Académique Documents
Professionnel Documents
Culture Documents
INVESTIGATION REPORT
1
ANSWER: The evidence does not support charging Adams with the crime
of sexual abuse in the third degree. The investigation revealed no corroboration
of Breedlove’s accusation that Adams kissed him before Breedlove’s 18th Formatted: Superscript
birthday. Breedlove appears not to have mentioned the incidents until 2007—
more than two years after they allegedly occurred. Moreover, Breedlove’s
credibility—on which successful prosecution of a charge would depend—is
undermined by the fact that he has repeatedly changed his story. Given the lack
of evidence and the unreliability of the sole witness, we believe a jury would find
reasonable and significant doubt that Adams committed sexual abuse in the third
degree.
ANSWER: The evidence does not support charging Adams with official
misconduct based on hiring former Portland Mercury reporter Amy Ruiz. The
evidence overwhelmingly shows that Adams had little if anything to do with the
hiring process. There is no evidence Ruiz was hired in an effort to stop her from
pursuing the story of Adams’ relationship with Breedlove. Deleted: s
(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.
(1) A person, who obtains property of another thereby, commits theft by deception when,
with intent to defraud, the person:
(a) Creates or confirms another’s false impression of law, value, intention or other state of
mind that the actor does not believe to be true;
(b) Fails to correct a false impression that the person previously created or confirmed;
(c) Prevents another from acquiring information pertinent to the disposition of the property
involved; Formatted: Right: 0.25"
2
with Breedlove when questions about that relationship first emerged or in Deleted: ¶
Adams’s mayoral campaign? Conclusion:¶
¶
1. The evidence does not
ANSWER: The evidence does not support charging Adams with official support charging Adams with the
misconduct or theft by deception based on the lies Adams told about his crime of Sexual Abuse in the
relationship with Breedlove. Adams did not significantly use city resources to Third Degree. Despite exhaustive
interviews, there is significant
promote or further his claim that he did not engage in sexual relations with question as to whether there was
Breedlove prior to Breedlove turning age 18. Nor did Adams convey lies about any physical contact between
his relationship with Breedlove to potential campaign supporters in an effort to Adams and Breedlove prior to
Breedlove’s 18th birthday. The
obtain contributions. investigation revelaled no
corroboration of the incidents in
which Breedlove accuses Adams
of kissing him. Breedlove
II. SYNOPSIS OF INVESTIGATION appears not to have mentioned
the incidents until 2007 -- more
A. FACTS RELATED TO THE ALLEGATION OF SEXUAL ABUSE than two years after they
allegedly occurred. Breedlove
has further undermined his
1. Undisputed Facts credibility by repeatedly changing
his story and by concealing his
role in bringing the story to light.
In March of 2005, Breedlove worked as a volunteer intern for Oregon State Given the lack of evidence and
Representative Kim Thatcher in her Capitol office in Salem. Breedlove was 17 the unreliability of the sole
years old and had graduated from high school nine months earlier, according to witness, prosecutors conclude
that there are significant doubts
Sprague High School records. In March of 2005, Adams was serving as a that Adams committed Sexual
Portland City Commissioner. Abuse in the Third Degree.¶
¶
2. The evidence does not support
On March 24, 2005 Adams traveled to Salem with intern policy analyst charging Adams with official
Roland Chlapowski to meet with legislators and to discuss transportation issues. misconduct by hiring former
Adams and Breedlove first crossed paths when Adams briefly passed Portland Mercury reporter Amy
Ruiz in an effort to stop her from
Representative Thatcher’s office. The two made eye contact but did not interact pursuing the story. The evidence
that day. Breedlove was interested in meeting Adams. Although details vary overwhelmingly shows that
somewhat, Adams and Breedlove both acknowledge that, before Adams left the Adams had little if anything to do
with the hiring process.¶ ... [1]
building Adams was provided with a card that included Breedlove’s name, phone
number and a brief note from Breedlove. Deleted: CRIMINAL
Deleted: CONTACT WITH
Adams lost the card containing Breedlove’s contact information. He called BREEDLOVE
Representative Thatcher’s office on March 31, 2005, and spoke with a woman Formatted: Indent: Left:
0", Hanging: 0.5"
who provided Breedlove’s number. Adams called Breedlove that day and the
Deleted:
Deleted: .
***** Deleted: Recollections about
how Adams was provided with
(2) “Deception” does not include falsity as to matters having no pecuniary significance, or Breedlove’s contact information
representations unlikely to deceive ordinary persons in the group addressed. * * * differ, but
Deleted: ,
(3) In a prosecution for theft by deception, the defendant’s intention or belief that a promise
would not be performed may not be established by or inferred from the fact alone that such promise Deleted: business
was not performed. Deleted: or similar card
Deleted: .
*****
Formatted: Right: 0.25"
3
two began communicating by cell phone and text message. Available records
show cell phone and text message communication through April, May, June and
July of 2005.
Breedlove subsequently received notice of a First Thursday event at City Deleted: Adams and
Hall and decided to attend.5 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]
before Breedlove turned 18 on June 25, 2005.6 The investigation concludes that
Deleted: fell
it was likely May 5, 2005.
Deleted: [3]
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
5 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.
6 Considering the date of their first contact by phone, their intervening lunch, and the fact that
Adams was out of town for the June 2005 First Thursday function, it is likely that Adams and
Breedlove both attended the First Thursday event that occurred on May 5, 2005. Formatted: Right: 0.25"
4
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.
In his statements to DOJ investigators, Breedlove asserts that during the Deleted:
drive to the train station after lunch at the Macaroni Grill in April 2005—when Deleted:
Breedlove was still underage—Adams stopped at a traffic light, leaned over and Deleted: After
kissed Breedlove on the lips. Breedlove believed this to be a mutual kiss and Deleted: from the Macaroni
has described the kiss as “brief” and “romantic.” Breedlove and Adams parted Grill lunch
company at the train station without further physical contact. Deleted: ,
Deleted: near Pioneer Square
Adams acknowledges that he was attracted to Breedlove and considered and
the lunch to be a date based on their cell-phone and text-message exchanges Deleted: At the train station,
leading up to the lunch, which Adams described as mildly flirtatious. Adams Deleted:
denies any kissing or intimate physical contact between himself and Breedlove Deleted:
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
Formatted: Right: 0.25"
5
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
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.
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.
6
were in the bathroom together, something Adams denies. Deleted: .
7
a. Breedlove Deleted: ¶
Formatted: Indent: Left:
i. Inconsistent Statements 0", First line: 0"
Deleted: ¶
Over time, Breedlove has provided different statements about the Deleted:
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
Deleted: that day
has stated that the only kiss that day occurred while Adams was driving him to
the train station. He has also said Adams kissed him when Adams dropped Deleted: in the truck stopped
Breedlove off at the train station. at a stop light
Deleted: he
• January 22, 2009. Breedlove provided a statement to Adams’ Deleted: s
attorney Sam Kauffman and investigator Kara Beus asserting Inserted: s
that he and Adams engaged in no sexual contact or kissing at
any time before Breedlove’s 18th birthday. Deleted: his
8
resurgence of this story after he moved to Portland from Michigan in November
2007, fueling the story through January 2009. Although there may be legitimate Deleted: .
reasons for Breedlove bringing the story to light at that time, it is likely that a jury Deleted:
would view the timing of the disclosures as an additional reason to doubt
Breedlove’s credibility. This view is bolstered by the fact that— in statements to Deleted: Despite this,
Adams and the media—Breedlove never hints at his direct role in bringing the Deleted: ,
story to public light. The following provides an overview of related key events: Deleted:
• January 2, 2008. Breedlove met Ruiz at the Higgins restaurant. He Deleted: That night,
admitted that he was her source but refused to go on record. He
expressed a desire for Ruiz to independently confirm his story
about his relationship with Adams so that it can be reported without
his participation. Breedlove provided sources for Ruiz to consult to
corroborate his claim that he had a sexual relationship with Adams
in 2005.
9
• January 9, 2009. Breedlove called Ruiz to make sure she had not
spoken with Adams about what Breedlove had told her or about the Deleted: he
fact that Breedlove was her anonymous source. Deleted: he
• January 15, 2009. A Willamette Week reporter and editor met with
Adams and confronted him with their information.
10
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
Adams has admitted that his description of his relationship with Deleted: Because
Breedlove in 2007 and 2008 was predicated on a lie and that he made a number Deleted: , Adams has
of inconsistent statements about the details of his interactions with Breedlove to
further his inaccurate portrayal of their relationship.
ii. Adams’ public claims of cooperation with this Formatted: Font: Bold
investigation. Deleted: s
On Monday, January 27 (check date) DOJ’s Attorney in Charge of the Formatted: Highlight
Organized Crime Section, Donna Maddux, contacted Sam Kauffman and Formatted: Right: 0.25"
11
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 Deleted: Special Agent Ron
the Portland law offices of Garvey Schubert Barer to meet with Kauffman. Earlier
Formatted: Highlight
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.
12
to production of two PDA memory cards that were previously in Adams’ Deleted: his
possession and were now in the possession of Garvey Schubert Barer.
Both Adams and Breedlove have little credibility as to their reports of the
events that are the subject of this investigation. Adams lied repeatedly about his
sexual relationship with Breedlove. Then while admitting the relationship and Deleted: After
explaining to the media that he was fully cooperating with the investigation,
Adams’ lawyers were hampering the investigation. Adams has every motive to Deleted: his
lie about kissing Breedlove before Breedlove’s 18th birthday. But a prosecutor Deleted: s
would bear the burden to prove beyond a reasonable doubt that Breedlove’s Deleted: throwing up
account is true. That burden could not be met under the circumstances of this roadblocks
matter. Breedlove’s account of the two incidents of kissing before his 18th Deleted: his
birthday is less than credible. He appears to have told no one at the time of the Deleted: the burden of proof is
events and he willingly agreed to lie at Adams’ request. When Breedlove did Breedlove’s to meet. And in
finally raise the incidents more than two years later, he changed his story virtually every sense, Breedlove
does not meet it.
repeatedly. As a result, we conclude that there is not sufficient credible evidence
to justify criminal prosecution. Deleted: or three
Deleted:
B. ALLEGATION OF POTENTIAL OFFICIAL MISCONDUCT Deleted: .
Deleted: H
A January 19, 2009 Willamette Week article suggested the possibility that Deleted: s
former Portland Mercury reporter Amy Ruiz was hired by Adams in an effort to
Inserted: s
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. Formatted: Right: 0.25"
13
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.
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
Formatted: Right: 0.25"
14
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.
15
SCOPE OF INVESTIGATION Deleted: [5]
Deleted: 2
A. INTERVIEWS Deleted: th
Deleted: 3
During this investigation, the following persons were interviewed on the dates th
Deleted:
indicated in 2009:7
Deleted: 4
1. Sam Adams – May 28 (Portland Mayor)
th
2. Mario Aguilar - March 16 (Friend of Beau Breedlove) Deleted: a…nd…th ... [2]
3. Jane Ames – February 11, February 19 and June 10 (Adams staff) Deleted: 5
4. Robert Ball – February 4 (Real estate developer) Deleted:
th
5. Jesse Beason – February 12, February 19, and June 11 (Previous Deleted: 6
Adams staff) Deleted:
th
and …
th
... [3]
6. Pollyanne Birge – February 17 and June 12 (City of Portland staff)
Deleted: 7
7. Beau Breedlove – February 23, March 26, April 14, May 1 and June th
Deleted:
10
8. Kate Brown – April 20 (Secretary of State) Deleted: 8
rd th th st
9. Roland Chlapowski – February 12, February 19 and March 18 Deleted: … … …and … ... [4]
(Adams staff) Formatted: Indent: Left:
10. Catherine Ciarlo – February 12 and June 12 (Adams staff) 0.67", Hanging: 0.33"
11. Glenn Clark – March 18 (DePaul Industries Security Guard) Deleted: 9
12. Radcliffe Dacanay – April 8 (City of Portland Planning Bureau) Deleted:
th
27. Maria Lim – February 11 (City of Portland staff; previous Adams Deleted:
rd
staff) Deleted: th
th
Deleted:
th th
Deleted: and … ... [10]
7 Mark Merkle, an ex-boyfriend of Beau Breedlove, refused to be interviewed as part of this th
Deleted:
investigation.
Formatted: Right: 0.25"
16
28. Richard Lloyd-Jones – June 11 (C & E Systems)
29. Thomas Miller – March 4 and June 10 (Chief of Staff for Mayor Deleted: 8…th ... [11]
Sam Adams)
th
30. Scott Moore – January 27 (Former Mercury newspaper reporter) Deleted: 29… ... [12]
31. Warren Newberry – February 11 (Adams staff) Deleted: 0…
th
... [13]
32. Wade Nkrumah – February 5 (Previous Adams staff) Deleted: 1…th ... [14]
33. Arissa Oliveros – February 27 (Former DePaul Industries Security Deleted: 2…th ... [15]
Guard)
th
34. Shoshannah Oppenheim – February 17 and June 15 (Adams staff) Deleted: 3… ... [16]
35. Paul Peterson – February 11 (Adams staff) Deleted: 4…
th
... [17]
36. Megan Ponder – June 11 (Adams staff)
th rd
37. Amy Ruiz – February 17, February 23 and June 11 (Adams staff; Deleted: 5… and … ... [18]
former Mercury newspaper reporter)
38. Obadiah Rutledge – January 27 and April 8 (Administrative Deleted: 6…th…th ... [19]
Specialist/Reading Clerk, Oregon House of Representatives)
39. Kimberly Schneider – February 11 (Adams staff) Deleted: 7…th ... [20]
40. Kathryn Skorniak – February 13 (Friend of Beau Breedlove) Deleted: 38…
th
... [21]
41. Sierra Stringfield – April 13, April 24 and June 12 (Adams staff) th th
Deleted: 39… and … ... [22]
42. Maria Thai Mai – February 27 and June 15 (Former Adams staff) Deleted: 0…th ... [23]
43. Kim Thatcher – February 3 (Oregon State Representative) rd
Deleted: 1… ... [24]
44. Robert Tybie – March 5 (Former DePaul Industries Security Guard) th
45. Grace Uwagbae – February 11 and April 8 (Adams staff) Deleted: 2… ... [25]
46. John Vezina – February 18 (Friend of Adams in 2005) Deleted: 3…th…th ... [26]
47. Lacey Visto – May 28 (Friend of Breedlove in 2005) Deleted: 4…
th
... [27]
48. Adam Villarreal – April 6 and April 20 (Friend of Beau Breedlove) Deleted: 5…
th
... [28]
49. Mark Weiner – January 29, April 6 and June 11 (Political Deleted: 6…th…th ... [29]
Consultant to Adams) Deleted: 7…th and …th ... [30]
50. Davis Wilson – March 31 (Former day porter at Portland City Hall) st
Deleted: 48… ... [31]
51. Jennifer Yocum – February 11 and June 10 (Adams staff) th
Deleted: 49… ... [32]
B. DIGITIAL, ELECTRONIC AND TRADITIONAL INFORMATION REVIEW Deleted: ¶
17
Deleted: They were provided
A Blackberry Pearl cell phone used by Breedlove was examined. to this investigation by Adams’
legal counsel on the dates
Breedlove voluntarily provided his phone to our investigators on March 26, 2009. specified below.[if we are going
Text messages from January 22, 2009 – March 5, 2009 were recovered. to say this we need to list all the
dates for each item]
The following computers, cell phone and memory cards used by Adams Inserted: [if we are going to
say this we need to list all the
were examined. dates for each item]
• Office laptop Formatted: Highlight
• Home computer
Deleted: End of report¶
• Personal laptop ¶
• Sprint cell phone Beau Breedlove has alleged, in the
course of this investigation and
• Text messages from January 21, 2009 – January 28, 2009 were publicly in various interviews, that
recovered. he and Sam Adams kissed on two
• Two SIM/memory cards linked Adams’ cell phone separate occasions before
Breedlove turned 18. Sam Adams
denies any intimate kisses or
contact with Breedlove until after
Breedlove’s eighteenth birthday. ¶
¶
The threshold issue is
determining whether there is a
factual basis that the kisses
occurred. If so, the facts as alleged
by Breedlove could arguably
provide the factual basis for the
crime of misdemeanor sexual
abuse in the third degree[6].
Proving that crime would also
require the state to establish that
the kisses constituted “sexual
contact” as defined by law[7]. The
statute of limitations on this count
expires on June 25, 2009 – four
years after Breedlove’s 18th
birthday (ORS 131.125(3)).¶
¶
Breedlove and Adams were
both interviewed as to their
recollection of the two alleged
kissing incidents. Every
reasonable effort was made to
corroborate critical elements of
each account based on available
records, prior statements made by
Breedlove and Adams and
statements of other witnesses.
Before turning to the issues in
dispute, we first detail those facts
not in dispute. This investigation
explored whether Portland Mayor... [33]
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
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18
Page 3: [1] Deleted Mary Williams 6/16/2009 10:51 AM
Conclusion:
1. The evidence does not support charging Adams with the crime of
Sexual Abuse in the Third Degree. Despite exhaustive interviews, there is
significant question as to whether there was any physical contact between
Adams and Breedlove prior to Breedlove’s 18th birthday. The investigation
revelaled no corroboration of the incidents in which Breedlove accuses Adams of
kissing him. Breedlove appears not to have mentioned the incidents until 2007 --
more than two years after they allegedly occurred. Breedlove has further
undermined his credibility by repeatedly changing his story and by concealing his
role in bringing the story to light. Given the lack of evidence and the unreliability
of the sole witness, prosecutors conclude that there are significant doubts that
Adams committed Sexual Abuse in the Third Degree.
2. The evidence does not support charging Adams with official misconduct by
hiring former Portland Mercury reporter Amy Ruiz in an effort to stop her from
pursuing the story. The evidence overwhelmingly shows that Adams had little if
anything to do with the hiring process.
3. The evidence does not support charging Adams with official misconduct by
lying about his relationship with Breedlove when the story first emerged publicly
in 2007. (This part is not done)
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.
[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.