Criminal Investigatory Material/Internal Communication - CONFIDENTIALAdams: Investigative Summary Yellow: Clarification needed from existing investigative documents. Green: Additional investigative work necessary. BASIS FOR INVESTIGATION On January 21, 2009, Multnomah County District Attorney Michael Schrunk and Portland Police Chief Rosanne Sizer requested that the Oregon Department of Justice (DOJ) conduct an investigation into the facts surrounding the reported relationship between Portland Mayor Sam Adams and Beau Breedlove.1 Our inquiry is limited to determining whether there has been a violation of the criminal laws of the State of Oregon. SCOPE OF INVESTIGATION Question #1: Did Adams and Breedlove have criminal sexual contact when Breedlove was 17? Question #2: Did Adams hire Amy Ruiz as a Planning and Sustainability Advisor/Liaison to keep her from pursing/printing the Breedlove story? During this investigation, the following persons were interviewed on the dates indicated: 1. Mario Aguilar - March 16th (Friend of Beau Breedlove) 2. Jane Ames – February 11th and February 19th (Adams staff) 3. Robert Ball – February 4th (Real estate developer) 4. Jesse Beason – February 12th and February 19th (Previous Adams staff) 5. Pollyanne Birge – February 17th (City of Portland staff) 6. Beau Breedlove – February 23rd, March 26th, April 14th and May 1st 7. Kate Brown – April 20th (Secretary of State) 8. Roland Chlapowski – February 12th, February 19th and March 18th (Adams staff) 9. Catherine Ciarlo – February 12th (Adams staff) 10. Glenn Clark – March 18th (DePaul Industries Security Guard) 11. Radcliffe Dacanay – April 8th (City of Portland Planning Bureau) 12. Jacoby Demissie – March 20th (Previous DePaul Industries Security Guard) 13. Carol Duong – February 11th and April 9th (Adams staff) 14. Cevero Gonzales – February 12th and May 4th (Adams staff) 15. David Gonzales – February 25th (Previous Adams staff) 16. James Graham – March 11th (Previous DePaul Industries Security Guard) 17. Warren Jimenez – March 12th and March 17th (Adams staff) 18. Gordon Johnston – February 27th (Previous Adams volunteer) 19. Vera Katz – March 11th (Previous Portland Mayor) 20. Robert Kieta – March 6th (City of Portland staff) 21. Ty Kovatch – March 12th (Chief of Staff for Commissioner Randy Leonard) 1 Exhibit 1 1 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL 22. Jason Landon – March 23rd (Previous DePaul Industries Security Guard) 23. Alacia Lauer – April 9th (Adams staff) 24. Randy Leonard – March 12th (Portland City Commissioner) 25. Lisa Libby – February 11th (Adams staff) 26. Maria Lim – February 11th (City of Portland staff; previous Adams staff) 27. Thomas Miller – March 4th (Chief of Staff for Mayor Sam Adams) 28. Scott Moore – January 27th (Former Mercury newspaper reporter) 29. Warren Newberry – February 11th (Adams staff) 30. Wade Nkrumah – February 5th (Previous Adams staff) 31. Arissa Oliveros – February 27th (Previous DePaul Industries Security Guard) 32. Shoshannah Oppenheim – February 17th (Adams staff) 33. Paul Peterson – February 11th (Adams staff) 34. Amy Ruiz – February 17th and February 23rd (Adams staff; former Mercury newspaper reporter) 35. Obadiah Rutledge – January 27th and April 8th (Administrative Specialist/Reading Clerk, Oregon House of Representatives) 36. Kimberly Schneider – February 11th (Adams staff) 37. Kathryn Skorniak – February 13th (Friend of Beau Breedlove) 38. Sierra Stringfield – April 13th and April 24th (Adams staff) 39. Maria Thai Mai – February 27th (Previous Adams staff) 40. Kim Thatcher – February 3rd (Oregon State Representative) 41. Robert Tybie – March 5th (Previous DePaul Industries Security Guard) 42. Grace Uwagbae – February 11th and April 8th (Adams staff) 43. John Vezina – February 18th (Friend of Adams in 2005) 44. Adam Villarreal – April 6th and April 20th (Friend of Beau Breedlove) 45. Mark Weiner – January 29th and April 6th (Political Consultant to Adams) 46. Davis Wilson – March 31st (Previous day porter at Portland City Hall) 47. Jennifer Yocum – February 11th (Adams staff) This investigation included an extensive review of the following records: • • • • • Detail of public records received from Portland City Offices on specified dates and including (whatever – provided by ) Adams phone records (from city or attorneys or via subpoena) City archived emails for Sam Adams (dates) Sam Adams personal gmail account (dates of records) Adams city calendar provided by City Attorney (dates of available records) A Blackberry Pearl cell phone used by Beau Breedlove was examined. Breedlove voluntarily provided that phone to our investigators on March 26, 2009. Our investigators requested access to Mr. Breedlove’s phone when did we first ask for this. The following computers and a cell phone used by Sam Adams were examined: • • Office laptop Home computer 2 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL • • • Personal laptop Sprint cell phone Two SIM/memory cards linked to cell phone Adams’ Compliance with Investigative Requests for Electronic Data On Thursday, January 23rd, DOJ Criminal Division Chief Counsel Steven Briggs spoke with Adams’ attorney, Robert Weaver. Briggs requested immediate access to Adams’ computers and cell phones. They agreed that Briggs and Special Agent Ron Nelson would pick up Adams city computer at City Hall on Saturday, January 25th. Weaver indicated he would call on Saturday to schedule the exact time to meet. Weaver never called as planned. Weaver did call and leave a message for Briggs on Sunday, requesting more time and suggesting that, in his absence the following week, DOJ work with his partner, Sam Kauffman. On Monday, January 26th, the Attorney in Charge of the Organized Crime Section, Donna Maddux, contacted Sam Kauffman and reiterated DOJ’s request for immediate access to Adams’ computers and cell phones. A request was also made for a complete listing of electronic data 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 their firm, Garvey Schubert Barer. On Wednesday, January 28th, Maddux and Nelson traveled to the Portland law offices of Garvey Schubert Barer to meet with Kauffman. Earlier that day, Maddux provided Kauffman with DOJ consent-to-examine forms. Maddux and Nelson planned to leave Kauffman’s office with Adams’ computers, cell phone and signed consent-to-examine forms. During the meeting, Kauffman provided a one-page list of Adams’ electronic data sources. Kauffman refused to provide any additional information or equipment. 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 offered to provide DOJ with a copy at a later date. Maddux and Nelson insisted on having direct access to Adams’ hardware in order to conduct an independent forensic review. Kauffman refused requests to allow Nelson to take the computer at that time. Arrangements were made for Nelson to return to Kauffman’s office to pick up Adams’ city laptop the following day. During the meeting, Kauffman offered to provide a letter to the City of Portland (City) to allow for release of Adams’ city equipment and information to DOJ.2 That letter was provided to the city on Monday, February 2nd . That same day, the City provided Nelson with one disk of Adams’ archived emails. On February 3rd, Maddux sent Kauffman a letter reiterating DOJ’s request for consent to review Adam’s personal computers, phone and electronic accounts.3 DOJ requested a written response no later than February 9th. On Friday, February 6th, Weaver discussed issues related to 2 3 Exhibit 2 Exhibit 3 3 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL the disclosure of Adams’ electronic data with Maddux and Attorney General Kroger. On February 9th, Kauffman requested a two day extension on their response. The response 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. Nelson arranged to pick up Adams’ personal computers and his PDA from Garvey Schubert Barer on February 17th – 25 days after Briggs initial request. Forensic examination of Adams’ PDA revealed a missing memory card. On February 18 , Maddux contacted Kauffman to inform him of the missing memory card and to request any and all memory cards used with Adams’s PDA since April 2005. 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 Adam’s PDA during the relevant time period. On April 2nd, in response to a number of outstanding questions related to Adams’ electronic data sources, Kauffman indicated that Adams had consented to production of two PDA memory cards that were previously in his possession and were now in the possession of Garvey Schubert Barer. Nelson arranged to pick up the memory cards on April 6th. th Potential Issue with Recovered Text Messages Breedlove contends that during one of his interviews with Adams’ attorney (Sam Kauffman) and a Garvey Schubert Barer investigator, Breedlove was asked about sexual activity with Adams prior to Breedlove’s 18th birthday. Breedlove claims he took a break because he couldn’t remember discussing the kissing incidents with Adams. Breedlove claims he called Adams, and that Adams told him that kissing was not considered sexual activity in Oregon. Breedlove claims that Adams stated that his lawyers didn’t need to know about the kissing incidents. Breedlove states that he disagreed and planned to tell Adams’ lawyer. At one point in this investigation, Breedlove reported to DOJ investigators that he did report the kissing incident to Adams’ attorney. Later in the investigation, Breedlove indicated to DOJ investigators that he didn’t recall whether he told Adams’ attorney about the kissing or not. Breedlove states that he was provided with a transcript of his interview with Adams’ defense counsel. He agreed to share a copy of his transcript with DOJ investigators, but has not provided that record. Text messages between Breedlove and Adams during Breedlove’s two interviews with Adams’ attorney strongly suggest that Adams and Breedlove discussed critical details off-line: BB to SA: They just left. We talked, I told them everything in complete honesty and detail as I remember it and felt it. There is one detail though that I didn’t divulge and have been wanting to talk about. Sorry I slept in … No worries, you need it. Is it safe to text something to you? I just tried calling you. I am on the other line. 1 second. SA to BB: BB to SA: BB to SA: SA to BB: BB to SA: 4 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL BB to SA: SA to BB: SA to BB: SA to BB: I am with Sam and Kara right now. Ill call shortly. Ok. Cool. Please let Beau know that his communications will come to light. Thanks for calling me: yes, tell them about the two loans I made to you for a total of $750. Tell ‘em the whole truth. Sam According to Breedlove, while Adams did loan him $750, the text message referring to the loan was sent for the purpose of covering up Breedlove and Adams’ discussion about kissing activity prior to Breedlove’s 18th birthday. This last text is the only text message recovered from Adams’ phone where Adams signs off with his name in any form. SYNOPSIS OF INVESTIGATION Question #1: Did Adams and Breedlove have criminal sexual contact when Breedlove was 17? First Encounter at Legislature In March of 2005, Breedlove worked as a volunteer intern for Oregon State Representative Kim Thatcher in her Capitol office. Breedlove was 17 years old but had graduated from high school nine months earlier. According to Sprague High School records, Breedlove graduated one year early in June of 2004. In March of 2005, Adams served as a Portland City Commissioner. Based on available documents and statements by Breedlove and Roland Chaplonski, Breedlove and Adams appear to have first met on March 24, 2005. That day, Adams traveled to Salem with intern policy analyst Roland Chlapowski to meet with legislators to discuss transportation issues. According to Breedlove, Adams and Breedlove first crossed paths when Adams briefly visited Representative Thatcher’s office in Salem. Breedlove stated that he “found Adams to be an interesting person,” but was not attracted to him personally and had no political agenda. Later that day, Breedlove saw Adams on another floor of the legislature. Breedlove claims he contacted the person with Adams, asked for Adams’ business card and provided his name and personal contact information. Roland Chlapowski’s recollection of the events differs from Breedlove’s. Chlapowski reports that, while he and Adams were walking through the building, he saw an individual who appeared to be following them from floor to floor, attempting to make eye contact and “checking them out.” Chlapowski later discovered that this person was Beau Breedlove. Chlapowski stated that, near the conclusion of their visit to the Capitol, a woman handed Adams a sealed envelope, stating that someone had asked her to pass the envelope to Adams. Chlapowski recalled Adams opening the envelope and then putting it away. Chlapowski stated that Adams opened the envelope again in the car and it was clear that the note within contained Breedlove’s name and phone number. Chlapowski was sure that the name and number on the note belonged 5 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL to the person he’d observed following Adams around the building, and added that he “ribbed” Adams about being pursued by a younger guy. Chlapowski stated that he assumed Breedlove was a college student at the time and over the age of 18. David Gonzales, scheduler for Adams from January of 2004 to July of 2006, recalls Adams and Chlapowski returning from Salem and Chlapowski telling Gonzales that a young man had followed Adams and Chlapowski around the Capitol. Gonzales further believes that Chlapowski had the young man’s contact information, possibly in the form of a business card. A written statement found on Adams’ city laptop corroborates this account.4 During the course of this investigation, we have been unable to identify or locate any additional witnesses to Adams and Breedlove’s initial interactions. After Initial Encounter but Prior to Phone Contact Breedlove stated that Obadiah Rutledge contacted him soon after that first encounter to let Breedlove know that Adams had lost Breedlove’s number. Rutledge is a friend of Breedlove’s who was working as an administrative specialist/reading clerk with the Oregon House of Representatives in 2005. Breedlove recalled Rutledge stating that Adams had asked Rutledge for Breedlove’s cell phone number and that Rutledge provided Breedlove’s number to Adams. Rutledge stated that he has never been contacted by Adams or by anyone representing Adams for any reason and did not provide Breedlove’s number to Adams. Rutledge stated that Breedlove told him about meeting Adams. Rutledge recalled that, as time passed, the relationship between Breedlove and Adams became sexual. Rutledge could not confirm how old Breedlove was at the time Breedlove told him about sexual relations with Adams, but Rutledge believed it may have been after Breedlove left his internship. According to Rep. Thatcher’s office, Breedlove completed his volunteer internship at the close of the 2005 session, which occurred on August 6, 2005. Breedlove’s 18th birthday was June 25, 2005. Breedlove does not recall who initiated communication by phone, but reports that he and Adams began communicating by text message and phone. Adams’ phone records show regular calls and texts to Breedlove’s number beginning on March 31, 2005. Breedlove’s phone records – Breedlove’s mom just provided us with a print out of his calls from 4/13/2005 – 5/12/2005 – will have details next week. Breedlove stated that their conversations involved basic issues related to Adams’ career and profession. Breedlove shared his interest in arts with Adams and advised that he wanted to forward his career as a pianist. Breedlove reports that, at that time, their conversations were not romantic in nature. A document from Adams city computer, dated January 24, 2009 and entitled “Q&A.doc” includes the following: “I adventurlly (sic) dated Bueau (sic) Breedlove in summer of 2005 because he gave me a card and then asked me to lunch.” 4 6 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL First Meeting: Lunch at Macaroni Grill David Gonzales, scheduler for Adams from January 2004 to July 2006, remembers Breedlove calling and scheduling a time to meet with Adams.5 Gonzales does not recall any additional details regarding the appointment. Despite Gonzales’ recollection, the Macaroni Grill lunch meeting with Breedlove does not appear on Adams’ city calendar. We do have a note about Macaroni Grill on Adams calendar on 4/26 – does not appear to be a lunch meeting with Breedlove. Breedlove claims that he and Adams eventually made plans to meet over lunch in Portland. Breedlove does not recall the date of that lunch meeting, but reports that he paid to take the train from Salem to Portland. Breedlove did not have a driver’s license at that time. Once in Portland, Breedlove took a taxi from the train station to the Macaroni Grill, where Adams was waiting. Breedlove states that he and Adams did not discuss their relationship or anything of a romantic nature over lunch. Breedlove states that he and Adams discussed Breedlove’s age at lunch and that Adams seemed surprised that Breedlove was 17. Breedlove stated that no one else joined them for lunch and that he did not have any alcohol at lunch because he did not drink at that age. Adams paid for lunch, but Breedlove does not recall if Adams paid with cash or with a card. According to Breedlove, Adams drove Breedlove back to the station in his white truck. Breedlove recalls that during the drive, Adams stopped at a traffic light near Pioneer Square and leaned over and kissed Breedlove on the lips. Breedlove believed this to be a mutual kiss. At the train station, Breedlove and Adams parted company without further discussion. Breedlove reports that he and Adams continued to communicate by text message and by phone. At some point, Breedlove recalls that Adams invited him to attend the next First Thursday event at Portland City Hall. Breedlove does not recall when Adams extended this invitation. First Thursday at City Hall Breedlove, and the majority of individuals interviewed who attended this event, recall Breedlove attending the June 2005 First Thursday event. Based on available records, it is unlikely that Breedlove attended the June event. The June 2005 First Thursday event fell on June 2nd. According to Adams’ calendar, he left Portland for vacation in New York City on May 27th and returned on June 4th. Adams’ phone records reflect no calls or text messages to Breedlove during this time period, but do show a text to Breedlove approximately 25 minutes after Adams’ scheduled landing time in Portland. Adams and Breedlove must have jointly attended either the April 2005 or the May 2005 First Thursday event at City Hall. 5 Corroborated by the same document and sentence referenced above. 7 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL The April 2005 First Thursday event fell on April 7th – exactly two weeks after Adams and Breedlove initially crossed paths in Salem and exactly one week after Adams’ first documented text to Breedlove. Given the proximity in time to their initial meeting and Breedlove’s recollection that he and Adams met for lunch before Breedlove attended the First Thursday event, it is more likely that Breedlove attended the May 5th event at City Hall. Adams’ phone records support this conclusion, showing the following call pattern (are we sure on times?): May 3: May 4: May 5: May 6: May 7: May 9: Text to Breedlove Call and text to Breedlove Text to Breedlove (First Thursday) Text to Breedlove Two texts to Breedlove Text to Breedlove Adams has an event on his calendar for May 5 at 7:00. Any chance we can confirm he attended or maybe skipped it? This is the only thing that detracts from the conclusion that May was the FT date; event was for P:ear – we should call and see if their annual fundraiser that year was on May 5 (May 2 this year) and if anyone recalls Sam attending. There is no way to confirm which night Breedlove attended First Thursday based on city records, as Portland City Hall does not maintain a visitor log. According to Breedlove, the person he was dating at the time drove him to Portland and dropped him off at City Hall the night of the First Thursday event.6 When he arrived and met Adams, he and Adams went into Adams’ office. Adams accepted a gift of cookies which Breedlove had baked for Adams. Breedlove reports that they were alone in Adams office at this time and no romantic exchange occurred. Breedlove did not know anyone at the event, and recalls Adams introducing him to a number of staff members and Adams mother. During the event, Breedlove invited Adams to his 18th birthday party, but had no other significant exchange or interaction with Adams. Breedlove does not recall anyone asking to see his identification or making an issue of his age. Breedlove asserts he does not recall alcohol being served at this event, because at the time he did not drink. A number of Adams’ staff, and some City Hall staff, recall seeing Beau Breedlove at a First Thursday event in 2005. The specific recollections of each staff member vary, but some accounts are consistent. Breedlove did attend a First Thursday City Hall event at the invitation of Sam Adams. A number of staffers recall being told that Sam Adams would have a guest at the event that night and believed that Breedlove attended for professional networking. Some believe they were made aware in advance that Breedlove was 17. Most who were not made aware in advance commented that they were surprised to learn Breedlove’s actual age. Those who met him 6 Breedlove has refused to identify this person. 8 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL believed he was 19 or older, based on his appearance and the fact that he worked at the legislature. Roland Chlapowski claims that both he and Adams first learned that Breedlove was 17 at the First Thursday event. Chlapowski asserts he overheard a discussion between Adams and Breedlove, and specifically recalls hearing Adams say “No – I don’t believe it. Show me your license!” This caught Chlapowski’s attention and he observed Breedlove take his license out of his wallet and present it to Adams. According to Tom Miller, Chief of Staff to Commissioner and Mayor Adams, shortly after the event began, Adams pulled a few staff members together behind closed doors in his office. Adams reported that there was a young man at the event who liked Adams in an “intimate” way, and acknowledged that he believed the young man was 17 years old. Adams asked the staff members to assist him by keeping distance between he and Breedlove during the event. Chlapowski recalls the same closed-door conversation. Miller does not know when Adams learned that Breedlove was 17, but believed from Adams’ comments that he knew Breedlove’s age prior to the First Thursday event. Gordon Johnston, a volunteer citizen advocate for Commissioner Adams, recalls Adams asking him to keep Breedlove occupied until Adams and Breedlove left the event. Johnston spoke with Breedlove and believed that he was “reluctant and evasive” during the conversation. Nearly all staff members commented that Breedlove appeared to have a “crush” on Adams. Some described Breedlove as being clearly “infatuated” or “smitten.” Staffers also report that Adams appeared flattered by Breedlove’s interest. No one recalled seeing Breedlove with alcohol at the event, and staffers report that beverage servers regularly checked for identification. Bathroom Incident According to Breedlove, he and Adams stayed a few hours after the event closed. Most of the public had left the building and there may have been a few staffers cleaning up. Breedlove asserts that he and Adams entered the second floor men’s bathroom together. After using the restroom, he claims that they embraced each other in a long mutual kiss. He describes the kiss as “passionate” and “making out” and asserts that “nothing inappropriate occurred.” He could not describe who initiated the contact, except to say that “it just happened.” He would not elaborate further. None of the staffers present that night report seeing Adams or Breedlove enter the men’s bathroom together. Many commented that they found Breedlove’s allegation that he and Adams kissed in the bathroom unusual, because there would be little expectation of privacy in that bathroom because of its central and accessible location. Breedlove claims that, as he and Adams left the restroom, a uniformed security guard entered. He states that the security guard said he saw Adams enter the restroom and was 9 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL concerned because Adams remained in the restroom for an extended period of time. Breedlove did not know the name of the security guard, but described him as an older man (did he say white guy – not in report). In 2005, City Hall security guards were employees of DePaul Industries Securities Services. DePaul employees who worked at City Hall during the June 2005 First Thursday event and at other times in 2005 were contacted (how about April or May event coverage). The security guard whom Breedlove described was not identified. One DePaul employee, Glenn Clark, claims to have information about this encounter. Clark served as a security guard in City Hall from 2004 through April 15, 2005. In a written statement that Clark provided to the Oregonian, Clark states that he and Security Officer Jacoby Demissie worked the same shift during a First Thursday event sometime between January 2005 and April 2005. He reports that about 7:30 or 8:00 p.m., Demissie came down from the 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 something to the effect of “I just saw Sam Adams having sex with this younger guy in the bathroom.” Clark is not certain of exactly what Demissie said, but he believed it was clear that Demissie had communicated that Adams and the younger man were doing more than kissing or making out. Clark claims he then asked if the younger guy was underage and Demissie responded “no.” Clark did not visit the second floor himself and reports that no one overheard his conversation with Demissie. He further states that he did not repeat Demissie’s remark to anyone. 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 with a young man in the restroom or telling Clark those details. Demissie further states that, had he witnessed this, it would be an incident he would not forget. Other security guards who served in City Hall in 2005 were contacted. None recall seeing anything matching Breedlove’s account or hearing anything about this from other guards. Later that Night Breedlove claims that he and Adams left City Hall and walked over to the Lotus Restaurant together. Breedlove recalls that they had dinner and Adams paid the bill. He asserts that he did not have any alcohol while at the Lotus. According to Breedlove, conversation over dinner was not romantic or sexual in nature. After dinner they walked back to City Hall. Breedlove’s friend arrived and drove him back to Salem. Breedlove does not report any additional kissing or romantic connection with Adams during or after their dinner at the Lotus. Breedlove does not recall telling his friend about the incident in the restroom. Breedlove reports that the next time he saw Adams was June 25, 2005. That day, Adams traveled to Breedlove’s parents’ home in Salem for Breedlove’s 18th birthday party. According to all available records and accounts, Breedlove and Adams did not see each other between the First Thursday event and Breedlove’s birthday party. 10 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL Adams Miller reports that, during a post-press conference staff meeting in January, Miller asked Adams if he kissed Breedlove before Breedlove was 18 years old. Adams answered that he could not remember. Documents pulled from Adams’s computers and email accounts reference the fact that Adams lied about his sexual relationship with Breedlove. There are no references to a kiss or kisses with Breedlove prior to Breedlove’s 18th birthday. Legal Issues Statute of Limitations Issue: Assuming Breedlove’s account of the two kisses is true and could be proved beyond a reasonable doubt as sexual contact, the potential criminal charge would be Sex Abuse III (ORS 163.415), a Class A Misdemeanor. The statute of limitations on this count expires on June 25, 2009 – four years after Breedlove’s 18th birthday (ORS 131.125 (3)). Two incidents, if proven, could potentially serve as the legal basis for a sex abuse III charge against Adams: 1) The alleged kiss in Adams’ truck the day of the Macaroni Grill lunch. 2) The alleged kiss in the restroom on First Thursday. Witness Issues Breedlove and Adams are the only direct witnesses to the alleged kisses. No witnesses to the truck kiss have been identified. No witnesses to Breedlove and Adams either entering or exiting the restroom on First Thursday have been identified. In summary, any proof that these alleged kisses actually occurred rests squarely on Breedlove and his personal credibility. Breedlove’s credibility is questionable for a number of reasons. 1) Over time, Breedlove’s account of his relationship with Sam continues to change. 2) It appears that Breedlove quietly orchestrated a behind-the-scenes resurgence of this story after he moved back to Portland from Michigan in late 2007/early 2008, potentially fueling the story through January 2009. Despite this, in statements to Adams, Breedlove never hints that he had any involvement with media outlets. • November 2007: Breedlove is back in Portland and arranges to meet with Ruiz at the Pioneer Square Starbucks in person (follow up to story the Mercury questions about his Amtrak records). Breedlove no-shows. 1/2/2008: Ruiz, still with the Mercury, receives an anonymous email insinuating that Breedlove and Adams did have a relationship. Source agrees to meet Amy in person to verify identity, but wants identity kept confidential. • 11 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL • 1/2/2008: That night, Breedlove meets Ruiz at Higgins. He admits he is her source but will not go on record. He expresses a desire for Amy to independently confirm his story about his relationship with Adams so that it can be reported without his participation. Provides sources for Amy to consult. Jan. and Feb. 2008: Ruiz attempts to confirm Breedlove’s story with other sources including Breedlove’s former teacher, his 2005 best friend, a Salem colleague and others. None back up Breedlove’s story, including those whose names and contact information Breedlove provided. Late Feb. 2008: Based on an inability to corroborate Breedlove’s story, and Breedlove’s refusal to go on record, the Mercury decides not to publish a story. April 2, 2008: Breedlove posts a statement on his MySpace page which is anonymously emailed to Willamette Week. That email brings the story back to life. Willamette Week reporters start interviewing people who knew Breedlove. January 9, 2009. Breedlove calls Ruiz to make sure she has not spoken with Adams about what he told her or about him being her anonymous source. 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. (Merkle is Breedlove’s ex-boyfriend. Breedlove lived with Merkle in Michigan in 2006 – 2007. Merkle has not returned our calls for an interview. Ron Nelson will be visiting him at his place of employment.) January 15, 2009. Willamette Week reporter and editor meet with Adams and confront him with their information. January 20, 2009. Breedlove issues a press release/public statement through a firm he has hired. January 20, 2009. Breedlove sends the following text message to Adams: “I support you Sam. I am sorry this happened.” January 24, 2009. The Oregonian runs a front-page “tell-all” interview with Breedlove. Breedlove insists on being pictured with his dog, Lolita. This is the first of many print, radio and T.V. interviews for Breedlove. January 24, 2009. Breedlove sends the following text message to Adams: “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. I spoke with Charlie and felt that telling the whole truth is what is going to happen. In know you encourage that. Particularly in an investigation I get interviewed in.” • • • • • • • • • • 3) Breedlove has benefited from the story – both in terms of fame and finance (Unzipped story and pictures – he has not disclosed how much he was paid). 12 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL 4) Breedlove’s Theft I conviction out of Hawaii (he stole clothes). It may prove helpful to this investigation to contact the individual who drove Breedlove to and from First Thursday, but Breedlove will not reveal that individual’s name. Glenn Clark claims to have second-hand information about Adams having sexual contact with a young man in the restroom, but his account conflicts significantly with other evidence. Glenn Clark claims he had forgotten about his conversation with Demissie until he ran into another former City Hall security guard at a bar on Super Bowl Sunday 2009. Clark states that another former security guard mentioned that Willamette Week was trying to find former security guards who worked at City Hall and that the discussion “triggered” his memory of his conversation with Demissie four years prior. It is unlikely that Clark’s statement would be useful or admissible as evidence. Question #2: Did Adams hire Amy Ruiz as a Planning and Sustainability Advisor/Liaison to keep her from pursuing/printing the Breedlove story? According to Ruiz, while she was employed with the Mercury, Breedlove was her “anonymous” source on the Adams/Breedlove story. She was unable to corroborate the information he provided her with witnesses who were willing to go “on record.” Adams was aware that Ruiz was pursuing this story, and that Ruiz had an anonymous source. On February 29, 2008, Ruiz met with Adams to discuss an 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. His response was (in effect), “whoever wrote this believes it.” Ruiz stated that Adams never admitted to the conduct (does this also mean that he didn’t deny it?). Shortly after, Ruiz dropped the story - 10 months prior to being hired at the City of Portland. Ruiz confirmed to this investigation that Breedlove was the author of the email. According to Ruiz, Breedlove gave her permission, in the context of this investigation, to disclose that he had served as her anonymous source. Ruiz did not disclose to Adams that Breedlove was her source. Ruiz claims 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 Staff Tom Miller. Eventually, Lisa Libby called and asked her to come in for an interview. On December 22nd, Ruiz received a call requesting she return for a final interview and she was eventually offered the job. She asserts that she never had 13 Criminal Investigatory Material/Internal Communication - CONFIDENTIAL any contact with Adams during the hiring process and issues regarding the story she had explored earlier in 2008 were never raised. Lisa 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 this process, there was a change in the position title as two internal offices were merged, which caused her to re-examine the applications. 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 Tom Miller to sit in on the second interview. Libby said that she and Miller agreed that Ruiz was the top candidate for the position. Prior to offering Ruiz the job, Miller wanted to run the choice past Adams. Miller reported to Libby that Adams was fine with their choice. Ruiz was offered and accepted her current position. Miller – we need his details about hire process & his communications with Adams (Tom Miller and Libby follow up – was the position Ruiz applied for and was hired for the same position that Dacanay claims he was offered?) 1400225-v2/dm1/5.15 14