 102, 111, 297
1/16/2008