Professional Documents
Culture Documents
INVESTIGATION REPORT
ANSWER: The evidence does not support charging Adams with the crime
of sexual abuse in the third degree. The investigation revealed no corroboration
(1) A person commits the crime of sexual abuse in the third degree if the person subjects
another person to sexual contact and:
(b) The victim is incapable of consent by reason of being under 18 years of age.
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of Breedlove’s accusation that Adams kissed him before Breedlove’s 18th
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’s relationship with Breedlove.
ANSWER: The evidence does not support charging Adams with official
misconduct based on the lies Adams told about his relationship with Breedlove.
1. Undisputed Facts
(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.
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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
that day. Breedlove was interested in meeting Adams. Although details vary
somewhat, Adams and Breedlove both acknowledge that, before Adams left the
building, Adams was provided with a card that included Breedlove’s name,
number and a brief note from Breedlove.
3 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.
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before Breedlove turned 18 on June 25, 2005.4 The investigation concludes that
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
evening with a friend. Breedlove arrived at City Hall alone and with a gift for
Adams. Adams then pulled a few staff members into his office and told them that
there was a 17-year-old at the event who was interested in Adams. Adams
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
the Lotus Restaurant. Adams and Breedlove later left the restaurant when
Breedlove’s friend arrived to pick him up. Adams and Breedlove both state there
was no intimate physical contact between them either during or after their meal at
the Lotus restaurant.
2. Disputed allegations
4 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.
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still underage—Adams stopped at a traffic light, leaned over and 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
company at the train station without further physical contact.
b. First Thursday
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.
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
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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
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.
Adams claims he did not want to leave Breedlove by himself in City Hall but also
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
train station have been identified or have stepped forward. No one, other than
Breedlove, reports seeing Adams and Breedlove enter or exit the bathroom
together or kiss on the night Breedlove and Adams attended the First Thursday
event.
Clark claims he forgot about this conversation with Demissie until he ran
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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
Demissie four years prior.
4. Credibility Issues
a. Breedlove
i. Inconsistent Statements
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Investigators attempted to find the truth by interviewing close friends and
associates to whom Breedlove might have confided in 2005. Breedlove declined
to cooperate by identifying potential witnesses who could confirm that he had
described these events to others at the time they occurred. Investigators
identified one close friend who was in contact with Breedlove by cell phone and
text message in April and May of 2005. Lacey Visto, who described her
relationship with Breedlove in 2005 as “close,” recalled Breedlove telling her
about meeting Adams at the Legislature. She maintains that Breedlove told her
his initial interest in Adams was romantic and that he wanted to move his
relationship with Adams forward at a rapid pace. She stated that Breedlove
pursued the relationship aggressively. She recalls Breedlove indicating that
Adams was hesitant due to their age difference and the fact that Adams was a
public figure. Breedlove did not mention to her any sexual contact with Adams
before Breedlove’s 18th birthday.
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• 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.
• January 9, 2009. Breedlove called Ruiz to make sure she had not
spoken with Adams about what he told her or about the fact that he
was her anonymous source.
• January 15, 2009. A Willamette Week reporter and editor met with
Adams and confronted him with their information.
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Breedlove. This was the first of many print, radio and television
interviews for Breedlove.
b. Adams
Adams has admitted that he lied about the nature of his relationship with
Beau Breedlove, both publicly and privately. According to Adams, these lies
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.
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further his inaccurate portrayal of their relationship.
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two personal computers and his PDA/cell phone, in addition to providing user
names and passwords for Adams’s email and social networking accounts.
Adams’s delay in complying with requests for electronic data in the course
of this investigation raises additional questions. While this investigation was
requesting access to Adams’s equipment and pushing for full cooperation,
Adams was asserting, to the press and to city staff, that he intended to fully
comply with this investigation.
Conclusion
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
explaining to the media that he was fully cooperating with the investigation,
Adams’s lawyers were hampering the investigation. Adams has every motive to
lie about kissing Breedlove before Breedlove’s 18th birthday. But a prosecutor
would bear the burden to prove beyond a reasonable doubt that Breedlove’s
account is true. That burden could not be met under the circumstances of this
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
events. He willingly agreed to lie at Adams’s request. When Breedlove did 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
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criminal prosecution.
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.
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 the City Hall
men’s restroom, and included a reference to a security guard who might have
information. Ruiz recalls showing the email to Adams. 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’s Chief of
Staff, Tom Miller. Eventually, Lisa Libby called and asked her to come in for an
interview. On December 22nd, Ruiz received a call requesting her return for 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
serves as the Planning and Sustainability Director for the Portland Mayor’s office
and began in this position in January of 2009. Prior to this position, she served
as the Senior Policy Director for Commissioner Adams. Libby claims she was
responsible for posting the job. She reviewed between 35 and 40 applications
and selected 10 individuals for interviews. After 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.
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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 Miller immediately walked over to Adams’s office. Libby
further reports that Miller returned in a matter of minutes and indicated that Ruiz
would be offered the position. Neither Miller nor Adams recall if Adams was
actually consulted for approval before the position was offered to Ruiz. Miller
reported to Libby that 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 Amy Ruiz
in an effort to cover-up her investigation and reporting of the Breedlove/Adams
story.
Part 3: Lying
This is where we discuss whether or not there’s evidence that Adams instructed
city staff to lie on his behalf on city time.
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SCOPE OF INVESTIGATION
A. INTERVIEWS
During this investigation, the following persons were interviewed on the dates
indicated in 2009:5
2. Sam Adams – May 28th (Portland Mayor)
3. Mario Aguilar - March 16th (Friend of Beau Breedlove)
4. Jane Ames – February 11th and February 19th (Adams staff)
5. Robert Ball – February 4th (Real estate developer)
6. Jesse Beason – February 12th and February 19th (Previous Adams
staff)
7. Pollyanne Birge – February 17th (City of Portland staff)
8. Beau Breedlove – February 23rd, March 26th, April 14th and May 1st
9. Kate Brown – April 20th (Secretary of State)
Roland Chlapowski – February 12th,
February 19th and March 18th (Adams staff)
10. Catherine Ciarlo – February 12th (Adams staff)
11. Glenn Clark – March 18th (DePaul Industries Security Guard)
12. Radcliffe Dacanay – April 8th (City of Portland Planning Bureau)
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)
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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)
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The following computers, cell phone and memory cards used by Adams
were examined. They were provided to this investigation by Adams’ legal
counsel on the dates specified below.
• Office laptop
• Home computer
• Personal laptop
• Sprint cell phone
• Text messages from January 21, 2009 – January 28, 2009 were
recovered.
• Two SIM/memory cards linked Adams’ cell phone
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