Adams Investigation Report Version 4

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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 jointlysent a letter to AttorneyGeneral Kroger asking for an investigation into whether Portland Mayor Sambroke any laws in connection with his relationship with Beau Breedlove In response,theAttorney General and theOregonDepartment of Justice conducted 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 minor in violation ofORS 163.415

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, 163.435 or 163.445?(Need to insertfootnotes) ANSWER: The evidence does not support charging Adams with the crime

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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.

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requested theinitiation of an investigation bythe Oregon Department ofJustice (DOJ)

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. They

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, addressed to

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asked AttorneyGeneral Kroger to determinewhether a criminal prosecution isappropriate as a result of MayorSam Adams’

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request letter

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asked

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to determinewhether a criminal prosecution isappropriate as a result of MayorSam Adams’s conduct inconnection with his relationship toBeau Breedlove.

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conduct in

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Based on the facts

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must be answered

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violate ORS 163.415

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and thereby violate

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of sexual abuse in the third degree, contributing to the sexual delinquency of aminor or sexual misconduct.The investigation found no allegation nor evidencethat Adams and Breedlove engaged in sexual intercourse when Breedlove was aminor.The investigationuncoveredno corroboration of Breedlove’s accusation that Adams kissed him before Breedlove’s 18

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birthday. Breedlove appears notto have mentioned the incidents until 2007— more than two years after theyallegedly 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 ofthe sole witness, we believe a jury would find reasonable and significant doubtthat Adams committed sexual abuse in the third degree. 2. Did Adams commit official misconduct in violation of ORS 162.415

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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

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by lying about his relationship

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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.

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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;

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revealed

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revealed nocorroboration of Breedlove’saccusation that Adams kissedhim before Breedlove’s 18

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birthday. Breedlove appears notto have mentioned the incidentsuntil 2007—

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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

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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 17...In March of 2005, Adams was serving as a Portland City Commissioner.On March 24, 2005,Adams traveled to Salem to meet with legislators andto discuss transportation issues. Adams and Breedlove first crossed paths whenAdams briefly passed RepresentativeThatcher’s office.Although details vary, Adams and Breedloveboth acknowledge that, before Adams left the buildingAdams was provided with a card that included Breedlove’s name,phonenumberand a brief note from Breedlove.Adamssaid helost the card containing Breedlove’s contact information.He called RepresentativeThatcher’s office on March 31, 2005, and spoke with awoman who provided Breedlove’s number. Adams called Breedlove that dayand the two began communicating by cell phone and text message. Availablerecords show cell phone and text message communication through April, May,June and July of 2005.(Can we detail number of calls/texts per month?)

* * * * *(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.* * * * *

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¶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

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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 doubts

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CRIMINAL

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CONTACT WITHBREEDLOVE

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years old and hadgraduated from high school ninemonths earlier, according to

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with intern policyanalyst Roland Chlapowski

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The two made eyecontact but did not interact thatday. Breedlove was interested in