Adams Investigation Report Version 3

1

Formatted:

Right: 0.25"

DEPARTMENT OF JUSTICE

CRIMINAL JUSTICE DIVISION

INVESTIGATION REPORT

CASE/FILE NO.: CPC0001-09DATE OF REPORT: JuneSPECIAL AGENT: Ron NelsonATTORNEY: Donna Maddux

I. BASIS FOR INVESTIGATION

On January 21, 2009, Multnomah County District Attorney MichaelSchrunk and Portland Police Chief Rosanne Sizer jointly requested the initiationof an investigation by the Oregon Department of Justice (DOJ). They asked Attorney General Krogerto determine whether a criminal prosecution isappropriate as a result of Mayor Sam Adams’ conduct in connection with hisrelationship to Beau Breedlove. In response, the Attorney General and the Department of Justiceconducted an exhaustiveinvestigation, whichincluded interviews withmore than 50 witnesses; an extensive review of City Hall records that include telephone andemail accounts; a review of Breedlove’s cell-phone records; and a forensicexamination of Adams’phones andcomputers.The investigation addressed and answers three key legal questions:1. Did Adams havesexual contact with Breedlove in 2005 while Breedlovewas a minorand thereby violate ORS 163.415

2

?

2

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 subjectsanother 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.

Deleted:

request letter

Deleted:

, addressed to

Deleted:

s

Deleted:

, states:¶ ¶“This confirms ourconversation regarding aninvestigation of the matterspertaining to Mayor Sam Adamsand Beau Breedlove that havecome to public attention. Aspresented to the public, the factscould lead some to questionwhether criminal laws have beenviolated. Without expressing anyopinion as to whether they have,we have concluded that aninvestigation to answer thatquestion is warranted.”

Deleted:

This

Deleted:

more than

Inserted:

more than

Deleted:

almost

Inserted:

almost

Deleted:

d

Deleted:Deleted:

s

Inserted:

s phones and

Deleted:

Based on the factsgathered by this investigation, t

Deleted:

must be answered

Deleted:

violate ORS 163.415

1

by

Inserted:

1

Deleted:

ing

2

Formatted:

Right: 0.25"

ANSWER: The evidence does not support charging Adams with the crimeof sexual abuse in the third degree. The investigation revealed no corroborationof Breedlove’s accusation that Adams kissed him before Breedlove’s 18

th

birthday. Breedlove appears not to have mentioned the incidents until 2007—more than two years after they allegedly occurred. Moreover, Breedlove’scredibility—on which successful prosecution of a charge would depend—isundermined by the fact that he has repeatedly changed his story. Given the lackof evidence and the unreliability of the sole witness, we believe a jury would findreasonable and significant doubt that Adams committed sexual abuse in the thirddegree. 2. Did Adams commit official misconduct in violation of ORS 162.415

3

byhiring a

Portland Mercury

reporter in 2008 in an effort to stop her from pursuingastoryabout Adams’s relationship with BreedloveduringAdams’scampaign for mayor?ANSWER: The evidence does not support charging Adams with officialmisconduct based on hiring former

Portland Mercury

reporter Amy Ruiz. Theevidence overwhelmingly shows that Adams had little if anything to do with thehiring process. There is no evidence Ruiz was hired in an effort to stop her frompursuing the story of Adams’ relationship with Breedlove.3. Did Adams commit official misconduct in violation of ORS 162.415ortheft by deception in violation of ORS 164.085

4

by lying about his relationship

3

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 bylaw or one clearly inherent in the nature of office; or(b) The public servant knowingly performs an act constituting an unauthorized exercise inofficial duties.(2) Official misconduct in the first degree is a Class A misdemeanor.

4

ORS 164.085 Theft by deception.(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 propertyinvolved;

Formatted:

Superscript

Deleted:

the

Deleted:

his

Deleted:

s

3

Formatted:

Right: 0.25"

with Breedlove when questionsabout that relationshipfirst emergedor in Adams’s mayoral campaign?ANSWER: The evidence does not support charging Adams with officialmisconduct or theft by deception based on the lies Adams told about hisrelationship with Breedlove. Adams did not significantly use city resources topromote or further his claim that he did not engage in sexual relations withBreedlove prior to Breedlove turning age 18. Nor did Adams convey lies abouthis relationship with Breedlove to potential campaign supporters in an effort toobtain contributions.

II. SYNOPSIS OF INVESTIGATION

A.FACTS RELATED TO THEALLEGATION OF SEXUALABUSE

1.

Undisputed Facts

In March of 2005, Breedlove worked as a volunteer intern for Oregon StateRepresentative Kim Thatcher in her Capitol office in Salem. Breedlove was 17years old and had graduated from high school nine months earlier, according toSprague High School records. In March of 2005, Adams was serving as aPortland City Commissioner.On March 24, 2005 Adams traveled to Salem with intern policy analystRoland Chlapowski to meet with legislators and to discuss transportation issues.Adams and Breedlove first crossed paths when Adams briefly passedRepresentativeThatcher’s office. The two made eye contact but did not interactthat day. Breedlove was interested in meeting Adams.Although details varysomewhat, Adams and Breedloveboth acknowledge that, before Adams left thebuilding Adams was provided with a card that included Breedlove’s name,phonenumber and a brief note from Breedlove.Adams lost the card containing Breedlove’s contact information. He calledRepresentativeThatcher’s office on March 31, 2005, and spoke with a womanwho provided Breedlove’s number. Adams called Breedlove that day and the

* * * * *(2) “Deception” does not include falsity as to matters having no pecuniary significance, orrepresentations unlikely to deceive ordinary persons in the group addressed. * * *(3) In a prosecution for theft by deception, the defendant’s intention or belief that a promisewould not be performed may not be established by or inferred from the fact alone that such promisewas not performed.* * * * *

Formatted:

Indent: Left:0", Hanging: 0.5"

Deleted:

¶Conclusion:¶¶1. The evidence does notsupport charging Adams with thecrime of Sexual Abuse in theThird Degree. Despite exhaustiveinterviews, there is significantquestion as to whether there wasany physical contact betweenAdams and Breedlove prior toBreedlove’s 18

th

birthday. Theinvestigation revelaled nocorroboration of the incidents inwhich Breedlove accuses Adamsof kissing him. Breedloveappears not to have mentionedthe incidents until 2007 -- morethan two years after theyallegedly occurred. Breedlovehas further undermined hiscredibility by repeatedly changinghis story and by concealing hisrole in bringing the story to light.Given the lack of evidence andthe unreliability of the solewitness, prosecutors concludethat there are significant doubtsthat Adams committed SexualAbuse in the Third Degree.¶¶2. The evidence does not supportcharging Adams with officialmisconduct by hiring former

Portland Mercury

reporter AmyRuiz in an effort to stop her frompursuing the story. The evidenceoverwhelmingly shows thatAdams had little if anything to dowith the hiring process.¶

Deleted:

CRIMINAL

Deleted:

CONTACT WITHBREEDLOVE

Deleted:Deleted:

.

Deleted:

Recollections abouthow Adams was provided withBreedlove’s contact informationdiffer, but

Deleted:

,

Deleted:

business