FINAL GIUSTO Investigative Report #2 011608

DPSST Investigation #2 - GIUSTO
Bernard GIUSTO
Investigation #2
Bernard GIUSTO DPSST# 07617

Investigation #2
Page 1 of 30
1/16/2008

TABLE OF CONTENTS
A.
CASE IN BRIEF..................................................................................................................... 3
1. Allegations of misconduct .................................................................................................. 3
1) Allegation #1................................................................................................................... 3
2) Allegation #2................................................................................................................... 3
2. Investigative Team identified ............................................................................................. 3
B. OVERVIEW ........................................................................................................................... 4
1. DPSST Jurisdiction and Scope of Investigation ................................................................. 4
2. Background on Sheriff Bernard GIUSTO .......................................................................... 4
3. Findings Categories ............................................................................................................ 4
4. Preliminary Staff Discussion and Findings......................................................................... 5
C. REGULATORY STATUTES, ADMINISTRATIVE RULES AND LEGAL CRITERIA ... 5
1. Statutes and Administrative Rules ...................................................................................... 5
1) Statutes and Rules establishing minimum standards ...................................................... 5
2) Statutory and regulatory authority to revoke for violation of moral fitness standards ... 5
3) Definition of Moral Fitness............................................................................................. 5
2. Standard of Proof ................................................................................................................ 6
3. Criminal Justice Code of Ethics.......................................................................................... 6
4. Brady Issues ........................................................................................................................ 6
D. MENTIONED PERSONS ...................................................................................................... 7
E. EXHIBIT LIST ....................................................................................................................... 9
F. Allegations Itemized ............................................................................................................. 12
1. Allegation 1: GIUSTO used a county vehicle for personal use on one or more occasions.
12
2. Allegation 2: GIUSTOs statements to the public in 2004, as reported in 2007, that no
one in state police command had ever questioned him about the affair [with Margie
GOLDSCHMIDT], and that his transfer out of Goldschmidts [security] detail was unrelated
[to his affair with Margie GOLDSCHMIDT] are in direct conflict with statements obtained
during the course of the investigation....................................................................................... 13
G. PRELIMINARY INVESTIGATIVE ACTIONS TAKEN................................................... 16
H. Preliminary Interview Sequence, Questions, Summaries and Validation ............................ 20
1. Interview Sequence........................................................................................................... 20
2. Interviews.......................................................................................................................... 21
1) Dianna COLLINSON Interview Summary .................................................................. 21
2) Bernard GIUSTO Interview Questions......................................................................... 23
3) Bernard GIUSTO Interview Summary ......................................................................... 23
4) Reginald MADSEN Interview Questions..................................................................... 24
5) Reginald MADSEN Interview Summary ..................................................................... 24
6) LeRon HOWLAND Interview Questions..................................................................... 26
7) LeRon HOWLAND Interview Summary ..................................................................... 26

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A. CASE IN BRIEF
1. Allegations of misconduct
1)
Allegation #1
On October 23, 2007, KING received a call from Dianna COLLINSON who asserted that
in 2005 GIUSTO had used a Multnomah County agency vehicle for personal use, to drive
Lee DOSS to Seattle for the weekend. COLLINSON also identified that in 2006, GIUSTO
may have used a Multnomah County agency vehicle for personal use. to drive Lee DOSSs
daughter, Ashby, to Seattle.1 COLLINSON provided a series of emails to KING with
related documentation.2
On October 24, 2007, The Oregonian published an article, Giustos job tangled with his
private life. In this article, reporters Arthur Gregg SULZBERGER and Les ZAITZ
identified that GIUSTO used his Multnomah County agency vehicle for personal use; to
drive Lee DOSS to Seattle for the weekend.3
2)
Allegation #2
In the October 24, 2007 Oregonian article, reporters also stated, In a 2004 interview,
GIUSTO told The Oregonian no one in state police command had ever questioned him
about the affair [with Margie GOLDSCHMIDT]. He also said his transfer out of
GOLDSCHMIDTs detail was unrelated. 4
Subsequent statements obtained during the investigation are in direct conflict with
GIUSTOs statements to the media.
2. Investigative Team identified
Based on the information above, the investigative team opened an investigation into these
allegations of misconduct. The investigative team was comprised of the following: DPSST
Investigators Theresa KING and Shirley PARSONS, DPSST Legal Services Coordinator
Lorraine ANGLEMIER, Esq., and AAG Darin TWEEDT, Oregon Department of Justice,
whose role was to provide the team with legal advice.
The investigative team addressed the allegations to determine whether they are within
DPSSTs jurisdiction; if so, if there is evidence to substantiate them; and if substantiated,
what the appropriate course of action should be.
Ex B.1
Ex B.2 B.4
3
Ex B.9
4
Ex B.9
2

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B. OVERVIEW
The following information provides an overview of the scope of the investigation and the
related statutes and rules.
1. DPSST Jurisdiction and Scope of Investigation
This investigation is focused on the issues over which DPSST has jurisdiction; i.e.,
whether any actions by GIUSTO violated the established standards for Oregon public
safety officers.
2. Background on Sheriff Bernard GIUSTO
GIUSTO began his public safety career on October 1, 1974, as a police officer with the
Oregon State Police. On January 1, 1985, GIUSTO was promoted to Sergeant and on
March 1, 1988, was reclassified to Lieutenant. On July 31, 1996, GIUSTO resigned from
the Oregon State Police (OSP).
On August 1, 1996, GIUSTO was hired as the Chief of Police for the Gresham Police
Department and served in this position until December 2, 2002.
GIUSTO was first elected in 2002 as the Sheriff of Multnomah County. On January 1,
2003, he began serving in this position. In May of 2006, GIUSTO was re-elected to the
office of Sheriff.
During GIUSTOs public safety career he has attained Basic, Intermediate, Advanced,
Supervisory, Management and Executive Police certificates. GIUSTO has approximately
1,900 hours of state-reported public safety training. 5
3. Findings Categories
For the purposes of this investigation, the following categories have been used:
Referred:
The conduct is within DPSSTs jurisdiction, and
The conduct may have violated the established standards for Oregon public
safety officers, thereby requiring the matter to be forwarded to the Police
Policy Committee for review.
Referred To Another Agency:
The conduct is not within DPSST jurisdiction; or
Ex B.5

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The conduct may be within DPSSTs jurisdiction but may be criminal;
therefore DPSST refers case to appropriate jurisdiction for review; or
The conduct may be within DPSSTs jurisdiction but may also be within
another agencys jurisdiction; therefore DPSST refers the case to the appropriate
jurisdiction for review.
4. Preliminary Staff Discussion and Findings
Staff concluded there was sufficient cause to refer Allegation 1 to Government Standards
and Practices and to the Oregon Department of Justice Criminal Justice Division for their
individual reviews.
Staff concluded there was sufficient cause to refer Allegation 2 to the Police Policy
Committee for review to determine if Bernard GIUSTO has fallen below the established
standards for Oregon public safety officers.
C. REGULATORY STATUTES, ADMINISTRATIVE RULES AND LEGAL CRITERIA
1. Statutes and Administrative Rules
1)
Statutes and Rules establishing minimum standards
ORS 181.640(1)(a) states that the Department and the Board shall establish minimum
standards for moral fitness for public safety personnel. OAR 259-008-0010(6) establishes
the minimum standards for moral fitness.
Statutory and regulatory authority to revoke for violation of moral fitness
standards
Pursuant to ORS 181.640, ORS 181.661, ORS 181.662(1)(c) and OAR 259-008-0070(1)
and (3(C)6 the Department may revoke the certifications of a public safety officer who
does not meet the minimum standards for moral fitness established pursuant to ORS
181.630, ORS 181.640(1)(a).
2)
3)
Definition of Moral Fitness
According to OAR 259-008-0010(6)(a), the phrase lack of good moral fitness means
conduct not restricted to those acts that reflect moral turpitude but rather extending to
acts and conduct which would cause a reasonable person to have substantial doubts about
the individuals honesty, fairness, respect for rights of others, or for the laws of the state
and/or nation.7
6
7
Ex B.8
Ex. B.7

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Indicators of lack of moral fitness
Under OAR 259-008-0010(6)(b), the following are indicators of lack of good
moral fitness:
Illegal conduct involving moral turpitude;
Conduct involving dishonesty, fraud, deceit, or misrepresentation;
Intentional deception or fraud or attempted deception or fraud in any
application, examination, or other document for securing certification or
eligibility for certification;
Conduct that is prejudicial to the administration of justice;
Conduct that adversely reflects on his or her fitness to perform as a law
enforcement officer. Examples include but are not limited to: Intoxication
while on duty, untruthfulness, unauthorized absences from duty not involving
extenuating circumstances, or a history of personal habits off the job which
would affect the officers performance on the job which makes the officer
both inefficient and otherwise unfit to render effective service because of the
agencys and/or publics loss of confidence in the officers ability to perform
competently.
2. Standard of Proof
The standard of proof on this matter is a preponderance of evidence; evidence that is of

greater weight and more convincing than the evidence offered in opposition to it; more
probable than not.8
3. Criminal Justice Code of Ethics
Regarding the Criminal Justice Code of Ethics, to be eligible for certification OAR 259008-0070, a police officer must subscribe to and swear or affirm to abide by the Code of
Ethics (Form F-11). This Code states in part, Honest in thought and deed in both my
personal and official life, I will be exemplary in obeying the laws of the land and the
regulations of my department.9
4. Brady Issues
At the request of KING, ANGLEMIER and LORANCE provided the document,

Truthfulness and Public Safety Professionals Court Decisions.10
Oregon Attorney Generals Administrative Law Manual and Uniform Model Rules of Procedure under the
Administrative Procedures Act, Standard of Proof, p. 142 (2006)
9
Ex. B.6
10
Ex. B.28
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D. MENTIONED PERSONS
Name
Phone
Address
ANGLEMIER, Lorraine
503 378 2214
DPSST
Legal Services Coordinator
lorraine.anglemier@state.or.us
4190 Aumsville Hwy SE

Salem, Oregon 97317
BERSIN, Ron
503 378 5105
Director
Government Standards and

Practices Commission
885 Summer Avenue NE
Salem, Oregon 97301
BUDNICK, NICK
503 546 5145
Portland Tribune
Reporter
nickbudnick@portlandtribune.c
om
6605 S.E. Lake Road

Portland, Oregon 97222
BUNSEN, Michael
COLLINSON, Ashby
COLLINSON, Dianna
503 939 9533

diannacollinson@aol.com
COLLINSON, Scott
DOSS, Lee
503 221 1116
1210 SW Myrtle Drive

(503 988 - 4300
MCSO
GABLIKS, Eriks
503 378 2332
501 SE Hawthorne Blvd,

Suite 350
DPSST
DPSST Deputy Director
eriks.gabliks@state.or.us
GIUSTO, Bernard
MCSO Sheriff
Salem, Oregon 97317

GOLDSCHMIDT, Margie
503 281 3096
3233 NE 32nd Pl
GOLDSCHMIDT, Neil
503 206 6199
1150 King SW Avenue

HOWLAND, LeRon
503 581 4209
Retired Oregon State

Police Superintendent

Investigation #2
Page 7 of 30
240 Kanuku Street SE

Salem, Oregon 97306
1/16/2008

KING, Theresa
503 378 2305
DPSST
DPSST Investigator
theresa.king@state.or.us

Salem, Oregon 97317
LORANCE, Marilyn
503 378 2427
DPSST
DPSST Supervisor of
Standards and Certification

marilyn.lorance@state.or.us
Salem, Oregon 97317
MADSEN, Reginald
541 963 2846
62455 Fruitdale Lane
Retired Oregon State

Police Superintendent
La Grande, Oregon 97850
McCAIN, BRUCE
503 572 7768 Nextel
MCSO
MCSO Lieutenant,
Executive Staff
503 988 4325
501 SE Hawthorne Blvd,

Suite 350
MINNIS, John
503 378 2042
DPSST
DPSST Director
john.minnis@state.or.us

Salem, Oregon 97317
NORMAN, Alex
503 939 5652
PARSONS, Shirley
503 378 2305
DPSST
DPSST Investigator
shirley.parsons@state.or.us

Salem, Oregon 97317
SULZBERGER, Arthur
Gregg
Reporter
TWEEDT, Darin
503-221-8330
arthursulzberger@news.oregoni
an.com
503 378 6347
Assistant Attorney General
darin.tweedt@state.or.us
Oregonian
1320 SW Broadway
Portland, OR 97201
Oregon Department of
Justice
610 Hawthorne Avenue SE
Salem, Oregon 97310
ZAITZ, Les
1-503-585-0985
Oregonian
Reporter
(PDX) 503-221-8181
1320 SW Broadway
503 329 0637
Portland, OR 97201
541 421 3031

leszaitz@news.oregonian.com

Investigation #2
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E. EXHIBIT LIST
Exhibit Date
Description
B.1
10 23 07
13-pg transcript of telephone conversation with COLLINSON
B.2
10 23 07
2-pg email from COLLINSON to KING
B.3
10 23 07
Email from COLLINSON to KING
B.4
10 23 07
2-pg email to/from KING/COLLINSON
B.5
12 11 07
5-pg DPSST Employee Profile - GIUSTO
B.6
F-11 Criminal Justice Code of Ethics
B.7
2-pg OAR 259-008-0010
B.8
9-pg OAR 259-008-0070
B.9
10 24 07
The Oregonian news article, Giustos job tangled with his private
life
B.10
10 24 07
Email to/from KING/KARL contact information on

MADSEN/HOWLAND
B.11.a
10 24 07
Certified Letter from KING to MADSEN
B.11.b
10 29 07
Certified Mail Return Receipt - MADSEN
B.12.a
10 24 07
Certified Letter from KING to HOWLAND
B.12.b
10 29 07
Certified Mail Return Receipt - HOWLAND
B.13
11 01 07
13-pg interview of Reginald MADSEN
B.14
11 01 07
14-pg interview of LeRon HOWLAND
B.15
11 07 07
2-pg Email from KING to Investigative Team
B.16
11 07 07
Email to/from BUDNICK/MINNIS McCAIN as DPSST instructor
B.17
11 07 07
Letter from McCAIN to MINNIS McCAIN as DPSST instructor
B.18
11 09 07
2-pg LORANCE memo to file 10 26 07 meeting with McCain and

KING
B.19
11 08 07
Letter from KING to TWEEDT criminal referral
B.20
11 08 07
Letter from KING to BERSIN ethics referral
B.21
11 08 07
Letter from TWEEDT to McCAIN conflict concerns
B.22
11 12 07
2-pg Letter from McCAIN to TWEEDT response to conflict

Investigation #2
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concerns
B.23
12 03 07
Letter from KING to TWEEDT GIUSTO Deposition
B.24
12 03 07
Letter from KING to BERSIN GIUSTO Deposition
B.25
10 06 06
Excerpts of GIUSTO deposition in JEDDELOH divorce proceedings
B.26
11 30 07
18-pg transcript of conversation with McCAIN
B.27
12 03 07
Email from LORANCE to KING Recollections of 10 26 07

meeting with McCAIN/KING/LORANCE, with attachment
B.28
2-pg article Truthfulness and Public Safety Professionals Court

Decisions
B.29.a
12 04 07
Certified letter from KING to GIUSTO
B.29.b
12 05 07
Certified Mail Return Receipt - GIUSTO
B.30
12 04 07
Fax Cover from KING to GIUSTO
B.31
12 04 07
Fax verification of sent document
B.32
12 04 07
Fax Cover from KING to McCAIN
B.33.a
12 14 07
Letter from KING to GIUSTO, certified mail
B.33.b
Stipulated Order Revoking Certification
B.33.c
12 18 07
Certified Mail Return Receipt
B.34.a
12 14 07
Fax Cover to Giusto
B.34.b
12 14 07
Fax Report, not responding
B.34.c
12 14 07
B.34.d
12 14 07
Fax Report, busy no signal
B.34.e
12 14 07
B.34.f
12 14 07
Fax Cover to McCAIN
B.34.g
12 14 07
B.34.h
12 14 07
B.34.i
12 14 07
Email to/from KING/MOYER
B.35
12 15 07
Oregonian article
B.36
12 18 07
Email to/from KING/McCAIN
B.37
12 19 07
KING memo to file, redacted information from investigation
B.38
01 14 08
Email to/from McCAIN/KING

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B.39
01 14 08
2-pg Affidavit of GIUSTO Investigation #2
B.40
01 14 08
11-pg Bernard GIUSTOs written response Investigation #2
B.41
01 15 08
Oregonian article credibility of reporter

Investigation #2
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F. Allegations Itemized
1. Allegation 1: GIUSTO used a county vehicle for personal use on one or more
occasions.
Investigative Team Discussion: The investigative team considered this allegation, to the
extent of determining if the allegation had substance and if so, if it was within DPSSTs
jurisdiction. 11
Investigative Team Findings: The investigative team determined that this allegation should
properly be referred to Government Standards and Practices Commission for follow-up on
possible ethics violation,12 and to the Oregon Department of Justice Criminal Division for
follow-up on possible criminal conduct. 13
11
Ex B.1, B.9, B.15

Ex. B.20, letter to Government Standards and Practices Commission, follow up letter B.24, deposition B.25
13
Ex. B19, letter to Oregon Department of Justice Criminal Division, follow up letter B.23, deposition B.25
12

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2. Allegation 2: GIUSTOs statements to the public in 2004, as reported in 2007, that no

one in state police command had ever questioned him about the affair [with
Margie GOLDSCHMIDT], and that his transfer out of Goldschmidts
[security] detail was unrelated [to his affair with Margie GOLDSCHMIDT]
are in direct conflict with statements obtained during the course of the
investigation.
Investigative Team Discussion
At issue is whether GIUSTOs was truthful with the public when he stated that no one in the state
police command had ever questioned him about his affair with Margie GOLDSCHMIDT, and
that his transfer out of the GOLDSCHMIDT security detail was unrelated to his affair with
Margie GOLDSCHMIDT.
The investigative team considers the public to include the citizens of Oregon and the media.
Investigative Team Research
Relevant Public Statement
On October 24, 2007, The Oregonian reported that GIUSTO told the Oregonian during an
interview in 2004 that no one in state police command had ever questioned him about his
affair [with Margie GOLDSCHMIDT] and that his transfer from the GOLDSCHMIDTs
[security] detail was unrelated [to his affair with Margie GOLDSCHMIDT].14
Relevant Investigator Interviews
On November 12, 2007, investigators spoke with former Oregon State Police
Superintendent Reginald MADSEN,15 who stated he recalled rumors starting to flood
back into the State Police headquarters and that the substance of the rumors was that
GIUSTO and Margie GOLDSCHMIDT were having an affair. MADSEN stated he
called him [GIUSTO] in, sat him down and asked him if he was having an affair with the
governors wife.16 MADSEN said GIUSTO denied the affair.
Regarding the transfer of GIUSTO out of the governors security detail, MADSEN stated
. . .I believe I told him [GIUSTO] then or maybe later that rumors were bad enough and it
concerned the governors office, and he was getting transferred out of there.17 MADSEN
stated that he then transferred GIUSTO out of the assignment.
14
Ex. B.9
Ex. B.13
16
Ex b.13, p 4
17
E B.13, p 4
15

Investigation #2
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On November 1, 2007, investigators spoke with former Oregon State Police
Superintendent LeRon HOWLAND.18 He could not recall whether he was the deputy
superintendent or the superintendent at the time, but he did ask GIUSTO if there was
anything to the rumors and GIUSTO just advised me that they were good friends, but
there was absolutely nothing . . .there was no intimate relationship.19
HOWLAND stated that when he asked GIUSTO about his relationship with Margie
GOLDSCHMIDT, it was not as a part of a formal interview, but a casual matter. The
matter had already been handled by MADSEN, and GIUSTO had been transferred out of
the unit.
On November 30, 2007, PARSONS and KING contacted Bruce McCAIN, attorney for
GIUSTO, and asked to speak with Bernard GIUSTO20 about the October 24, 2007
Oregonian article.21 Subsequent to the conversation with McCAIN, Marilyn LORANCE,
Standards and Certification Supervisor, provided additional documentation refuting a
number of McCAINs assertions during the telephone conversation. LORANCE had
prepared file notes after a meeting with McCAIN on October 26, 2007.22
On December 4, 2007, KING mailed GIUSTO a follow-up letter, and faxed it to GIUSTO
and McCAIN, asking to meet with GIUSTO.23 Although provided an opportunity to meet
with investigators, 24 GIUSTO has not contacted investigators.
On December 14, 2007, KING mailed GIUSTO a letter advising him of the additional
allegations, and allowing him 30 days to provide a response to the Policy Committee.25
This letter was also faxed to GIUSTO and McCAIN.26 There were several unsuccessful
attempts to fax this document to McCAIN and GIUSTO and it was ultimately emailed to
Catherine MOYER, GIUSTOs assistant.27
On December 15, 2007, The Oregonian reported, Though Giusto met with police
standards investigators on the earlier allegations, he wont agree to undergo questioning
about the new allegation, McCain said. The sheriff is not going to discuss Margie
Goldschmidt. 28
18
Ex. B.14
Ex B.14, p 6
20
Ex. B.29, B.30
21
Ex. B.26
22
Ex B.27, B.28
23
Ex. B29a B32
24
Ex. B.29
25
Ex B.33a B.33c
26
Ex B.34a B.34i
27
Ex B.34.i
28
Ex B.35
19

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Investigative Team Analysis:
Retired Oregon State Police Superintendents Reginald MADSEN and LeRon HOWLAND both
identified specific occasions on which they asked GIUSTO if he was having an affair with
Margie GOLDSCHMDIT. MADSEN also asserted that although GIUSTO denied having an
affair with Margie GOLDSCHMIDT, . . .I believe I told him then or maybe later that the
rumors were bad enough and it concerned the governors office, and he was getting transferred
out of there.29
The relevant issue is not whether GIUSTO was having an affair, a relationship, or was just good
friends with Margie GOLDSCHMIDT while he was working the security detail for Neil
GOLDSCHMIDT. At issue is whether OSP command staff asked GIUSTO about the affair.
Also at issue is whether GIUSTO was transferred out as a result of the rumors about an affair and
whether GIUSTO was aware of this reason for the transfer.
Investigative Team Findings:
GIUSTOs statements to the public in 2004, as reported in 2007, that he had not been questioned
by anyone in state police command about his affair with Margie GOLDSCHMIDT, and that his
transfer out of the GOLDSCHMIDT security detail was unrelated to his affair with Margie
GOLDSCHMIDT, are in direct conflict with statements obtained during the investigation. This
is conduct within DPSSTs jurisdiction. Therefore this allegation will be referred to the Police
Policy Committee to determine if GIUSTOs conduct violated the established standards for
Oregon public safety officers.
29
Ex B.13, p 4, Ex D, Allegation 2

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G. PRELIMINARY INVESTIGATIVE ACTIONS TAKEN
The following entries denote the chronological investigation
October 23, 2007
KING interview with COLLINSON30
Emails to/from KING/COLLINSON31
KING obtains relevant OARs and related documents to investigation32
October 24, 2007
Investigative Team review of The Oregonian article33
KING requests/receives contact information from DOJ Watch Center MADSEN
and HOWLAND34
KING sends certified letter to MADSEN35
KING sends certified letter to HOWLAND36
October 26, 2007
KING/LORANCE/McCAIN meeting Investigation #1 issues, process for new
allegations37
October 29, 2007
Certified Mail Return Receipt MADSEN38
Certified Mail Return Receipt HOWLAND39
November 1, 2007
PARSONS/KING Interview of Reginald MADSEN40
PARSONS/KING Interview LeRon HOWLAND41
November 2, 2007
PARSONS Case review
November 5, 2007
PARSONS Case review
30
Ex. B.1
Ex. B.2 B.4
32
Ex. B.5 B.8
33
Ex. B.9
34
Ex. B.10
35
Ex. B.11.a
36
Ex. B.12.a
37
Ex. B.18
38
Ex. B.11.b
39
Ex. B.12.b
40
Ex. B.13
41
Ex. B.14
31

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November 6, 2007
PARSONS Case review
November 7, 2007
ANGLEMIER legal research
KING email to Investigative Team Update42
Email to/from BUDNICK/MINNIS McCAIN instructor43
Letter from McCAIN to MINNIS - instructor44
PARSONS Case review
November 8, 2007
ANGLEMIER correspondence on legal research
KING letter to TWEEDT Criminal referral45
KING letter to BERSIN Ethics referral46
TWEEDT letter to McCAIN concerns47
November 9, 2007
LORANCE memo to file, McCAINs status as DPSST instructor48
November 12, 2007
McCAIN response to TWEEDT49
November 16, 2007
PARSONS Case review
ANGLEMIER Case review
November 30, 2007
PARSONS/KING conversation with McCAIN50
November 20, 2007
November 21, 2007
November 26, 2007
KING Case preparation
42
Ex. B.15
Ex. B.16
44
Ex. B.1
45
Ex. B.19
46
Ex. B.20
47
Ex. B.21
48
Ex. B.21
49
Ex. B.22
50
Ex. B.26
43

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November 27, 2007

Case preparation
November 28, 2007
PARSONS Case review
December 3, 2007
PARSONS Case review
Email from LORANCE to KING, documenting prior conversation with McCAIN51
KING receipt of excerpts of GIUSTO deposition from PARSONS52
KING letter to TWEEDT follow up on criminal referral with attachment53
KING letter to BERSIN follow up on criminal referral with attachment54
December 4, 2007
Certified letter from KING to GIUSTO request for interview55
KING fax letter to GIUSTO and McCAIN56
December 5, 2007
Certified Mail Return Receipt - GIUSTO57
December 14, 2007
Certified letter from King to GIUSTO notification of additional allegation
Fax attempts to GIUSTO, McCAIN58
Email letter to GIUSTO through MOYER, receipt confirmed
December 11, 2007
KING Case review
December 15, 2007
Oregonian article GIUSTO will not talk to investigators59
December 18, 2007
Email to/from KING/McCAIN60
Memo to file redacted information relating to potential criminal case.
51
Ex. B.27
Ex. B.25
53
Ex. B.23
54
Ex. B.24
55
Ex. B.29.a
56
Ex. B.30 B.32
57
Ex. B.29.b
58
Ex B.34a. B.34.h
59
Ex B.35
60
Ex B.36
52

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December 20, 2007

KING Case review
December 26, 2007
KING/PARSONS Case preparation
December 27, 2007
ANGLEMIER, LORANCE, PARSONS and KING Case Preparation
December 28, 2007
ANGLEMIER, LORANCE, PARSONS and KING Case Preparation
January 10, 2008
KING/LORANCE Case preparation
January 11, 2008
January 14, 2008
KING receipt of McCAIN/GIUSTO email response with attachments (Affidavit
and 11-pg response)
January 15, 2008
KING/LORANCE/ANGLEMIER/TWEEDT Case Review
KING Receipt of Oregonian article reporter credibility

Investigation #2
Page 19 of 30
1/16/2008

H. Preliminary Interview Sequence, Questions, Summaries and Validation
The interview questions were provided as a guideline to identify general areas of investigatory
discussion. The method of interview, the sequence of questions, and the ultimate questions
remain the prerogative of the lead interviewer, PARSONS.
1. Interview Sequence
Interviewee
Dianna COLLINSON
Reginald MADSEN
LeRon HOWLAND
Bernard GIUSTO

Investigation #2
Page 20 of 30
Date
10 23 07
11 01 07
11 01 07
1/16/2008
2. Interviews
1)
Dianna COLLINSON Interview Summary

On October 23, 2007, Dianna COLLINSON contacted KING via telephone at
DPSST for the purpose of providing information about potential misconduct by
Bernard GIUSTO. Just prior to this telephone contact, Jim JEDDELOH contacted
DPSST to advise Dianna COLLINSON may have information and may be
contacting DPSST.
Dianna COLLINSON is currently married to the former husband of Lee DOSS,
Steven COLLINSON. Steven COLLINSON and Lee DOSS had children together.
According to Dianna COLLINSON, shortly after the intervention of Jim
JEDDELOH, Ashby COLLINSON, Steven COLLINSON and LEE DOSSs
daughter, told Dianna and Steven COLLINSON that GIUSTO had taken Lee DOSS
to Seattle, to the Four Seasons Hotel.61
Dianna COLLINSON stated during that trip, Lee DOSS and GIUSTO stopped at
Alexs and Ashbys [COLLINSON] apartment so Lee could introduce the kids to
Bernie. Dianna COLLINSON said that DOSS and GIUSTO did not stay at the
apartment, and identified Alex as Ashbys boyfriend.62
Dianna COLLINSON was not sure how long DOSS and GIUSTO stayed in Seattle,
characterizing it as the weekend. When asked who took care of Lee DOSSs
children, Dianna COLLINSON stated, Scott did. Dianna COLLINSON confirmed
that Scott is the son of Lee DOSS and Steven COLLINSON, and Ashby
COLLINSON told Dianna COLLINSON that Scott had cared for Lee DOSSs
children that weekend.63
Dianna COLLINSON said that Ashby has a couple of blogs and in one of them she
talked about Bernie took the police vehicle SUV to Seattle to actually move
Ashby there.64 Dianna COLLINSON could not provide a license plate number, but
did state she could access Ashbys blogs Dianna COLLINSON offered to send
KING the blogs.. When asked to confirm that Lee DOSS was with GIUSTO when
he took the SUV police vehicle to Seattle, Dianna COLLINSON stated, Yes. And
actually Ashby refers to both Bernie and Lee as her parents.65 Dianna
COLLINSON was unaware of any business that GIUSTO may have had in Seattle.
When asked to confirm when the trip occurred, Dianna COLLINSON stated, a year
ago September. Dianna COLLINSON confirmed the trip occurred in September
61
Ex B.1, p 2, p. 3 line 13-14

Ex B.1, p 3
63
Ex B.1, p 4
64
Ex B.1, p 5
65
Ex B.1, p 6
62

Investigation #2
Page 21 of 30
1/16/2008

2006. Dianna COLLINSON also explained that Ashby COLLINSON returned for
her last year of school.66
Steven COLLINSON believed that Ashby COLLINSON moved into a different
apartment than the prior year. Dianna COLLINSON explained that Ashbys
boyfriend, Alex NORMAN moved out of state, leaving Ashby COLLINSON in the
apartment and she then moved home for the summer and in with her other boyfriend.
When asked about the purpose of the trip, Dianna COLLINSON confirmed that it
was to move Ashbys belongings back to Seattle. When asked how many
belongings Ashby COLLINSON had, Dianna COLLINSON stated that she brought
Ashby COLLINSON home [at the end of her prior school year] and they took a
small U-Haul and the back of their SUV was full. Dianna COLLINSON said that
Ashby COLLINSON did leave a lot of her belongings at her boyfriends home.
When asked if Ashby COLLINSON moved more than clothing, Dianna
COLLINSON confirmed Ashby COLLINSON did, and Steven COLLINSON
recalled Ashby COLLINSON likely took her guitar and television. Dianna
COLLINSON also thought Ashby COLLINSON took her computer.67
Dianna COLLINSON stated that Ashby COLLINSON had more than one blog and
KING asked if COLLINSON could send that information. COLLINSON identified
Michael BUNSON as the boyfriend who would have witnessed GIUSTO packing
Ashbys personal items into the sheriffs SUV. Dianna COLLINSON provided
the telephone number of NORMAN.68 Dianna COLLINSON also provided her
contact information.
66
Ex B.1, p 7
Ex B.1, p 9
68
Ex B.1, p 11
67

Investigation #2
Page 22 of 30
1/16/2008
2)
Bernard GIUSTO Interview Questions

Background
See Section B.2
1. Did anyone in state police command ever question you about your affair
with Margie Goldschmidt?
2. If so, who?
3. If so, what did they question you about?
4. Why were you transferred out of the Neil Goldschmidt security detail?
5. Did anyone in state police command ever tell you that you were being
transferred out because of your affair with Margie Goldschmidt, or because
of rumors of your affair with her?
6. If so, who?
3)
Bernard GIUSTO Interview Summary

Although provided an opportunity to meet with investigators, GIUSTO has not
contacted investigators.69 On December 15, 2007, the Oregonian reported,
Though Giusto met with police standards investigators on the earlier allegations,
he wont agree to undergo questioning about the new allegation, McCain said. The
sheriff is not going to discuss Margie Goldschmidt. 70
69
70
Ex. B.29
Ex B.35

Investigation #2
Page 23 of 30
1/16/2008
4)
Reginald MADSEN Interview Questions

Reginald MADSEN was the Oregon State Police Superintendent from 1990 to
1993
1. Are you aware of anyone in state police command who ever questioned
GIUSTO about his affair with Margie Goldschmidt?
2. If so, who?
3. If so, what did they question him about?
4. Why was GIUSTO transferred out of the Neil Goldschmidt security detail?
5. Did anyone in state police command ever tell GIUSTO that he was being
transferred out because of his affair with Margie Goldschmidt, or because of
rumors of his affair with her?
6. If so, who?
5)
Reginald MADSEN Interview Summary

On November 1, 2007, PARSONS and KING conducted a telephonic interview
with retired Oregon State Police Superintendent Reginald MADSEN for the
purpose of fact finding. PARSONS referred MADSEN to a statement the
Oregonian attributed to GIUSTO, that no one in the State Police ever questioned
him about his relationship with Mrs. Goldschmidt.71 In response, MADSEN stated,
I did. When asked if MADSEN was the superintendent at the time GIUSTO was
the driver for GOLDSCHMIDT, MADSEN stated he was for part of the time.
MADSEN recalled rumors were starting to flood back into the State Police
headquarters.72 When asked what the substance of the rumors was, MADSEN
recollected that rumors were floating around that GIUSTO and the governors wife
were having an affair.
MADSEN stated, With that information I called him in, sat him down and asked
him if he was having an affair with the governors wife. MADSEN said that
GIUSTO denied it. MADSEN stated, But I believe I told him then or maybe later
that rumors were bad enough and it concerned the governors office, and he was
getting transferred out of there.73
When asked if MADSEN did transfer GIUSTO out, he stated that he did.
MADSEN was asked what the result would have been if GIUSTO had told him
that he was having an affair with Mrs. GOLDSCHMIDT. MADSEN said that they
would have taken disciplinary action, whether it amounted to some type of
discipline, firing, transferred, demotion. When asked if GIUSTO had a good
71
Ex B.13, p 3
Ex. B.13, p 3
73
Ex B.13, p 4
72

Investigation #2
Page 24 of 30
1/16/2008

reason to lie, if he were having a relationship, knowing that he would have been
disciplined, MADSEN stated, Oh, you can bet on that . . . Yes he would have.74
When asked if MADSEN thought GIUSTO was being truthful when he talked with
GIUSTO about the relationship, MADSEN stated GIUSTO was pretty sincere
and all he had were rumors. MADSEN stated it was at a later time that people
were telling him that they [GIUSTO and Margie GOLDSCHMIDT] were going
out.75
When asked a clarifying question, that when MADSEN was talking about an affair,
he was implying that GIUSTO was having an intimate sexual relationship with
Mrs. GOLDSCHMIDT, MADSEN stated, Thats absolutely what was being
implied.76
When asked about GIUSTOs promotion, MADSEN stated he did not think
GIUSTO went through a promotion board but he recalled that the governors
drivers were promoted.
When asked about how MADSEN called GIUSTO in, MADSEN characterized it
as He was summoned to my office. MADSEN did not recall if there was anyone
else present. 77 MADSEN stated that if GIUSTO had said yes [about the affair] he
would have been put on administrative leave and the case investigated. When
asked if there were any problems as a result of GIUSTO having the alleged
relationship with Mrs. GOLDSCHMIDT, MADSEN said, . . .when he was
transferred out of there, probably the first thing that came up later was when . . .
.the governor and his wife separated . . . MADSEN did not recall where he heard
the information.
When asked if MADSEN asked GIUSTO more than once, or in different ways,
about GIUSTO having an affair with Mrs. GOLDSCHMIDT, MADSEN could not
recall the details , but stated, I know absolutely I asked him if he was having an
affair with the governors wife and he was emphatic, and very strongly denied it.78
MADSEN confirmed that he had contact with GIUSTO about this issue on one
occasion, and that GIUSTO was transferred out of that office because of the
rumors.79 MADSEN confirmed he did not talk to any other State troopers assigned
to the governors office about the rumors nor did he direct an investigation; he
handled it directly himself. MADSEN concluded, All I can add to that whole
mess is I asked him. He denied it. And that resulted in his transfer.
74
Ex B.13, p 5
Ex B.13. p 6
76
Ex B.13, p 7
77
Ex B.13, p 8
78
Ex B.13, p 9
79
Ex B.13, p 10
75

Investigation #2
Page 25 of 30
1/16/2008
6)
LeRon HOWLAND Interview Questions

LeRon HOWLAND was the Oregon State Police Superintendent from 1993
1999.
1. Are you aware of anyone in state police command who ever questioned
GIUSTO about his affair with Margie Goldschmidt?
2. If so, who?
3. If so, what did they question him about?
4. Why was GIUSTO transferred out of the Neil Goldschmidt security detail?
5. Did anyone in state police command ever tell GIUSTO that he was being
transferred out because of his affair with Margie Goldschmidt, or because of
rumors of his affair with her?
6. If so, who?
7)
LeRon HOWLAND Interview Summary

On November 1, 2007, PARSONS and KING conducted a telephonic interview
with retired Oregon State Police Superintendent LeRon HOWLAND for the
purpose of fact finding. HOWLAND stated that when he was the superintendent,
GIUSTO was in the regional dispatch center in Portland and was later the public
information officer. HOWLAND indicated he had been superintendent from 1993
to 1999.80
HOWLAND confirmed that GIUSTO had worked in the governors office under
Superintendent MADSEN. During the time that GIUSTO worked in the
governors office, HOWLAND was commander of District One, in Portland.
HOWLAND was not sure of the dates when GIUSTO was the governors driver,
and confirmed that GIUSTO had already been promoted to Lieutenant when
HOWLAND became the superintendent.81
When asked if HOWLAND spoke with GIUSTO about him having a relationship
with Mrs. GOLDSCHMIDT when Neil GOLDSCHMIDT was the governor,
HOWLAND stated, Yeah, I believe so.82 HOWLAND could not recall if he was
the deputy superintendent, or the superintendent, but he did ask GIUSTO if there
was anything to the rumor and GIUSTO told him that they [he and Mrs.
GOLDSCHMIDT] were just good friends, there was no intimate relationship.
When asked what rumors HOWLAND heard, he stated in his position with the
State Police, he would not divulge rumors about a governor or any citizen, if it
were a rumor. HOWLAND stated that if there were a complaint involving criminal
80
Ex B.14 p. 3
Ex B.14 p.4
82
Ex B.14 p.5
81

Investigation #2
Page 26 of 30
1/16/2008

activity, or potential criminal activity, or an internal complaint that could have
involved impropriety, that would have been investigated.83 When investigator
PARSONS asked HOWLAND when he spoke with GIUSTO if he had heard
rumors that GIUSTO was involved in an intimate relationship with Mrs.
GOLDSCHMIDT, HOWLAND stated, I have heard rumors that . . . perhaps he
was . . . when I asked him about that. . more from a personnel matter than anything
else, . . .it had already been looked at by the superintendent . . .he advised that . .
.there was nothing to that. . . that he and Margie developed a friendship, but there
was no intimacy involved.84 HOWLAND confirmed that the matter had already
been handled by the previous superintendent, stating, Superintendent Madsen
would have been the one that transferred Bernie out of there.85 When asked if
HOWLAND knew the reason for GIUSTOs transfer, HOWLAND said, there
were rumors floating around . . .I cant speak for Superintendent MADSEN, but
that would have been a prudent thing to do.
When investigator PARSONS asked HOWLAND whether anything would have
happened differently to GIUSTO if GIUSTO had told him he had a relationship
[with Mrs. GOLDSCHMIDT], HOWLAND stated, Yes, that would have violated
our code of conduct and ethics of our department . . .if he would have admitted that
he had a relationship while he was in an official capacity . . .of protecting the
governor and the governors family . . .that would have caused . . .an internal
investigation . . . there would have been appropriate disciplinary action. 86
HOWLAND said that he had asked GIUSTO about his relationship, not through a
formal interview but a casual one, since it had already been handled and
MADSEN had already transferred him out of the unit and he was in another
capacity . . .I just asked him one day. HOWLAND said that it was not an official
inquiry, but depending on his [GIUSTOs] answer, it could have been.
HOWLAND confirmed that had GIUSTO told him he was having a relationship,
GIUSTO would have been in trouble. HOWLAND stated, If he had said, Yes, I
did, there would have been a personnel investigation. Absolutely. 87
HOWLAND said that were going to presume that a State trooper is honest at all
times, therefore, when GIUSTO denied the relationship, he had no reason not to
believe him and there was nothing to support not believing him. HOWLAND said
he learned that at a later point GIUSTO and Mrs. GOLDSCHMIDT were dating.
When asked if the Oregonian report, that said GIUSTO denied ever being asked by
anyone within the state police about his relationship with Margie GOLDSCHMIDT
was accurate, HOWLAND asked if that was what GIUSTO had said.88
83
Ex B.14 p.6
Ex. B13 p 7
85
Ex B13, p 7
86
Ex B.13, p 8
87
Ex B.13. p 9
88
Ex B13, p 10
84

Investigation #2
Page 27 of 30
1/16/2008

HOWLAND stated he had read that in paper and I know I asked him at one time.
I know that.89
HOWLAND asked about the scope of the investigation, in terms of GIUSTOs
honesty. HOWLAND said that GIUSTOs performance reviews would show he
did a very good job and that he has never known GIUSTO to be dishonest.90
End of conversation
89
90
Ex B13. p. 11
Ex B13, p 12

Investigation #2
Page 28 of 30
1/16/2008

INDEX
agency vehicle 3
Allegation 1 5, 12
Allegation 2 5, 13
ANGLEMIER 3, 6, 7
Ashby 3
JEDDELOH 10
K
KING 3, 6, 8, 9, 10, 14, 16, 17, 18, 19, 21, 22, 24, 26
B
L
BERSIN 7, 9, 10, 17, 18

Brady Issues 6
BUDNICK 7, 9, 17
LORANCE 6, 8, 9, 10, 14, 16, 17, 18, 19
MADSEN 8, 9, 13, 14, 16, 20, 24, 25, 26, 27

Margie GOLDSCHMIDT 3, 7, 13, 15
McCAIN 8, 9, 10, 14, 16, 17, 18
MCSO 7, 8
media 15
MINNIS 8
Code of Ethics 6
COLLINSON 3, 7, 9, 16
D
DOSS 3, 7
DPSST 4, 7, 8
DPSST Investigator 8
N
Neil GOLDSCHMIDT 7
F
O
F-11 Criminal Justice Code of Ethics 9
G
GABLIKS 3
GIUSTO 1, 3, 4, 5, 7, 9, 10, 12, 13, 14, 15, 18, 20, 21, 22,
23, 24, 25, 26, 27, 28
GOLDSCHMIDT 3, 13, 14, 15, 24, 25, 26, 27
Government Standards and Practices Commission 12
Gresham Police Department 4
OAR 259-008-0010 5, 6
OAR 259-008-0070 5, 6
Oregon Department of Justice 8
Oregon Department of Justice Criminal Division 5, 12
Oregon State Police 4
ORS 181.630 5
ORS 181.640 5
ORS 181.662 5
OSP 4
P
H
PARSONS 3, 8, 14, 16, 17, 18, 19, 20, 24, 26, 27
Police Policy Committee 4, 5, 15
preponderance of evidence 6
HOWLAND 7, 9, 14, 16, 20, 26, 27, 28
I
R
Investigation #1 3, 16
Investigative Team 3, 13, 15

Investigation #2
Page 29 of 30
Referred 4
Referred To Another Agency 4
1/16/2008

Truthfulness and Public Safety Professionals Court
Decisions 6, 10
TWEEDT 3, 8
S
Seattle 3
Sheriff 4, 7
Sheriff of Multnomah County 4
standard of proof 6
Standard of Proof 6
SULZBERGER 3, 8
U
untruthfulness 3, 6
The Oregonian 3, 9, 13, 14, 16
ZAITZ 3, 8

Investigation #2
Page 30 of 30
1/16/2008

FINAL GIUSTO Investigative Report #2 011608

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DPSST Investigation #2 - GIUSTO

Bernard GIUSTO DPSST# 07617

DPSST Investigation #2 - GIUSTO

Bernard GIUSTO DPSST# 07617

DPSST Investigation #2 - GIUSTO

Bernard GIUSTO DPSST# 07617

DPSST Investigation #2 - GIUSTO

Bernard GIUSTO DPSST# 07617

DPSST Investigation #2 - GIUSTO

Bernard GIUSTO DPSST# 07617

DPSST Investigation #2 - GIUSTO

The standard of proof on this matter is a preponderance of evidence; evidence that is of

At the request of KING, ANGLEMIER and LORANCE provided the document,

DPSST Investigation #2 - GIUSTO

503 378 2214

Legal Services Coordinator

4190 Aumsville Hwy SE

503 378 5105

Government Standards and

503 546 5145

6605 S.E. Lake Road

503 939 9533

503 221 1116

1210 SW Myrtle Drive

(503 988 - 4300

503 378 2332

501 SE Hawthorne Blvd,

DPSST Deputy Director

4190 Aumsville Hwy SE

Salem, Oregon 97317

503 281 3096

503 206 6199

1150 King SW Avenue

503 581 4209

Retired Oregon State

Bernard GIUSTO DPSST# 07617

240 Kanuku Street SE

DPSST Investigation #2 - GIUSTO

503 378 2305

4190 Aumsville Hwy SE

503 378 2427

4190 Aumsville Hwy SE

Salem, Oregon 97317

541 963 2846

62455 Fruitdale Lane

Retired Oregon State

La Grande, Oregon 97850

503 572 7768 Nextel

503 988 4325

501 SE Hawthorne Blvd,

503 378 2042

4190 Aumsville Hwy SE

503 939 5652

503 378 2305

4190 Aumsville Hwy SE

Assistant Attorney General

503 329 0637

541 421 3031

Bernard GIUSTO DPSST# 07617

DPSST Investigation #2 - GIUSTO

13-pg transcript of telephone conversation with COLLINSON

2-pg email from COLLINSON to KING

Email from COLLINSON to KING

2-pg email to/from KING/COLLINSON