DEPARTMENT OF JUSTICE

CRIMINAL JUSTICE DIVISION

INVESTIGATION REPORT

CASE/FILE NO.: CPC0001-09

DATE OF REPORT: June

SPECIAL AGENT: Ron Nelson

ATTORNEY: Donna Maddux

Deleted: request letter

I. BASIS FOR INVESTIGATION Deleted: , addressed to
Deleted: s
On January 21, 2009, Multnomah County District Attorney Michael
Deleted: , states:¶
Schrunk and Portland Police Chief Rosanne Sizer jointly requested the initiation
of an investigation by the Oregon Department of Justice (DOJ). They asked ¶
Attorney General Kroger to determine whether a criminal prosecution is “This confirms our
conversation regarding an
appropriate as a result of Mayor Sam Adams’ conduct in connection with his investigation of the matters
relationship to Beau Breedlove. pertaining to Mayor Sam Adams
and Beau Breedlove that have
come to public attention. As
In response, the Attorney General and the Department of Justice presented to the public, the facts
conducted an exhaustive investigation, which included interviews with almost 50 could lead some to question
witnesses; an extensive review of City Hall records that include telephone and whether criminal laws have been
violated. Without expressing any
email accounts; a review of Breedlove’s cell-phone records; and a forensic opinion as to whether they have,
examination of Adams’ phones and computers. The investigation addressed and we have concluded that an
answers three key legal questions: investigation to answer that
question is warranted.”
Deleted: This
1. Did Adams have sexual contact with Breedlove in 2005 while Breedlove
was a minor and thereby violate ORS 163.4152? Deleted: more than
Inserted: more than
Deleted: d
Deleted:
2 ORS 163.415 Sexual abuse in the third degree. Deleted: s
Inserted: s phones and
(1) A person commits the crime of sexual abuse in the third degree if the person subjects
another person to sexual contact and: Deleted: Based on the facts
gathered by this investigation, t
(a) The victim does not consent to the sexual contact; or Deleted: must be answered
1
(b) The victim is incapable of consent by reason of being under 18 years of age. Deleted: violate ORS 163.415
by
1
(2) Sexual abuse in the third degree is a Class A misdemeanor. Inserted:
Deleted: ing
Formatted: Right: 0.25"

1
 ANSWER: The evidence does not support charging Adams with the crime Formatted: Superscript
of sexual abuse in the third degree. The investigation revealed no corroboration Deleted: the
of Breedlove’s accusation that Adams kissed him before Breedlove’s 18th Deleted: his
birthday. Breedlove appears not to have mentioned the incidents until 2007—
Deleted: s
more than two years after they allegedly occurred. Moreover, Breedlove’s
Deleted: ¶
credibility—on which successful prosecution of a charge would depend—is Conclusion:¶
undermined by the fact that he has repeatedly changed his story. Given the lack ¶
of evidence and the unreliability of the sole witness, we believe a jury would find 1. The evidence does not
support charging Adams with the
reasonable and significant doubt that Adams committed sexual abuse in the third crime of Sexual Abuse in the
degree. Third Degree. Despite exhaustive
interviews, there is significant
2. Did Adams commit official misconduct in violation of ORS 162.4153 by question as to whether there was
any physical contact between
hiring a Portland Mercury reporter in 2008 in an effort to stop her from pursuing a Adams and Breedlove prior to
story about Adams’s relationship with Breedlove during Adams’s campaign for Breedlove’s 18th birthday. The
investigation revelaled no
mayor? corroboration of the incidents in
which Breedlove accuses Adams
ANSWER: The evidence does not support charging Adams with official of kissing him. Breedlove
misconduct based on hiring former Portland Mercury reporter Amy Ruiz. The appears not to have mentioned
the incidents until 2007 -- more
evidence overwhelmingly shows that Adams had little if anything to do with the than two years after they
hiring process. There is no evidence Ruiz was hired in an effort to stop her from allegedly occurred. Breedlove
pursuing the story of Adams’ relationship with Breedlove. has further undermined his
credibility by repeatedly changing
his story and by concealing his
3. Did Adams commit official misconduct in violation of ORS 162.415 by role in bringing the story to light.
lying about his relationship with Breedlove when questions about that relationship Given the lack of evidence and
the unreliability of the sole
first emerged? witness, prosecutors conclude
that there are significant doubts
ANSWER: The evidence does not support charging Adams with official that Adams committed Sexual
Abuse in the Third Degree.¶
misconduct based on the lies Adams told about his relationship with Breedlove. ¶
2. The evidence does not support
charging Adams with official
misconduct by hiring former
II. SYNOPSIS OF INVESTIGATION Portland Mercury reporter Amy
Ruiz in an effort to stop her from
pursuing the story. The evidence
A. FACTS RELATED TO THE ALLEGATION OF SEXUAL ABUSE overwhelmingly shows that
Adams had little if anything to do
with the hiring process.¶
¶
3. The evidence does not support
3 ORS 162.415 Official misconduct in the first degree. charging Adams with official
misconduct by lying about his
(1) A public servant commits the crime of official misconduct in the first degree if with intent relationship with Breedlove when
the story first emerged publicly in
to obtain a benefit or to harm another: 2007. (This part is not done)¶
¶
(a) The public servant knowingly fails to perform a duty imposed upon the public servant by
law or one clearly inherent in the nature of office; or Deleted: CRIMINAL
Deleted: CONTACT WITH
(b) The public servant knowingly performs an act constituting an unauthorized exercise in BREEDLOVE
official duties. Formatted: Indent: Left:
0", Hanging: 0.5"
(2) Official misconduct in the first degree is a Class A misdemeanor.
Formatted: Right: 0.25"

2
 1. Undisputed Facts Deleted:

In March of 2005, Breedlove worked as a volunteer intern for Oregon State

Representative Kim Thatcher in her Capitol office in Salem. Breedlove was 17
years old and had graduated from high school nine months earlier, according to
Sprague High School records. In March of 2005, Adams was serving as a
Portland City Commissioner.

On March 24, 2005 Adams traveled to Salem with intern policy analyst
Roland Chlapowski to meet with legislators and to discuss transportation issues.
Adams and Breedlove first crossed paths when Adams briefly passed
Representative Thatcher’s office. The two made eye contact but did not interact Deleted: .
that day. Breedlove was interested in meeting Adams. Although details vary
somewhat, Adams and Breedlove both acknowledge that, before Adams left the Deleted: Recollections about
building Adams was provided with a card that included Breedlove’s name, phone how Adams was provided with
Breedlove’s contact information
number and a brief note from Breedlove. differ, but
Deleted: ,
Adams lost the card containing Breedlove’s contact information. He called
Deleted: business
Representative Thatcher’s office on March 31, 2005, and spoke with a woman
who provided Breedlove’s number. Adams called Breedlove that day and the Deleted: or similar card

two began communicating by cell phone and text message. Available records Deleted: .
show cell phone and text message communication through April, May, June and
July of 2005.

Within a few weeks of their initial communication, Adams and Breedlove

arranged to meet for the first time over lunch at the Macaroni Grill in downtown
Portland. Neither has an independent recollection of the exact date of this lunch
meeting, but both agree it was most likely in April of 2005. Breedlove’s age
came up in conversation during the meal. Adams says he was surprised to learn
Breedlove was only 17. After lunch, Adams drove Breedlove to the train station
where the two parted company. A point of dispute arises, however, as to the Deleted: in Adams’ truck
events during that drive. As discussed below, Breedlove alleges that he and Deleted: [1]
Adams kissed at some point during their drive and Adams denies that this
occurred.

Breedlove subsequently received notice of a First Thursday event at City Deleted: Adams and
Hall and decided to attend.4 Breedlove contacted Adams prior to the First Breedlove continued to
communicate via cell phone and
Thursday event and let Adams know that he planned to attend. Neither have text message.
independent recollection of the exact date of this event. Both agree that it was Deleted: [2]
Deleted: fell

4 First Thursday at City Hall was an event hosted by Commissioner Adams as part of his role as the
Arts Commissioner. These events occurred in concert with Portland First Thursday art-gallery open-
house functions on the first Thursday of each month. During these events, Adams would introduce
artists whose works were on display in City Hall. These events were open to the public. According to
staffers, Adams would regularly circulate through the crowd and network with attendees. Formatted: Right: 0.25"

3
before Breedlove turned 18 on June 25, 2005.5 The investigation concludes that Deleted: [3]
it was likely May 5, 2005.

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

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

Sometime after the First Thursday event, Breedlove invited Adams to Deleted: A
Breedlove’s 18th birthday party at Breedlove’s parents’ home in Salem. Adams Deleted: Adams and
attended the party on June 25, 2005. Adams and Breedlove both state that there Breedlove continued to
communicate by phone and text
was no intimate physical contact between them during the party. message. At some point,
Deleted: , accompanied by
Adams and Breedlove continued to communicate by phone and text John Vezina (who is Vezina?)
message after the June 25, 2005 party and into July 2005. At some point, they Formatted: Highlight
scheduled a Saturday evening date at Adams’ residence which included
Deleted: that included a movie
consensual sexual conduct. Breedlove and Adams continued to communicate rental that was watched
via cell phone and text through July 30, 2005. Cell phone and text message Deleted: s
communication dropped off abruptly after that date. In September of 2005,
Inserted: s
Breedlove left Oregon for a job in Hawaii.
Deleted: The evening of their
date, Breedlove spent the night at
2. Disputed allegations Adams’ residence and the two
engaged in sexual activity.
a. The Drive after Lunch at Macaroni Grill Breedlove also stayed with
Adams the following night.
Deleted:
In his statements to DOJ investigators, Breedlove asserts that during the
drive to the train station after lunch at the Macaroni Grill in April 2005—when Deleted:
Breedlove was still underage—Adams stopped at a traffic light, leaned over and Deleted: After
Deleted: from the Macaroni
Grill lunch
Deleted: ,
5 Considering the date of their first contact by phone, their intervening lunch, and the fact that
Adams was out of town for the June 2005 First Thursday function, it is likely that Adams and Deleted: near Pioneer Square
and
Breedlove both attended the First Thursday event that occurred on May 5, 2005.
Formatted: Right: 0.25"

4
kissed Breedlove on the lips. Breedlove believed this to be a mutual kiss and
has described the kiss as “brief” and “romantic.” Breedlove and Adams parted Deleted: At the train station,
company at the train station without further physical contact.

Adams acknowledges that he was attracted to Breedlove and considered

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

b. First Thursday

According to Breedlove, Adams personally invited him to the First

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

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

Adams asserts that the kiss in the restroom never occurred. Adams also
does not recall being in the restroom at the same time as Breedlove. In
September of 2007, Adams publicly stated that he invited Breedlove to First
Thursday at the end of their lunch. Adams currently maintains that he does not
remember extending a personal invitation to Breedlove, but was aware that
Breedlove planned to attend. Adams claims that Breedlove presented him with a
gift that night that included a vase and a shirt. Adams indicates he did not accept Formatted: Right: 0.25"

5
the gift and that he discussed with Breedlove that it would be inappropriate for
him to accept the gift because Breedlove was 17 years old and Adams could not Deleted: ’
be involved with someone that age. Adams reports that he accompanied
Breedlove to the Lotus Restaurant because, at the end of the event, Breedlove
told him that his friend could not pick him up for another 30 to 45 minutes. Deleted: ’
Adams claims he did not want to leave Breedlove by himself in City Hall but also Deleted: ’
did not think it was a good idea to be alone with Breedlove. So Adams
suggested they wait for Breedlove’s friend in one of the closest public
restaurants.

3. Absence of Corroborating Witnesses

No witnesses to the alleged kiss when Adams was driving Breedlove to the Deleted: in
train station have been identified or have stepped forward. No one, other than Deleted: ’
Breedlove, reports seeing Adams and Breedlove enter or exit the bathroom Deleted: truck
together or kiss on the night Breedlove and Adams attended the First Thursday
event.

Breedlove asserts that an “older, white male” security guard witnessed

Breedlove and Adams leaving the restroom after they kissed. This witness would Deleted: exiting
not have direct knowledge of any intimate physical contact between Breedlove
and Adams, but such a witness might corroborate that Breedlove and Adams Deleted: could
were in the bathroom together, something Adams denies. Deleted: .

In 2005, City Hall security guards were employed by DePaul Industries

Securities Services. Available DePaul employees who worked at City Hall during
the relevant time period in 2005 were contacted. None of the employees recalls Deleted: The security guard
witnessing Adams and Breedlove in the restroom and, with one exception, no whom Breedlove described was
not identified.
security guard recalls hearing anything about this incident from other guards.
Deleted: W

That one security guard—Glenn Clark—claims to have information about Deleted: s

this encounter. Clark served as a security guard in City Hall from 2004 through Deleted:
April 15, 2005. In a written statement that Clark provided to The Oregonian, Deleted: DePaul employee
Clark states that he and Security Officer Jacoby Demissie worked the same shift Deleted:
during a First Thursday event sometime between January 2005 and April 2005.
Clark reports that, about 7:30 or 8:00 p.m., Demissie came down from the Deleted: He
second floor of City Hall, and walked over to the front of the security desk where
Clark sat. Clark claims that, in a flat tone, Demissie said words to the effect that Deleted: ,
“I just saw Sam Adams having sex with this younger guy in the bathroom.” Clark
believed Demissie was saying that Adams and the younger man were doing Deleted: is not certain of
more than kissing or making out. Clark claims he then asked if the younger guy exactly what Demissie said, but
he
was underage and Demissie responded “no.” Clark did not visit the second floor
Deleted: that
himself and reports that no one overheard his conversation with Demissie. He
further states that he did not repeat Demissie’s remarks to anyone. Deleted: had communicated
Deleted:
Clark claims he forgot about this conversation with Demissie until he ran Formatted: Right: 0.25"

6
into another former City Hall security guard at a bar on Super Bowl Sunday
2009. Clark states that the other former security guard mentioned that
Willamette Week was trying to find former security guards who worked at City
Hall and that the discussion triggered Clark’s memory of his conversation with Deleted: his
Demissie four years prior. [add a physical description of Clark]

Jacoby Demissie was a DePaul Securities guard assigned to City Hall in

2005. Demissie states that he does not recall ever seeing Adams engaged in
sexual activity in the restroom or telling Clark those details. Demissie further Deleted: with a young man
states that, had he witnessed this, it would be an incident he would not have Deleted: Demissie is an
forgotten. Based on Demissie’s statement, Clark’s account does not appear African American male, and
therefore, does not match
credible. Furthermore, Demissie is an African American male, and therefore Breedlove’s description of the
does not match Breedlove’s description of the security guard as an older white security guard as a white male. ¶
male. Moreover, Clark served as a security guard in City Hall until April 15, 2005 ¶
and thus was not so employed on the most likely date of the alleged First
Thursday event. Deleted: does not fit the
physical description of the
security guard that Breedlove
4. Credibility Issues claims walked into the bathroom
Deleted: Finally, Clark left his
With no witnesses and no corroboration, proof of the alleged kisses rests position with DePaul on April 15,
squarely on Breedlove and his credibility as the sole witness. 2005. The investigation has
concluded that the First Thursday
event at issue most likely
a. Breedlove occurred on May 5, 2005.¶
Deleted: ¶
i. Inconsistent Statements Formatted: Indent: Left:
0", First line: 0.33"
Over time, Breedlove has provided different statements about the Deleted: personal
critical events that allegedly occurred between him and Adams. Breedlove has Deleted: ¶
stated that no kiss occurred on the day they had lunch at the Macaroni Grill. He Formatted: Indent: Left:
has stated that the only kiss that day occurred while Adams was driving him to 0", First line: 0"
the train station. He has also said Adams kissed him when Adams dropped Deleted: ¶
Breedlove off at the train station.
Deleted: ¶
Deleted:
• January 22, 2009. Breedlove provided a statement to Adams’
attorney Sam Kauffman and investigator Kara Beus asserting Deleted:

that he and Adams engaged in no sexual contact or kissing at Deleted: that day
any time before Breedlove’s 18th birthday. Deleted: in the truck stopped
at a stop light

• January 24, 2009. Breedlove’s attorney, Charlie Hinkle, Deleted: he

emailed a statement to Adams’ attorneys that includes the Deleted: s
following statement by Breedlove: “After lunch, Sam drove me Inserted: s
to the train station. When he dropped me off at the train Deleted: his
station, he kissed me.” Deleted: s
Inserted: s
• January 24, 2009. Breedlove asserted in an interview with The
Deleted: s
Oregonian that on the day of their lunch, Adams leaned over
Formatted: Right: 0.25"

7
 and kissed Breedlove on the lips while stopped at a traffic light
near Pioneer Square.
Deleted: ¶
Investigators attempted to find the truth by interviewing close friends and Formatted: Indent: First
associates to whom Breedlove might have confided in 2005. Breedlove declined line: 0"
to cooperate by identifying potential witnesses who could confirm that he had
described these events to others at the time they occurred. Investigators
identified one close friend who was in contact with Breedlove by cell phone and
text message in April and May of 2005. Lacey Visto, who described her
relationship with Breedlove in 2005 as “close,” recalled Breedlove telling her
about meeting Adams at the Legislature. She maintains that Breedlove told her
his initial interest in Adams was romantic and that he wanted to move his
relationship with Adams forward at a rapid pace. She stated that Breedlove
pursued the relationship aggressively. She recalls Breedlove indicating that
Adams was hesitant due to their age difference and the fact that Adams was a
public figure. Breedlove did not mention to her any sexual contact with Adams
before Breedlove’s 18th birthday. Deleted: his

ii. Breedlove’s Active Role in Generating

Media Attention

It appears that Breedlove quietly orchestrated a behind-the-scenes Deleted: (Tony Note: do we

resurgence of this story after he moved to Portland from Michigan in November need this section? I don’t see
how his efforts to shed light on
2007, fueling the story through January 2009. Although there may be legitimate the story undermine his
reasons for Breedlove bringing the story to light at that time, it is likely that a jury credibility. It’s just as likely he
would view the timing of the disclosures as an additional reason to doubt felt guilty about lying a year
earlier and was determined to
Breedlove’s credibility. This view is bolstered by the fact that— in statements to try and bring the truth to light –
Adams and the media—Breedlove never hints at his direct role in bringing the even if he handled it clumsily)¶
story to public light. The following provides an overview of related key events: ¶
Deleted: .
• November 2007. Breedlove moved to Portland from Michigan and Deleted:
arranged to meet with The Mercury reporter Amy Ruiz at the Deleted: Despite this,
Pioneer Square Starbucks. Breedlove did not show up for the Deleted: ,
meeting. Deleted:
Deleted: in person
• January 2, 2008. Ruiz, still with The Mercury, received an
anonymous email suggesting that Breedlove and Adams had a
sexual relationship in 2005. The anonymous source agreed to
meet with Ruiz to verify his identity, but requested that his identity Deleted: in person
be kept confidential.

• January 2, 2008. Breedlove met Ruiz at the Higgins restaurant. He Deleted: That night,
admitted that he was her source but refused to go on record. He
expressed a desire for Ruiz to independently confirm his story
about his relationship with Adams so that it can be reported without
his participation. Breedlove provided sources for Ruiz to consult to Formatted: Right: 0.25"

8
 corroborate his claim that he had a sexual relationship with Adams
in 2005.

• January and February 2008. Ruiz attempted to confirm

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

• Late February 2008. Based on an inability to corroborate

Breedlove’s story, and Breedlove’s refusal to go on record, The
Mercury stopped pursuing Breedlove’s leads and did not publish a
story.

• April 2, 2008. Breedlove posted a statement on his MySpace page

which was anonymously emailed to Willamette Week. This email
reignited Willamette Week’s interest in the Breedlove/Adams story.
Breedlove met with Willamette Week reporters three times between
April 2008 and January 2009 and requested on all occasions but Deleted: i
one that he not be quoted for publication. Deleted: Willamette Week
reporters began interviewing
people who knew Breedlove in
• January 9, 2009. Breedlove called Ruiz to make sure she had not 2005.
spoken with Adams about what Breedlove had told her or about the
Deleted: he
fact that Breedlove was her anonymous source.
Deleted: he

• January 9, 2009. The following anonymous email was sent to

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

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

• January 20, 2009. Breedlove issued a press release/public

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

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

Adams: “I support you Sam. I am sorry this happened.” Formatted: Right: 0.25"

9
 • January 24, 2009. The Oregonian ran a front-page interview with
Breedlove. This was the first of many print, radio and television
interviews for Breedlove.

• January 24, 2009. Breedlove sent a text message to Adams that

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

• February 2009. Breedlove accepted Unzipped magazine’s offer to

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

iii. Breedlove’s Felony Conviction

In 2006, Breedlove pleaded guilty to theft in the second degree, a Class

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

b. Adams

i. Adams admits to lying about the salient facts Deleted: is an

Formatted: Font: Bold
Adams has admitted that he lied about the nature of his relationship with Deleted: ted
Beau Breedlove, both publicly and privately. According to Adams, these lies Deleted: liar
began with his statements to John Veniza in July of 2005 and ended with his
interview with Willamette Week on January 19, 2009. In September of 2007,
when confronted with rumors that he and Breedlove had a sexual relationship
while Breedlove was 17 years old, Adams denied the allegation. As part of his
private and public denials, Adams crafted a story that featured him in a mentoring
relationship with Breedlove. Adams admits and Breedlove concurs that, in the
summer of 2007, Adams called Breedlove and asked him to lie if questioned
about the sexual nature of their relationship. At the time, Breedlove agreed to
conceal the truth.
Deleted: Because
Adams has admitted that his description of his relationship with
Formatted: Right: 0.25"

10
Breedlove in 2007 and 2008 was predicated on a lie and that he made a number Deleted: , Adams has
of inconsistent statements about the details of his interactions with Breedlove to
further his inaccurate portrayal of their relationship.

ii. Adams’ public claims of cooperation with this Deleted: s

investigation. Formatted: Font: Bold

While Adams publicly claimed to be cooperating with this investigation, he

was often slow to cooperate with investigators. Deleted: .

On Thursday, January 23, 2009, DOJ Criminal Division Chief Counsel

Steven Briggs requested immediate access to Adams’ computers and cell Deleted: spoke
phones. Adams’ attorney, Robert Weaver, agreed that Briggs and Special Agent Deleted: s
Ron Nelson would pick up Adams’ city computer at City Hall on Saturday, Inserted: s
January 25th. Weaver indicated he would call on Saturday to schedule the exact Deleted: s
time to meet. Weaver never called as planned. Weaver did call and leave a
Inserted: s
message for Briggs on Sunday, requesting more time and suggesting that, in his
absence the following week, DOJ should work with his partner at Garvey Deleted: s
Schubert Barer, Sam Kauffman. Inserted: s

On Monday, January 27 (check date) DOJ’s Attorney in Charge of the Formatted: Highlight
Organized Crime Section, Donna Maddux, contacted Sam Kauffman and
reiterated DOJ’s request for immediate access to Adams’ computers and cell Deleted: s
phones. A request was also made for a complete listing of electronic data Inserted: s
sources utilized by Adams, including but not limited to telephones, computers,
email accounts and social networking accounts. Kauffman informed Maddux that
Adams’ computers and cell phones were currently in the possession of Deleted: s
Kauffman’s law firm. Inserted: s
Deleted: their
On Wednesday, January 29th (check date), Maddux and Nelson traveled to Formatted: Highlight
the Portland law offices of Garvey Schubert Barer to meet with Kauffman. Earlier
Deleted: Special Agent Ron
that day, Maddux provided Kauffman with DOJ consent-to-examine forms.
During the meeting, Kauffman provided a one-page list of Adams’ electronic data Deleted: s
sources. Kauffman refused to provide any additional information or equipment. Inserted: s
He also refused to provide passwords to email accounts which would allow DOJ
investigators access to those accounts. He indicated that Garvey Schubert Barer
forensic experts had created a forensic image of Adams’ city computer and he Deleted: s
offered to provide DOJ with a copy at a later date. Maddux and Nelson insisted Inserted: s
on having direct access to Adams’ hardware in order to conduct an independent Deleted: s
forensic review. Kauffman refused requests to allow Nelson to take the computer Inserted: s
at that time. Arrangements were made for Nelson to return to Kauffman’s office
to pick up Adams’ city laptop the following day. Deleted: s
Inserted: s
On February 3rd, Maddux sent Kauffman a letter reiterating DOJ’s request
for consent to review Adams’ personal computers, phone and electronic Deleted: s
accounts. Formatted: Right: 0.25"

11
 On February 9th, Kauffman requested a two-day extension. The response Deleted:
letter was received on February 12th and indicated that Adams would produce his
two personal computers and his PDA/cell phone, in addition to providing user
names and passwords for Adams’ email and social networking accounts. Deleted: s
Inserted: s
Nelson arranged to pick up Adams’ personal computers and his PDA from Deleted: s
Garvey Schubert Barer on February 17th—25 days after DOJ’s initial request. Inserted: s
Deleted: 17th – 25
Forensic examination of Adams’ PDA revealed a missing memory card.
On February 18th, Maddux contacted Kauffman to inform him of the missing Formatted: Superscript

memory card and to request any and all memory cards used with Adams’ PDA Deleted: s
since April 2005. Inserted: s
Deleted: s
On February 23rd, Kauffman reported to Maddux that “while we can confirm
that the Mayor sometimes used the memory card slot on the PDA, there is no
particular memory card that goes with the PDA.” Maddux reiterated DOJ’s
request for any and all memory cards used with Adams’ PDA during the relevant Deleted: s
time period.
Deleted: s
nd
On April 2 , in response to a number of outstanding questions related to Inserted: s
Adams’ electronic data sources, Kauffman indicated that Adams had consented Deleted: his
to production of two PDA memory cards that were previously in Adams’ Deleted: ¶
possession and were now in the possession of Garvey Schubert Barer. Formatted: Indent: First
line: 0"
th Deleted: s
Nelson arranged to pick up the memory cards on April 6 .
Inserted: s
Adams’ delay in complying with requests for electronic data in the course Deleted: s
of this investigation raises additional questions. While this investigation was Inserted: s
requesting access to Adams’ equipment and pushing for full cooperation but not Deleted: After
receiving such cooperation, Adams was asserting, to the press and to city staff, Deleted: his
that he intended to fully comply with this investigation.
Deleted: s
Deleted: throwing up
Conclusion roadblocks
Deleted: his
Both Adams and Breedlove have little credibility as to their reports of the
events that are the subject of this investigation. Adams lied repeatedly about his Deleted: the burden of proof is
Breedlove’s to meet. And in
sexual relationship with Breedlove. Then while admitting the relationship and virtually every sense, Breedlove
explaining to the media that he was fully cooperating with the investigation, does not meet it.
Adams’ lawyers were hampering the investigation. Adams has every motive to Deleted: or three
lie about kissing Breedlove before Breedlove’s 18th birthday. But a prosecutor Deleted:
would bear the burden to prove beyond a reasonable doubt that Breedlove’s Deleted: .
account is true. That burden could not be met under the circumstances of this
Deleted: H
matter. Breedlove’s account of the two incidents of kissing before his 18th
birthday is less than credible. He appears to have told no one at the time of the Deleted: s
events and he willingly agreed to lie at Adams’ request. When Breedlove did Inserted: s
Formatted: Right: 0.25"

12
finally raise the incidents more than two years later, he changed his story
repeatedly. As a result, we conclude that there is not sufficient credible evidence
to justify criminal prosecution.

B. ALLEGATION OF POTENTIAL OFFICIAL MISCONDUCT

A January 19, 2009 Willamette Week article suggested the possibility that
former Portland Mercury reporter Amy Ruiz was hired by Adams in an effort to
halt her investigation into the Breedlove story. If true, this could potentially
provide the factual basis for a charge of official misconduct. Deleted: [4]

Ruiz was employed by the Portland Mercury in the fall of 2007 when
Breedlove first contacted her. She reports that she could not find any sources
who would corroborate the allegations. On February 29, 2008, Ruiz met with
Adams to discuss the anonymous email she received on January 2, 2008. The
email contained specifics about Breedlove and Adams kissing in a City Hall Deleted: the
men’s restroom, and included a reference to a security guard who might have
information. Ruiz recalls showing the email to Adams. According to Ruiz,
Adams’ response was, “whoever wrote this believes it.” Adams claims he denied
the allegations. In consultation with her editor, Ruiz stopped her pursuit of the
story after confronting Adams and the Mercury declined to print a story based on
Breedlove’s uncorroborated allegations.

Ruiz states that she noticed the Planning and Sustainability Advisor
position posted on the web at “CommissionerSam.com” on or about October 27,
2008. After she saw the opening, she provided her resume to Adams’ Chief of Deleted: s
Staff, Tom Miller. Eventually, Lisa Libby called and asked her to come in for an
interview. On December 22nd, Ruiz received a call requesting that she return for Deleted: her
a final interview and was offered the job. She asserts that she never had any
contact with Adams during the hiring process and issues regarding the Breedlove
story she explored earlier in 2008 were never raised.

Libby and Miller give similar accounts of the hiring of Ruiz. Libby currently Deleted: Adams’ staffer Lisa
serves as the Planning and Sustainability Director for the Portland Mayor’s office Deleted: Chief of Staff Tom
and began in this position in January of 2009. Prior to this position, she served Deleted: relay
as the Senior Policy Director for Commissioner Adams. Libby claims she was Deleted: Lisa
responsible for posting the job. She reviewed between 35 and 40 applications
and selected 10 individuals for interviews. After the initial process, there was a
change in the position as two internal offices merged, which caused her to re-
examine the applications for the position of Policy Advisor. When she finally
made calls for interviews, Ruiz was one of the individuals contacted.

At some point prior to final interviews, Libby suggested to Miller that

existing city planner Radcliffe Dacanay might be a good fit for the new bureau.
Dacanay had not applied for the position. Miller reports that he and Libby
approached Dacanay about the position of Policy Advisor in the new bureau and Formatted: Right: 0.25"

13
that Dacanay declined. Dacanay confirmed that Libby and Miller offered him the
new position in the first or second week of December 2008 and that he declined.

Libby claims that based on first-round interviews, she narrowed the pool
down to three applicants and asked Adams Chief of Staff Tom Miller to sit in on
the second interview. Miller advised that when he became the Chief of Staff for
Mayor Adams, he and Adams agreed that Miller would have control over the
hiring and firing of personnel. This is confirmed by Adams and other staffers.
After the final interviews, Libby and Miller agreed that Ruiz was the top candidate
for the position. Libby and Miller confirm that Ruiz’s work on the Breedlove story
was never discussed during the hiring process.

Libby claims that immediately after the second interview of Ruiz, Miller Deleted: Miller
walked over to Adams’ office. Libby further reports that Miller returned in a Deleted: s
matter of minutes and indicated that Ruiz would be offered the position. Neither Inserted: s
Miller nor Adams recall if Adams was actually consulted for approval before the
position was offered to Ruiz. According to Libby, Miller reported to her that Deleted: Libby
Adams was fine with their choice. Ruiz was offered and accepted her current
position.

Conclusion

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

Part 3: Lying Formatted: Highlight

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

Formatted: Right: 0.25"

14
 SCOPE OF INVESTIGATION

A. INTERVIEWS

During this investigation, the following persons were interviewed on the dates
indicated in 2009:6 Deleted: [5]
1. Sam Adams – May 28th (Portland Mayor) Deleted: 2
2. Mario Aguilar - March 16th (Friend of Beau Breedlove) Deleted: 3
3. Jane Ames – February 11th and February 19th (Adams staff) Deleted: 4
4. Robert Ball – February 4th (Real estate developer)
Deleted: 5
5. Jesse Beason – February 12th and February 19th (Previous Adams
staff) Deleted: 6
6. Pollyanne Birge – February 17th (City of Portland staff) Deleted: 7
7. Beau Breedlove – February 23rd, March 26th, April 14th and May 1st Deleted: 8
8. Kate Brown – April 20th (Secretary of State) Formatted: Indent: Left:
9. Roland Chlapowski – February 12th, February 19th and March 18th 0.67", Hanging: 0.33"
(Adams staff) Deleted: 9
10. Catherine Ciarlo – February 12th (Adams staff) Deleted: ¶
11. Glenn Clark – March 18th (DePaul Industries Security Guard)
12. Radcliffe Dacanay – April 8th (City of Portland Planning Bureau) Deleted:
13. Jacoby Demissie – March 20th (Previous DePaul Industries
Security Guard)
14. Carol Duong – February 11th and April 9th (Adams staff)
15. Cevero Gonzales – February 12th, May 4th and May 18th (Adams
staff)
16. David Gonzales – February 25th (Previous Adams staff)
17. James Graham – March 11th (Former DePaul Industries Security
Guard)
18. Warren Jimenez – March 12th and March 17th (Adams staff)
19. Gordon Johnston – February 27th (Previous Adams volunteer)
20. Vera Katz – March 11th (Previous Portland Mayor)
21. Robert Kieta – March 6th (City of Portland staff)
22. Ty Kovatch – March 12th (Chief of Staff for Commissioner Randy
Leonard)
23. Jason Landon – March 23rd (DePaul Industries Security Guard)
24. Alacia Lauer – April 9th (Adams staff)
25. Randy Leonard – March 12th (Portland City Commissioner)
26. Lisa Libby – February 11th and May 27th (Adams staff)
27. Maria Lim – February 11th (City of Portland staff; previous Adams
staff)
28. Thomas Miller – March 4th (Chief of Staff for Mayor Sam Adams)

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

investigation. Formatted: Right: 0.25"

15
 29. Scott Moore – January 27th (Former Mercury newspaper reporter)
30. Warren Newberry – February 11th (Adams staff)
31. Wade Nkrumah – February 5th (Previous Adams staff)
32. Arissa Oliveros – February 27th (Former DePaul Industries Security
Guard)
33. Shoshannah Oppenheim – February 17th (Adams staff)
34. Paul Peterson – February 11th (Adams staff)
35. Amy Ruiz – February 17th and February 23rd (Adams staff; former
Mercury newspaper reporter)
36. Obadiah Rutledge – January 27th and April 8th (Administrative
Specialist/Reading Clerk, Oregon House of Representatives)
37. Kimberly Schneider – February 11th (Adams staff)
38. Kathryn Skorniak – February 13th (Friend of Beau Breedlove)
39. Sierra Stringfield – April 13th and April 24th (Adams staff)
40. Maria Thai Mai – February 27th (Former Adams staff)
41. Kim Thatcher – February 3rd (Oregon State Representative)
42. Robert Tybie – March 5th (Former DePaul Industries Security
Guard)
43. Grace Uwagbae – February 11th and April 8th (Adams staff)
44. John Vezina – February 18th (Friend of Adams in 2005)
45. Lacey Visto – May 28th (Friend of Breedlove in 2005)
46. Adam Villarreal – April 6th and April 20th (Friend of Beau Breedlove)
47. Mark Weiner – January 29th and April 6th (Political Consultant to
Adams)
48. Davis Wilson – March 31st (Former day porter at Portland City Hall)
49. Jennifer Yocum – February 11th (Adams staff)

B. DIGITIAL, ELECTRONIC AND TRADITIONAL INFORMATION REVIEW

This investigation included an extensive review of the following records

(see Attachment #1 for greater detail):
• Portland City Hall security records (April 2005 – June 2005)
• Adams’ cell phone records (January 2005 – December 2005 and April
2008 – February 2009)
• City archived emails for Adams (dates)
• Adams’ personal email accounts (January 2007 – March 2009)
• Adams’ city calendar (April 2005 through July 2005)
• Breedlove phone records (April 12, 2005 through May 12, 2005)
• All known print, television and radio interviews featuring Breedlove,
Adams or others relating to this investigation
• Social networking sites for Breedlove and Adams (Facebook and
MySpace)

A Blackberry Pearl cell phone used by Breedlove was examined.

Breedlove voluntarily provided his phone to our investigators on March 26, 2009.
Formatted: Right: 0.25"
Text messages from January 22, 2009 – March 5, 2009 were recovered.

16
 Formatted: Highlight
The following computers, cell phone and memory cards used by Adams Deleted: End of report¶
were examined. They were provided to this investigation by Adams’ legal ¶
Beau Breedlove has alleged, in the
counsel on the dates specified below.[if we are going to say this we need to list course of this investigation and
all the dates for each item] publicly in various interviews, that
• Office laptop he and Sam Adams kissed on two
separate occasions before
• Home computer Breedlove turned 18. Sam Adams
• Personal laptop denies any intimate kisses or
• Sprint cell phone contact with Breedlove until after
Breedlove’s eighteenth birthday. ¶
• Text messages from January 21, 2009 – January 28, 2009 were ¶
recovered. The threshold issue is
determining whether there is a
• Two SIM/memory cards linked Adams’ cell phone factual basis that the kisses
occurred. If so, the facts as alleged
by Breedlove could arguably
provide the factual basis for the
crime of misdemeanor sexual
abuse in the third degree[6].
Proving that crime would also
require the state to establish that
the kisses constituted “sexual
contact” as defined by law[7]. The
statute of limitations on this count
expires on June 25, 2009 – four
years after Breedlove’s 18th
birthday (ORS 131.125(3)).¶
¶
Breedlove and Adams were
both interviewed as to their
recollection of the two alleged
kissing incidents. Every
reasonable effort was made to
corroborate critical elements of
each account based on available
records, prior statements made by
Breedlove and Adams and
statements of other witnesses.
Before turning to the issues in
dispute, we first detail those facts
not in dispute. This investigation
explored whether Portland Mayor
Sam Adams violated any criminal
laws of the State of Oregon during
his relationship with Beau
Breedlove or in the course his
efforts to conceal the nature of
their relationship. Based on
available evidence reviewed in this
investigation, we conclude that
there is insufficient evidence to
support the allegation that Adams... [1]
Formatted: Space After:
0 pt, No widow/orphan
control, Don't adjust
space between Latin and
Asian text, Don't adjust
space between Asian text
Formatted: Right: 0.25"

17
 Page 17: [1] Deleted Mary Williams 6/16/2009 11:40 AM
End of report

Beau Breedlove has alleged, in the course of this investigation and publicly in various
interviews, that he and Sam Adams kissed on two separate occasions before Breedlove
turned 18. Sam Adams denies any intimate kisses or contact with Breedlove until after
Breedlove’s eighteenth birthday.

The threshold issue is determining whether there is a factual basis that the kisses
occurred. If so, the facts as alleged by Breedlove could arguably provide the factual
basis for the crime of misdemeanor sexual abuse in the third degree[6]. Proving that
crime would also require the state to establish that the kisses constituted “sexual contact”
as defined by law[7]. The statute of limitations on this count expires on June 25, 2009 –
four years after Breedlove’s 18th birthday (ORS 131.125(3)).

Breedlove and Adams were both interviewed as to their recollection of the two
alleged kissing incidents. Every reasonable effort was made to corroborate critical
elements of each account based on available records, prior statements made by Breedlove
and Adams and statements of other witnesses. Before turning to the issues in dispute, we
first detail those facts not in dispute. This investigation explored whether Portland Mayor
Sam Adams violated any criminal laws of the State of Oregon during his relationship
with Beau Breedlove or in the course his efforts to conceal the nature of their
relationship. Based on available evidence reviewed in this investigation, we conclude
that there is insufficient evidence to support the allegation that Adams had criminal
sexual conduct with Breedlove while Breedlove was a minor. We also conclude that
there is no evidence that Adams unlawfully used his position to silence Amy Ruiz in her
pursuit of the Breedlove story.

Two days prior, on January 19, 2009, Sam Adams admitted to Willamette Week reporter
Nigel Jaquiss that Adams had a sexual relationship with Beau Breedlove in the summer
of 2005. This admission was in contradiction to earlier public denials by Sam Adams.
That same day, Willamette Week published an article featuring Adams’ admission. The
article suggested the possibility that Adams and Breedlove had a sexual relationship
while Breedlove was 17 and further suggested that previous Portland Mercury reporter
Amy Ruiz was hired by Adams in an effort to halt her investigation and reporting into the
Breedlove story.

Dm1/#1449591-v1

[1] As discussed below, Breedlove alleges he and Adams kissed at some point during their drive.
[2] First Thursday at City Hall was an event hosted by Commissioner Sam Adams as part of his role as the
Arts Commissioner. These events occurred in concert with Portland First Thursday art gallery open house
functions on the first Thursday of each month. During these events, Adams would introduce artists whose
works were on display in City Hall. These events were open to the public. According to staffers, Adams
would regularly circulate through the crowd and network with attendees.
[3] Considering the date of their first contact by phone, their intervening lunch, and the fact that Adams
was out of town for the June 2005 First Thursday function, it is likely that Adams and Breedlove both
attended the First Thursday event that fell on May 5, 2005.

[4] ORS 162.415 Official misconduct in the first degree.

(1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain
a benefit or to harm another:
(a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or
one clearly inherent in the nature of office; or
(b) The public servant knowingly performs an act constituting an unauthorized exercise in official
duties.
(2) Official misconduct in the first degree is a Class A misdemeanor.
ORS 162.405 Official misconduct in the second degree.
(1) A public servant commits the crime of official misconduct in the second degree if the person
knowingly violates any statute relating to the office of the person.
(2) Official misconduct in the second degree is a Class C misdemeanor

[5] Mark Merkle, ex-boyfriend of Beau Breedlove, refused to be interviewed as part of this investigation.
[6] ORS 163.415 Sexual abuse in the third degree.
(1) A person commits the crime of sexual abuse in the third degree if the person subjects another
person to sexual contact and:
(a) The victim does not consent to the sexual contact; or
(b) The victim is incapable of consent by reason of being under 18 years of age.
(2) Sexual abuse in the third degree is a Class A misdemeanor.

[7] ORS 163.305(6) “Sexual contact” means any touching of the sexual or other intimate parts of a person
or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or
gratifying the sexual desire of either party.