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(EDITOR'S NOTE: THE FOLLOWING IS THE EXACT VERBATIM TEXT OF A DECEMBER 29, 2014-DATED SIGNED THREE-PAGE OFFICIAL LEGAL LETTER FROM A FEMALE ASSISTANT CITY ATTORNEY IN AUSTIN THAT WAS ADDRESSED TO TEXAS ATTORNEY GENERAL GREG ABBOTT OF THE STATE GOVERNMENT OF TEXAS IN AUSTIN. A COPY OF THAT SIGNED LEGAL LETTER FROM THE CITY WAS MAILED TO THE CITED PUBLIC-INFORMATION REQUESTOR, MYSELF, AT MY MAILING ADDRESS AT WIND RIVER CROSSING APARTMENTS IN AUSTIN, TEXAS, USA, AND I RECEIVED THAT LETTER IN MY APARTMENT COMPLEX-DESIGNATED LOCKED MAILBOX FOR MY UNIT IN THE U.S. POSTAL SERVICE DELIVERY OF TUESDAY, DECEMBER 30, 2014.
PLEASE NOTE THAT THE OFFICIAL CITY GOVERNMENT OF AUSTIN E-MAIL ADDRESS FOR THE FEMALE AUTHOR OF THIS SIGNED LEGAL LETTER, ASSISTANT CITY ATTORNEY ELAINE NICHOLSON, IS:
ELAINE.NICHOLSON@AUSTINTEXAS.GOV .
PLEASE ALSO NOTE THAT OFFICIAL E-MAIL ADDRESSES FOR CITY OF AUSTIN EMPLOYEES OR OFFICIALS IN AUSTIN, TEXAS, ARE NOT CASE-SENSITIVE, ACCORDING TO WHAT A FEMALE CITY OF AUSTIN STAFF MEMBER HELPFULLY INFORMED ME ON THE TELEPHONE IN DECEMBER 2014.--- JKM)
City of Austin
Law Department
City Hall, 301 West 2nd Street, P.O. Box 1088
Austin, Texas 78767-8828
(512) 974-2268
December 29, 2014
VIA FIRST CLASS MAIL
Honorable Greg Abbott
Attorney General of Texas
Open Records Division
MC-014
P.O. Box 12548
Austin, Texas 78711-2548
Re: Open Records Request from Mr. John McMillan received December 15, 2014 footnote 1. (the exact text of that footnote message is contained at the bottom of the first page of this signed legal letter): Mr. McMillan submitted his request by electronic mail on Saturday, December 23, 2014. The business hours for the City of Austin's administrative offices are Monday thru Friday from
8:00 a.m. to 5:00 p.m. Thus, Mr. McMillan's request was constructively received on Monday, December 15, 2014.)
Dear Attorney General Abbott,
The City of Austin (the "City") received a request for information from John McMillan on December 15, 2014. Thus, today is the eighth day since the City's receipt of Mr. McMillan's request, accounting for the Christmas Eve and Christmas Day holiday on December 24 and 25, 2014, in which all City offices were closed for business. The City believes some of the information responsive to the request is excepted from disclosure under section 552.107 of the Government Code. This letter is a request for a determination under section 552.301 of the Government Code that some of the requested information is so excepted. Copies of the request and representative samples of the information at issue are enclosed.
By copy of this letter the City is notifying the requestor that the City is seeking to withhold some of the responsive information represented by the enclosed examples and has asked for a decision from the Attorney General about whether this information is within an exception to public disclosure.
Section 552.107(1) protects information coming within the attorney-client privilege. When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue. Open Records Decision No. 676 at 6-7 (2002).
First, a governmental body must demonstrate that the information constitutes or documents a communication. Id at 7. Second, the communication must have been made "for the purpose of facilitating the rendition of professional legal services" to the client governmental body. Tex. R. Evid. 503(b)(1). The privilege does not apply when an attorney or representative is involved in some capacity other than that of providing or facilitating professional legal services to the client governmental body. In re Texas Farmers Ins. Exch., 990 S.W. 2d 337, 340 (Tex. App. --- Texarkana 1999, orig. proceeding) (attorney-client privilege does not apply if attorney acting in a capacity other than that of attorney). Third, the privilege applies only to communications between or among clients, client representatives, lawyers, and lawyer representatives. Tex. R. Evid. 503(b)(1)(A),(B),(C),(D),(E). Thus, a governmental body must inform your office of the identities and capacities of the individuals to whom each communication at issue has been made. Lastly, the attorney-client privilege applies only to a confidential communication, id. 503(b)(1), meaning
it was "not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication." Id. 503(a)(5). Whether a communication meets this definition depends on the intent of the parties involved at the time the information was communicated. Osborne v. Johnson, 954 S.W.2d 180, 184 (Tex. App.---Waco 1997, no writ). Moreover, because the client may elect to waive the privilege at any time, a governmental body must explain that the confidentiality of a communication has been maintained. Section 552.107(1) generally excepts an entire communication that is demonstrated to be protected by the attorney-client privilege unless otherwise waived by the governmental body. See Huie v. DeShazo, 922 S.W. 2d 920, 923 (Tex. 1996) (privilege extends to the entire communication, including facts contained therein).
The submitted information consists of confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department. These communications were made for the purpose of facilitating the rendition of professional legal services and the confidentiality of these communications has been maintained. Accordingly, the City believes that the information represented by the enclosed examples is excepted from disclosure under section 552.107(1).
If you have any questions concerning this matter, please feel free to contact me at (512) 974-6463.
Sincerely,
Elaine Nicholson
Assistant City Attorney
cer/Enclosure
cc: (without enclosures)
Mr. John McMillan
11411 Research Blvd., Bldg. 3
Apartment 325
Austin, Texas 78759
(EDITOR'S NOTE: THE FOLLOWING IS THE CORRECTED VERSION OF THE ENTIRE TEXT OF MY DECEMBER 13, 2014-DATED E-MAIL TEXAS OPEN RECORDS REQUEST, ALONG WITH AN ACCOMPANYING E-MAIL EXPLANATORY NOTE FROM MYSELF, THAT I WROTE AND SENT ON DECEMBER 13, 2014, TO MS. DEBORAH JENNINGS OF THE CITY OF AUSTIN LAW DEPARTMENT IN AUSTIN, TEXAS. THIS PUBLIC-INFORMATION REQUEST FROM MYSELF WAS OFFICIALLY RECEIVED IN CORRECTED FORM AND ACKNOWLEDGED BY THE CITY GOVERNMENT OF AUSTIN LAW DEPARTMENT ON DECEMBER 15, 2014.
PLEASE NOTE THAT THE OFFICIAL CITY OF AUSTIN E-MAIL ADDRESS FOR MS. DEBORAH JENNINGS IS: DEBORAH.JENNINGS@AUSTINTEXAS.GOV . --- JKM)
On Saturday, December 13, 2014 9:49 PM, John McMillan wrote:
Dear Ms. Jennings,
Please note the clarification and correction I have made to the cited date of the certified-delivery signed legal letter that Travis County Assistant District Attorney Rob Drummond wrote and mailed to me.
That legal letter from Mr. Drummond was, in fact, dated September 23, 2014.
(Please disregard the previous version of this public-information request I sent you earlier today. That previous version of this public-information request from myself to your City of Austin Law Department incorrectly stated that Mr. Drummond in the summer of 2014 submitted that legal letter to me.)
Sincerely and Best Wishes,
John Kevin McMillan of Austin, Texas, USA.
John Kevin McMillan
____________
On Saturday, December 13, 2014 9:32 PM, John McMillan wrote:
To: Ms. Deborah Jennings, Public Information Manager for the City of Austin Law Department in Austin, Texas, with your office phone number being (512) 974-1305.
Saturday, December 13, 2014
Dear Ms. Jennings,
This is a Texas Open Records request to yourself that I believe to be very fair and reasonable and timely and appropriate.
Ms. Jennings, I would like to ask you today for a photocopy or computer printout of any and all letters, notes, E-mail letters, computer records, memoranda, handwritten notes, reports, policy decisions, advisory opinions, or any other legal documents that were each written by or on behalf of, or were received or sent or mailed or forwarded by or on behalf of, an attorney or staff member or administrator for the City Government of Austin Law Department in Austin, Texas, at any time since or including 12:01 a.m. August 21, 2014, and that, in each and every such case, referred to myself, John Kevin McMillan of Austin, in any manner or any way.
EXCLUDED from the scope of this follow-up public-information request are any and all letters or E-mail letters that were exclusively and solely written by myself, John Kevin McMillan of Austin, Texas.
Please let me know as soon as possible if you anticipate that the administrative charge you plan to ask me to pay you in exchange for your processing this most recent public-information request from myself might be more than $10.
That information from you would then give me the opportunity to revise and narrow the scope of this particular December 13, 2014-dated public-information request to yourself at your City of Austin Law Department office here in Austin.
I myself am a former full-time employee in Austin of several State Government of Texas agencies, including the Texas Department of Public Safety, the Texas Board of Pardons and Paroles, and the Texas Department of Criminal Justice, respectively.
I myself was also a recent criminal-law complainant in Travis County District Attorney's Office Public Integrity Unit (PIU) Case 9655-13, with Lori Carter the first-rate Sergeant Investigator for that case and Travis County Assistant District Attorney Rob Drummond the honorable Prosecuting Attorney for that case.
Mr. Drummond informed me in writing in a September 23, 2014-dated certified-delivery letter to me that the District Attorney's Office has asked the Austin Police Department to continue storing and maintaining at a police substation in Austin the doctor-ordered forensic-medical-exam rape-evidence kit that was obtained from my own body (my anus, buttocks, mouth, groin area, etc.) by a female forensic nurse on Dec. 22, 2011, inside the Emergency Room of the St. David's Medical Center hospital situated a few blocks from the campus of UT-Austin.
From what I understand, the Austin Police Department so far has chosen not to conduct any laboratory processing of that particular very comprehensive and thorough DNA-swabs forensic rape-evidence kit that was obtained from my own body at my request on Dec. 22, 2011, in Austin.
I myself have repeatedly and politely asked the Austin Police Department to please process that Dec. 22, 2011, DNA kit as soon as possible, with any DNA-trace evidence from anyone other than myself being an automatic basis for myself filing criminal law-charges through the Travis County District Attorney's Office in Austin, Texas, against any and all persons---regardless of who they might be, or whether they claim to be "relatives" of mine or "friends" of mine or "coworkers" of mine or "neighbors" or "acquaintances" of mine----whose DNA trace was identified from that laboratory processing.
I myself have been completely celibate, with ZERO sexual contact and ZERO intimate physical contact between myself and any other human being, or any animal or beast, for that matter, at any time or on any occasion during any of my own conscious or waking hours at any time since or including the day in January 2002 when I moved into my current top-floor, vaulted-ceiling rental apartment unit at Wind River Crossing Apartments in northwest Austin.
My legal name is John Kevin McMillan. My social security number is: .... I was born on April 27, 1957, inside Bryan Memorial Hospital at Lincoln, Nebraska. I am a lifelong single gentleman.
I am a certified direct descendent of the Rev. William Brewster, who served as head chaplain on the Mayflower and was the first full-term Puritan Governor of what is now the U.S. state of Massachusetts.
I myself am the founder and only current approved member of a new and non-Christian and law-abiding "Honor Society" religion with very stringent membership-eligibility requirements. The new religion of mine to which I refer is the alcohol-free and anti-alcohol and anti-marijuana and anti-tobacco Progressive Prohibitionist Religion, a fully independent new denomination that is implicitly deistic and non-atheistic.
My own fully independent and non-proselytizing one-member religion strongly opposes anonymous communications violating the privacy rights of myself or anyone else; strongly supports privacy rights for law-abiding persons; strongly opposes thought-control projects; strongly opposes conduct that medically injures anyone or harms their medical health; strongly opposes the sex crime of rape; strongly opposes personal-injury crimes; strongly opposes medically injurious noise pollution; strongly opposes fraudulent medical services; strongly opposes fraudulent informational services; strongly opposes verbalization of death threats to anyone; and strongly opposes vigilanteeism.
I myself am a former salutatorian of Stephen F. Austin High School of Austin Independent School District here in Austin, Texas. I am an alumnus of The University of Texas at Austin and the University of Minnesota in Minneapolis, respectively.
Sincerely and Best Wishes,
John Kevin McMillan, a single adult white male resident of Austin, Texas, on a continuous and uninterrupted basis ever since mid-March 1997.
My own current home phone number in Austin, Texas, is:
(512) 342-2295.
My own home address is: Wind River Crossing Apartments (a Westdale-owned and Westdale-managed apartment complex, with Westdale being a for-profit nationwide realty corporation headquartered in Dallas, Texas), 11411 Research Boulevard, Building 3, Apartment 325, Austin, Texas, 78759.
My Personal Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
(EDITOR'S NOTE: THE LAST-EVER E-MAIL LEGAL CORRESPONDENCE THAT I HAD MYSELF SENT TO AUSTIN POLICE DEPARTMENT (APD) DETECTIVE ROBERT FIELD, CORRESPONDENCE FROM ME THAT APPEARED TO HAVE PROMPTED THAT APD OFFICER'S VERY ABRUPT REJECTION E-MAIL LETTER TO ME, REFERRED IN WRITING TO A VERY SURPRISING REJECTION E-MAIL LETTER THAT WAS APPARENTLY SENT TO ME ON DECEMBER 26, 2014, BY AN OFFICIAL OF THE SAN ANTONIO, TEXAS, REGIONAL OFFICE OF THE FEDERAL BUREAU OF INVESTIGATION LAW-ENFORCEMENT AGENCY OF THE UNITED STATES GOVERNMENT.
THE CURRENT OFFICIAL E-MAIL ADDRESS FOR APD DETECTIVE ROBERT FIELD --- AN E-MAIL ADDRESS THAT IS NOT CASE-SENSITIVE, ACCORDING TO WHAT ONE CITY GOVERNMENT OF AUSTIN EMPLOYEE INFORMED ME EARLIER THIS MONTH ON THE TELEPHONE --- IS:
ROBERT.FIELD@AUSTINTEXAS.GOV . --- JKM)
______________
Field, Robert
To
me
Today (Saturday, December 27, 2014) at 12:36 AM
Mr McMillan,
Could you please remove me from your email list. Thank you
Detective Rob Field 2752
Austin Police Department
Region 1 / Night Shift Detectives
(512) 974-8146
Robert.field@austintexas.gov
________
rejection E-mail to me from 'San Antonio FBI' re: my PIR to OAG on rape-crime evidence kit (7)
me
To
Lori Carter rob.drummond@co.travis.tx.us rangers@dps.texas.gov Public Information jordan.hale@texasattorneygeneral.gov and 95 more...(including to APD Detective Robert Field at his official municipal-government e-mail address of "robert.field@austintexas.gov)
Today (Saturday, December 27, 2014) at 12:26 AM
A respectful FYI to each of you on the following very surprising and terse rejection reply E-mail letter I received this Friday, December 26, 2014, that purportedly was from the San Antonio, Texas, regional office of the Federal Bureau of Investigation law-enforcement agency of the United States Government.
I distinctly recall having been informed by an FBI staff member on the telephone several months ago that the FBI never sends E-mail communications to any private citizen such as myself, John Kevin McMillan of Austin, Texas, USA.
So I am not completely sure that the E-mail "reply" I received, requesting that I never again write to the San Antonio regional office of the FBI ever again at any time, was actually sent to me by that federal law-enforcement agency.
I might add that if the reply E-mail letter (below) I received this Friday was somehow allegedly fraudulent, I hereby insist on myself filing any and all applicable criminal-law charges accordingly against any and all persons or entities that or who might have allegedly and falsely presented themselves as "representing" the FBI regional office in San Antonio, Texas.
Sincerely and Best Wishes,
John Kevin McMillan, a former full-time employee in Austin, Texas, of the Texas Department of Public Safety, the Texas Department of Criminal Justice, and the Texas Board of Pardons and Paroles state agencies, respectively.
My home address: Wind River Crossing, 11411 Research Boulevard, Building 3, Apartment 325, Austin, Texas, 78759.
My home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
(EDITOR'S NOTE: THE SAN ANTONIO, TEXAS, REGIONAL OFFICE OF THE FEDERAL BUREAU OF INVESTIGATION LAW-ENFORCEMENT AGENCY OF THE UNITED STATES GOVERNMENT HAS THE FOLLOWING OFFICIAL E-MAIL ADDRESS: SanAntonio@ic.fbi.gov . ---JKM)
San Antonio FBI
To
me
Today (December 26, 2014) at 12:01 PM
Remove FBI San Antonio from this mailing list.
______________
From: John McMillan [mcmillanj@att.net]
Sent: Thursday, December 25, 2014 12:32 AM
To: Publicrecords; dayna.blazey@co.travis.tx.us; carl.woody@co.travis.tx.us; rangers@dps.texas.gov; lori.carter@traviscountytx.gov; rob.drummond@traviscountytx.gov; dayna.blazey@traviscountytx.gov; carl.woody@traviscountytx.gov; San Antonio FBI; president@whitehouse.gov; robert.field@austintexas.gov; Texas DPS Office of General Counsel; dorothy.browne@house.state.tx.us; Public Information
Subject: Fw: 12-22-14 Texas Attorney General Open Records re: rape-crime evidence kit
To: Jordan Hale,
Public Information Coordinator,
Office of the Attorney General of Texas state agency,
State Government of Texas,
P.O. Box 12548,
Austin, TX 78711 2548
FAX: (512) 494-8017
E-mail address: publicrecords@texasattorneygeneral.gov
Dear Jordan Hale,
Please confirm for me in writing as soon as possible that you have received the following December 22, 2014-dated e-mail Texas Open Records request from myself, and that it is in acceptable form to elicit a reply letter from your State Government of Texas agency which provides me with any and all documents responsive to that public-information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan of Austin, Texas, USA.
My home phone: (512) 342-2295.
John Kevin McMillan
__________
On Monday, December 22, 2014 12:45 PM, John McMillan wrote:
To: Open Records Coordinator,
Office of the Attorney General of Texas state agency,
Austin, Texas.
Office phone number for the Attorney General of Texas state agency: (512) 463-2100
December 22, 2014
Dear Open Records Coordinator,
This is a Texas Open Records request in which I seek to obtain from any and all applicable offices or divisions of your State of Texas agency in Austin a photocopy or copy or computer printout of any and all lab test results and medical records and any and all crime-suspect information obtained or received or compiled by your State Government of Texas agency in regard to or relating to the Dec. 22, 2011, emergency-room-doctor-ordered forensic rape-evidence DNA-swabs exam that was very diligently and in an apparently very thorough manner conducted by a female forensic nurse on my own anus, buttocks, mouth, etc., in the early morning hours of Dec. 22, 2011, inside the emergency room of St. David's Medical Center hospital situated a few blocks from the Law School of the University of Texas at Austin.
That factual information from you will be invaluable to me in myself pressing one or more successful criminal-law felony rape charges on my own behalf, with help from a reputable law-enforcement agency and the Travis County District Attorney's Office, inside a courtroom here in Austin.
The early-morning December 22, 2011, forensic medical exam on myself inside St. David's Emergency Room was performed on me a matter of hours after I filed a crime report with the Austin Police Department on Dec. 21, 2011, in which I cited crime evidence to an APD officer that I had been victimized in the early morning hours of Dec. 21, 2011, by alleged anal-rape allegedly inflicted on me during my sleep as I lay alone, unconscious and probably also snoring, on my own bed inside my bolt-locked apartment unit.
I was the only apartment management-team approved official tenant and also the only approved occupant inside my top-floor, vaulted-ceiling apartment unit at the time of the alleged rape that allegedly violated my own legal rights and human rights in Austin, Texas, USA.
No one other than myself was authorized by or knowingly permitted by myself to be physically present anywhere inside my bolt-locked apartment unit at any time on December 21, 2011, with the sole exception of the one total Austin Police Department officer, Officer Guzman, an on-duty officer who visited my apartment unit on Dec, 21, 2011, in response to a rape-crime criminal-law complaint to APD from myself.
Incidentally, I might note that I had taken a shower or bath minutes before I went to bed inside my bedroom of my bolt-locked apartment unit early on the morning of Dec. 21, 2011.
When Officer Guzman while on duty visited my apartment unit later that day, he informed me in person in the living room of my apartment unit that I had the option of myself working at my scheduled restaurant workshift later that day without my taking another shower or bath (a course of action that would help preserve DNA crime evidence on my own body). Officer Guzman also told me that after my scheduled restaurant workshift that day, I could then promptly travel to St. David's Medical Center Emergency Room in central Austin and then myself on an individual basis request a rape-exam on myself inside that emergency room.
I diligently followed Officer Guzman's advice on that, and have since been informed in writing by APD's public-information office and by the Travis County DA's Office that the Austin Police Department has been maintaining the resulting DNA-swabs rape-evidence kit at an APD substation in Austin, Texas.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social-security number is: ....
I have resided in Austin, Texas, on a continuous and uninterrupted basis ever since mid-March 1997.
Thank you in advance for your very helpful official response providing me with any and all legal documents or records responsive to this public-information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan, a current criminal-law complainant with APD in regard to a cited illegal-trespassing incident on my lamp-lit outdoor balcony that I directly observed from inside my bolt-locked bedroom at about 1:15 a.m. one morning earlier this year----an incident about which I have filed an official crime report with APD, with APD Detective Robert Field the investigator assigned to that alleged-crime case. I appreciate the professional manner in which Detective Field has interviewed me or spoken with me on the telephone at least twice in regard to that alleged illegal-trespassing crime case in which I am the single adult white male complainant and cited crime victim.
I am also a self-identified personal-injury-crimes victim and self-identified anal-rape-crimes victim, as I have informed numerous law-enforcement agencies in recent years here in Austin.
My home address: Wind River Crossing Apartments, 11411 Research Boulevard, Building 3, Apartment 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
(EDITOR'S NOTE POSTED ON JANUARY 25, 2015: The new official E-mail address for Travis County Assistant County Attorney Elizabeth Hanshaw Winn in 2015 at the Travis County Attorney's Office public law office in Austin, Texas, USA, is:
Elizabeth.Winn@traviscountytx.gov . --- JKM)
----- Forwarded Message -----
From: Elizabeth Winn
To: John McMillan
Sent: Thursday, July 17, 2014 11:11 AM
Subject: RE: courtesy reply note sought from County Attorney re: 6-25-14 Travis County Open Records-McMillan
Correct, and yes, you can share this email; it is public information.
Elizabeth Hanshaw Winn
Assistant County Attorney
Travis County Attorney's Office
P.O. Box 1748
Austin, Texas 78767
Phone: 512.854.4168
Fax: 512.854.4808
email: elizabeth.winn@co.travis.tx.us
CONFIDENTIAL COMMUNICATION
ATTORNEY/CLIENT PRIVILEGE
The information contained in this transmission may be privileged or confidential. It is intended only for the use of the person(s) named above. If you are not the intended recipient, this is notice that any review, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please email the sender and destroy all copies of the original message, immediately.
__________
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Thursday, July 17, 2014 11:09 AM
To: Elizabeth Winn
Subject: Re: courtesy reply note sought from County Attorney re: 6-25-14 Travis County Open Records-McMillan
Dear Assistant County Attorney Winn,
Thank you for your reply letter (below) on this.
Does your reply letter also indicate that you do not have any legal notes or letters or forwarding notes or other documents that anyone in your County Attorney's Office has generated or written that respond or refer in any way to the public-information requests from myself that you mention in your reply letter?
Also, is it legal for me to share the contents of your reply letter to me on this with other government agencies and the news media?
I am posing this second question to you because your reply letter states that your response is a confidential communication.
As a gainfully-employed, honest, dependably civil and law-abiding, psychologically healthy, single adult gentleman, I myself waive any and all confidentiality claims on any aspect of this legal correspondence with your office.
Sincerely and Best Wishes,
John Kevin McMillan, current criminal-law complainant in Travis County District Attorney's Office Public Integrity Unit Case 9655-13.
My home phone: (512) 342-2295.
John Kevin McMillan
___________
From: Elizabeth Winn
To: John McMillan
Cc: Ramiro Gonzalez
Sent: Thursday, July 17, 2014 10:33 AM
Subject: RE: courtesy reply note sought from County Attorney re: 6-25-14 Travis County Open Records-McMillan
Mr. McMillan:
Per your request below to the Travis County Attorney’s Office, please be advised that we have searched our email accounts and document management system for information responsive from April 1, 2011 to present, and they only information we have located relate to your own public information requests. As you have already excluded information sent to our office from you, please advise if you want us to resend information we have already sent you. Otherwise, we have nothing else responsive.
Elizabeth Hanshaw Winn
Assistant County Attorney
Travis County Attorney's Office
P.O. Box 1748
Austin, Texas 78767
Phone: 512.854.4168
Fax: 512.854.4808
email: elizabeth.winn@co.travis.tx.us
CONFIDENTIAL COMMUNICATION
ATTORNEY/CLIENT PRIVILEGE
The information contained in this transmission may be privileged or confidential. It is intended only for the use of the person(s) named above. If you are not the intended recipient, this is notice that any review, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please email the sender and destroy all copies of the original message, immediately.
___________
From: TCA Open Records
Sent: Wednesday, July 09, 2014 11:51 AM
To: John McMillan; TCA Open Records
Cc: Elizabeth Winn
Subject: RE: courtesy reply note sought from County Attorney re: 6-25-14 Travis County Open Records
Dear Mr. McMillan,
This is to confirm receipt of your request with the Travis County Attorney’s Office through our open records email. You do not need to resubmit your request.
Respectfully,
Ramiro “Ram” Gonzalez
Legal Secretary to Elizabeth Winn
________
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Wednesday, July 02, 2014 12:59 AM
To: TCA Open Records; U.S. Department of Homeland Security; U.S. Attorney's Office Western District of Texas; USA Today Editors (2014); KVUE Television Newstips; Texas AM Univ. Pres.; Texas Medical Board state agency; Tara Long; Enrique Serrano; CBS News '60 Minutes' Editors and Reporters; Nicole Waggoner; State Bar of Texas Exec. Dir. Michelle Hunter; Texas Rangers Division DPS; Texas Rangers Division of DPS; Attorney General of TX Criminal-Law Division Captain Gregory Lucas; public.information@texasattorneygeneral.gov; Texas DPS Office of General Counsel; michael.king@austintexas.gov; APD Officer James Turner; City Attorney Karen Kennard City of Austin (TX); TWC Ombudsman; U.S. President Barack Obama; Wind River Crossing GM Ann Coker; TWC General Counsel Paul Jones; lowell.keig@twc.state.tx.us; craig.watkins@dallascounty.org; Dallas County Attorney's Office
Subject: courtesy reply note sought from County Attorney re: 6-25-14 Travis County Open Records
Dear Open Records Coordinator for the Travis County Attorney's Office in Austin, Texas,
Please let me know as soon as possible if you would like me to
re-submit to you at your official correct public-information-custodian E-mail address (above, the very first cited E-mail address) as cited at your website, and cite a new date for, the following Texas Open Records request from myself.
Otherwise, please let me know if the June 25, 2014, Open Records request (below) from myself is in acceptable form as is to elicit a reply letter providing me with any and all legal documents responsive to that public-information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan, a NON-alcoholic and permanently alcohol-free and anti-alcohol-minded, lifelong-tobacco-free and anti-tobacco, permanently-illicit-drug-free and never-previously-addicted and anti-illicit-drug as well as anti-marijuana-minded,
clean-talking in my everyday conversations with others, lifelong-tattoo-less, permanently jewelry-less, facially cleanshaven (no beard, no mustache, no goatee, etc.), tactfully honest, dependably civil and law-abiding, vigilant and law-enforcement-minded, longtime celibate-by-choice, psychologically healthy, single adult white non-Christian and non-Jewish gentleman.
My home phone in Austin, Texas: (512) 342-2295.
John Kevin McMillan
----- Forwarded Message -----
From: John McMillan
To: Travis County Open Records Assistant ; "tara.long@austintexas.gov" ; City Attorney Karen Kennard City of Austin (TX) ; "public.information@texasattorneygeneral.gov" ; Texas DPS Office of General Counsel ; TWC Ombudsman ; TWC General Counsel Paul Jones ; U.S. President Barack Obama ; Wind River Crossing GM Ann Coker
Sent: Wednesday, June 25, 2014 11:40 AM
Subject: Fw: 6-25-14 Travis County Open Records
A respectful FYI to each of you on the following,
from John Kevin McMillan of Austin, Texas.
John Kevin McMillan
----- Forwarded Message -----
From: John McMillan
To: Travis County Open Records Coordinator ; "craig.watkins@dallascounty.org"
Sent: Wednesday, June 25, 2014 11:31 AM
Subject: 6-25-14 Travis County Open Records
To: Travis County Open Records Coordinator and Assistant County Attorney Daniel Bradford, Travis County Courthouse, Austin, Texas.
June 25, 2014
This is a Texas Open Records request in which I seek to obtain from you a photocopy or copy or computer printout of any and all letters, notes, E-mail correspondence, phone messages, reports, memoranda, records, advisory opinions, or any other legal documents that refer to myself , John Kevin McMillan of Austin, in any manner or any way, and that, in each and every such case, at any time SINCE or including April 1, 2011, were written or received or sent or mailed or forwarded by or on behalf of any attorney or any other staff member or administrator employed in the Travis County Attorney's Office in Austin, Texas.
EXCLUDED from the scope of this public-information request are any and all letters or E-mail letters that were each written exclusively by myself, John Kevin McMillan of Austin, Texas.
My legal name is John Kevin McMillan. I was born on April 27, 1957, in Lincoln, Nebraska. My social security number is: ..... I lead a permanently alcohol-free and tobacco-free and dependably civil and law-abiding and vigilant lifestyle. I am gainfully employed, and I myself do not have any criminal-conviction record.
I have resided in Travis County, Texas---and always in Austin proper during this so-cited period---on a continuous and uninterrupted basis ever since mid-March of 1997.
I have resided in my current residence, Apartment 325 at the Westdale-managed Wind River Crossing Apartments, ever since January 2002. Westdale is a for-profit corporation headquartered in Dallas, Texas.
I lead a permanently marijuana-free and anti-marijuana-minded lifestyle and religious life. I have not consumed any quantity of marijuana anywhere in the entire world on any occasion since late 1984.
I also lead a permanently alcohol-free and anti-alcohol lifestyle and religious life. I have not consumed any quantity of drinking alcohol on any occasion since the late summer of 1990.
I also lead a lifelong-tobacco-free and anti-tobacco lifestyle and religious life. I have never consumed any quantity of tobacco on any occasion in my entire life.
I am the founder and the only current approved member of the Progressive Prohibitionist Religion, a non-Christian "Honor Society" religion with very stringent membership-eligibility requirements.
My non-proselytizing Progressive Prohibitionist Religion very emphatically opposes each of the following:
----any attempt by any person or group of persons or entity to deny a cited human being (myself, for instance) the legal right to himself sleep ALONE for eight consecutive hours every night of healthful sleep on HIS OWN BED inside his bolt-locked private bedroom at nighttime, it being abundantly clear that deliberately and willfully robbing a human being (myself, for instance) of his sleep, including his REM sleep, on a repeated and frequent basis comprises a defacto personal-injury crime victimizing that human being.
----any defiance of the legal right and human right of any human being (myself, for instance) to himself lead a completely and permanently celibate lifestyle on a 24-hour-a-day-and year-round basis.
-----the sex crime of rape.
----the sex crime of prostitution.
----any and all continuous personal-injury crimes.
----any and all attempts by any person or group of persons to contaminate and thereby poison the foods or beverages that are then served to or consumed by another human being (myself, for instance, in that hypothetical scenario).
-----any and all personal-injury crimes, including deliberate and willfull attempts by any person or group of persons to inflict a medical "disability" on a cited or designated victim.
-----any and all thought-control projects.
-----any and all "social-science experiments" or "research projects" or "entertainment productions" or "educational services" or "movie productions" that are deliberately and willfully inflicted on a human being for any period of time against his wishes, or without his expressly stated and signed prior written consent.
-----medically injurious noise pollution violating the privacy rights and harming the medical health of any person being subjected to that noise pollution against his wishes.
----fraudulent or knowingly dishonest or false communications.
----any and all fraudulent or medically injurious "medical-care services".
----anonymous communications, including anonymous obscene or profane communications, that violate the privacy rights of the person being subjected to those anonymous communications.
-----attempts by any person or group of persons, including any religious or political-action group or "legal services provider," to censor lawfully-expressed and NON-anonymous criticism of that person or group of persons or subculture or entity.
-----attempts by one or more persons to "drive" or "hound" someone out of a cited city or town or county or metro area or U.S. state.
In that latter regard, Travis County Civil Probate Division Director David Ferris did volunteer to me on the telephone in the summer or fall of 2001, during a local phone call I made to his county government office from my apartment residence at that time, Apartment 1638 in Building 16 at Wind River Crossing Apartments in northwest Austin:
"There appears to be an attempt by many people in this county to drive you (John Kevin McMillan) out of the Austin area." (approximate quote of Mr. Ferris's unsolicited disclosure to me on the phone).
My roommate during that time period in 2001 was a single adult gentleman named "Christian Meza", who in the summer of 2001 had advertised for a roommate, with myself having politely responded to his roommate-wanted ad.
At the time when Mr. Ferris made that very surprising comment to me in 2001, I had never spoken with Mr. Ferris on any occasion in my entire life, from what I can recall. To this day I have never once spoken in person with a man named "David Ferris" who stated that he was previously or currently is the Travis County Civil Probate Division Director.
It is also notewowthy that Norma Hilbig (sometimes using an alternate last name of Alvaraz (sp?)) of the Travis County District Attorney's Office Strategic Prosecution Division did officially confirm for me in writing in January of 2006, I believe the date was, that the DA's Office in Austin as of that month had officially established a voluminous "Harmful Intent" crime-evidence file containing hundreds of pages of crime-evidence on my own behalf, she stated.
Ms. Hilbig also stated to me that if any person ever at any time ever allegedly commits a felony crime victimizing myself, John Kevin McMillan of Austin, the Travis County District Attorney will promptly and diligently consult that "Harmful Intent" crime evidence file while filing criminal charges in a court of law in Austin that cite myself, John Kevin McMillan, as a cited victim of one or more felony crtimes in Austin, Ms. Hilbig assured me.
I might add that at no time since January 2006 has either Travis County District Attorney Ronald Earle or his succcessor, District Attorney Rosemary Lehmberg, ever once informed me that he or she has filed felony charges in a court of law against ANY person or any group of persons who were being formally and officially accused of having commited an alleged felony crime victimizing myself, John Kevin McMillan of Travis County, Texas.
Thank you in advance for your prompt and very thorough reply letter to me on this.
Please let me know as soon as possible if you sense that you plan to charge me more than $10 for responding to this Open Records request from myself. That information will then enable me to revise this request in order to limit my expenses on this to $10 or less. I am a low-income gentleman with very minimal financial wealth of my own, as I am sure your county attorney's office is already very aware.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Wind River Crossing, Building 3,
Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com/
John Kevin McMillan
___________
(EDITOR'S NOTE FROM MYSELF: THE CORRECT OFFICIAL E-MAIL ADDRESS FOR BOTH THE AUSTIN OFFICE AND THE SAN ANTONIO OFFICE OF THE FEDERAL BUREAU OF INVESTIGATION LAW-ENFORCEMENT AGENCY OF THE UNITED STATES GOVERNMENT IS: SanAntonio@ic.fbi.gov .
IN RECENT YEARS, I HAVE REPEATEDLY INFORMED FBI OFFICIALS IN AUSTIN, TEXAS, AND IN SAN ANTONIO, TEXAS, AS WELL AS U.S. DEPARTMENT OF JUSTICE OFFICIALS IN WASHINGTON, D.C., AS WELL AS UNITED STATES PRESIDENT BARACK OBAMA IN WASHINGTON, D.C., THAT I DEFINITELY AUTHORIZE IN ADVANCE AND WELCOME ANY AND ALL LAW-ENFORCEMENT-AGENCY-SPONSORED INTERVIEWS OF MYSELF RELATING TO MY BEING A SELF-IDENTIFIED VICTIM OF ALLEGED CONTINUOUS PERSONAL-INJURY CRIMES AND CONTINUOUS ANAL-RAPE CRIMES IN AUSTIN, TEXAS, USA, THAT I MAINTAIN HAVE BEEN AND STILL TO THIS VERY DAY ARE BEING ALLEGEDLY SPONSORED BY ONE OR MORE "ORGANIZED CRIME" GROUPS, AND FOR THAT AND OTHER REASONS MIGHT BE OFFICIALLY CLASSIFIED AS "FEDERAL OFFENSES" IN REGARD TO WHICH THE FBI MIGHT HAVE FULL LEGAL AUTHORIZATION TO FULLY AND COMPREHENSIVELY INVESTIGATE.
I HAVE ALSO REPEATEDLY INFORMED FBI OFFICIALS IN AUSTIN, TEXAS, AND IN SAN ANTONIO, TEXAS, AND JUSTICE DEPARTMENT OFFICIALS IN WASHINGTON, D.C., AND CURRENT
U.S. PRESIDENT BARACK OBAMA, THAT I DEFINITELY AGREE IN ADVANCE TO MYSELF AUTHORIZE 24-HOUR-A-DAY GOVERNMENT-LAW-ENFORCEMENT-AGENCY-SPONSORED ELECTRONIC SURVEILLANCE, INCLUDING POSSIBLE USE OF INFRARED-CAMERA SURVEILLANCE, ON A TEMPORARY BASIS OF ANY AND ALL PORTIONS OF MY OWN ENTIRE BEDROOM AND ANY AND ALL ALL CLOSETS AND CUPBOARDS OF MY BEDROOM, WHICH IS SITUATED INSIDE A TOP-FLOOR, VAULTED-CEILING, FOUR-TOTAL-ROOM APARTMENT UNIT THAT I RENT.
I HAVE ALSO REPEATEDLY STATED IN WRITING AND ON THE TELEPHONE TO FBI OFFICIALS AND OTHER FEDERAL GOVERNMENT OFFICIALS, INCLUDING THE CURRENT U.S. PRESIDENT, BARACK OBAMA, THAT I MYSELF DEFINITELY AUTHORIZE GOVERNMENT LAW-ENFORCEMENT AGENCY-SPONSORED 24-HOUR-A-DAY ELECTRONIC SURVEILLANCE OF THE ENTIRE SECOND-FLOOR OUTDOOR BALCONY THAT ABUTS THE FRONT DOOR TO MY RENTAL APARTMENT UNIT AND THAT ALSO ABUTS THE MASSIVE SEVEN-FOOT-TALL AND SIX-FOOT-WIDE SLIDING GLASS DOOR I MYSELF KEEP LOCKED AT ALL TIMES----A SLIDING GLASS DOOR THAT LEADS DIRECTLY INTO THE BOLT-LOCKED PRIVATE BEDROOM WHERE I MYSELF ALWAYS SLEEP ALONE EVERY NIGHT OR MORNING ON A BED THAT I MYSELF OWN.
I HAVE ALSO IN RECENT YEARS REPEATEDLY INFORMED FBI OFFICIALS AND U.S. JUSTICE DEPARTMENT OFFICIALS AND CURRENT U.S. PRESIDENT BARACK OBAMA, THAT I MYSELF DEFINITELY AUTHORIZE AND AGREE TO IN ADVANCE ANY AND ALL GOVERNMENT-SPONSORED DNA MEDICAL RAPE EVIDENCE SWABS ON MY OWN ANUS, BUTTOCKS, MOUTH, GROIN AREA, ETC., WITH THE VERY CLEAR PRIOR UNDERSTANDING THAT THE GOVERNMENT WILL PROMPTLY PROCESS THAT DNA MEDICAL EVIDENCE, AND IF ANY DNA TRACE OF ANYONE OTHER THAN MYSELF IS EVER AT ANY TIME IDENTIFIED FROM RELIABLE GOVERNMENT-SPONSORED LAB TESTING ON THOSE DNA RAPE-EVIDENCE KITS, THE GOVERNMENT WILL HELP ME TO PRESS SUCCESSFUL FELONY RAPE CHARGES IN A COURT OF LAW AT THE EARLIEST OPPORTUNITY.
I MYSELF HAVE BEEN COMPLETELY CELIBATE, WITH ZERO INTIMATE PHYSICAL CONTACT AND ZERO SEXUAL CONTACT OF ANY TYPE BETWEEN MYSELF AND ANY OTHER HUMAN BEING, OR ANY ANIMAL OR BEAST, FOR THAT MATTER, AT ANY TIME DURING ANY OF MY OWN CONSCIOUS OR WAKING HOURS ON ANY OCCASION, REGARDLESS OF THE LOCATION OR SITE WHERE I HAVE BEEN SITUATED OR TRAVELED TO OR BEEN STATIONED, EVER SINCE AND INCLUDING THE DAY WHEN I MOVED TO WIND RIVER CROSSING APARTMENTS IN NORTHWEST AUSTIN AS AN OFFICIAL TENANT HERE IN AUGUST 2001. I HAVE RESIDED IN WIND RIVER CROSSING'S BUILDING THREE, APARTMENT 325, THE VAST MAJORITY OF THE TIME AS THE ONLY APPROVED TENANT HERE, EVER SINCE JANUARY 2002.
PLEASE NOTE THAT I DID FOR THIS BLOG ADD TWO TOTAL CLARIFYING STRICTLY FACTUAL STATEMENTS, CONTAINED WITHIN PARENTHESES, TO THE CITED CONTACT INFORMATION FOR CHRISTIAN GONZALEZ, COMMUNICATIONS DIRECTOR FOR THE AUSTIN DIOCESE OF THE ROMAN CATHOLIC CHURCH. THAT AUSTIN DIOCESE OFFICIAL'S CORRECT OFFICIAL E-MAIL ADDRESS IS: christian-gonzalez@austindiocese.org .
THE REPLY LETTER TO ME FROM THE CITED ROMAN CATHOLIC CHURCH DIOCESE OFFICIAL IN AUSTIN, TEXAS, USA, WAS NOTEWORTHY IN PART BECAUSE THE ONE TOTAL APARTMENT-MANAGEMENT-TEAM-APPROVED ROOMMATE OF MINE WHO ROOMED WITH ME INSIDE MY APARTMENT UNIT FROM APRIL 16, 2011, UNTIL MAY 31, 2011, WHEN HE MOVED OUT AFTER HAVING HIS NAME REMOVED FROM THE LEASE, WAS A SELF-IDENTIFIED "MEMBER OF THE CATHOLIC CHURCH" WHO ALSO STATED TO ME THAT HE HIMSELF, "SANDJAJA UTAMA" BEING HIS STATED "LEGAL NAME," WAS ALSO A "CITIZEN OF INDONESIA."
THE VERY SAME MR. UTAMA ALSO REPEATEDLY STATED TO ME IN PERSON IN THE SPRING OF 2011 THAT HE WAS EMPLOYED BY "PEARSON EDUCATIONAL TESTING SERVICES," A BRITISH-OWNED FOR-PROFIT CORPORATION, AND AN HR DEPARTMENT STAFF MEMBER FOR PEARSON IN AUSTIN, TEXAS, DID IN THE SPRING OF 2011 SEND ME A FAX STATEMENT CONFIRMING FOR ME IN WRITING THAT THE CITED "SANDJAJA UTAMA" WAS, IN FACT, EMPLOYED AT THAT TIME BY PEARSON EDUCATIONAL TESTING SERVICES IN NORTH AUSTIN.
AFTER MR. UTAMA MOVED OUT OF MY APARTMENT UNIT, I PROMPTLY CHANGED THE LOCK TO MY FRONT DOOR AND OBTAINED A NEW KEY TO MY APARTMENT UNIT. THEN ON MARCH 22, 2014, I WAS INFORMED ON THE TELEPHONE BY AN OFFICIAL OF THE U.S. DEPARTMENT OF HOMELAND SECURITY FEDERAL LAW-ENFORCEMENT AGENCY, THAT THE VERY SAME "SANDJAJA UTAMA" WHO HAD ROOMED WITH ME AS MY ONLY ROOMMATE FOR A TOTAL OF ONE-AND-ONE-HALF-MONTHS IN 2011, IS NOW THE SUBJECT OF A CRIME INVESTIGATION BY THAT FEDERAL LAW-ENFORCEMENT AGENCY.
THE U.S. DEPARTMENT OF HOMELAND SECURITY MALE STAFF MEMBER WHO OFFERED ME THAT DISCLOSURE ON MARCH 22, 2014, ALSO STATED TO ME ON HIS OWN INITIATIVE IN THAT SAME PHONE CONVERSATION I HAD WITH HIM THAT HIS FEDERAL AGENCY HAD RECEIVED A RECENT CRIME TIP ABOUT THE CITED "SANDJAJA UTAMA" FROM A RELIABLE SOURCE OTHER THAN MYSELF, AND IT WAS THAT PARTICULAR CRIME TIP WHICH PROMPTED HOMELAND SECURITY TO OFFICIALLY LAUNCH A CRIME INVESTIGATION FOCUSED ON SANDJAJA UTAMA OF THE AUSTIN AREA OF TEXAS AS A POSSIBLE SUSPECT, THAT HOMELAND SECURITY OFFICIAL STATED TO ME ON THE TELEPHONE ON MARCH 22, 2014.
IN THE PERIOD SINCE THAT MARCH 22, 2014, CRIME-INVESTIGATION DISCLOSURE TO ME BY THAT FEDERAL AGENCY, I HAVE NOT RECEIVED ANY WORD FROM HOMELAND SECURITY ON WHETHER IT HAS CONCLUDED ITS CRIME INVESTIGATION ON MR. UTAMA, AN INDIVIDUAL WHOM I MYSELF PERMANENTLY AND IRREVOCABLY REJECTED FROM MY OWN LIFE EFFECTIVE THE MINUTE WHEN HE MOVED OUT OF MY APARTMENT UNIT IN MAY 31, 2011. I MYSELF AM NOT A PERSONAL FRIEND OR ASSOCIATE OR RELATIVE OR COLLEAGUE OF MR. UTAMA IN ANY CONTEXT, AND MY OWN RELATIONSHIP WITH THAT PARTICULAR SHORT (FIVE-FEET-FIVE-INCHES IN HEIGHT OR SHORTER) FAR EAST ASIAN MALE ADULT PERSON WAS, OF COURSE, STRICTLY PLATONIC AT ALL TIMES.
THE CITED "SANDJAJA UTAMA" WHO HAD ROOMED WITH ME FROM MID-APRIL 2011 UNTIL MAY 31, 2011, INSIDE THE SAME RENTAL APARTMENT UNIT, REPEATEDLY INFORMED ME IN PERSON IN THE SPRING OF 2011, BOTH BEFORE AND AFTER I AGREED TO ROOM WITH HIM, THAT HIS OWN "AUNTIE" (EXACT QUOTE OF HIS BRITISH-STYLE PHRASING ON THAT) IS HERSELF A MEDICAL PHYSICIAN IN ROUND ROCK, TEXAS, NAMED DR. 'SHEILA SHUNG', MR. UTAMA STATED TO ME IN THE SPRING OF 2011.
MY ONLINE TELEPHONE RECORDS FOR THE SPRING OF 2011 ALSO CONFIRM THAT TWO OR MORE PHONE CALLS BY SOMEONE USING A TELEPHONE FOR WHICH "SHEILA SHUNG" WAS THE ONLY CITED SUBSCRIBER OF THAT PARTICULAR TELEPHONE SERVICE, WERE IN FACT RECEIVED ON MY OWN HOME PHONE LINE AT WIND RIVER CROSSING APARTMENTS, WITH VOICE MAIL MESSAGES TO ME FROM THAT CITED DOCTOR'S PHONE LINE THAT WERE RECORDED AND SAVED THROUGH MY VOICE MAIL SERVICE IN THE SPRING OF 2011 INSIDE MY RENTAL APARTMENT IN AUSTIN, TEXAS, USA.
I MIGHT ADD THAT I MYSELF HAVE NEVER ONCE SPOKEN IN PERSON OR MET IN PERSON WITH
DR. SHEILA SHUNG----A FEMALE MEDICAL PHYSICIAN APPARENTLY OFFICIALLY AUTHORIZED BY THE TEXAS MEDICAL BOARD STATE AGENCY OF THE STATE GOVERNMENT OF TEXAS TO HERSELF PRACTICE MEDICINE IN THE U.S. STATE OF TEXAS---ON ANY OCCASION IN MY ENTIRE LIFE.
NOR HAVE I MYSELF EVER ON ANY OCCASION EVER ONCE STATED TO ANYONE THAT I MYSELF WILL OR WOULD EVER AT ANY TIME AUTHORIZE OR WILL OR WOULD AT ANY TIME PERMIT ANY "MEDICAL SERVICES" INVOLVING MYSELF AS THE RECIPIENT OF THOSE "MEDICAL SERVICES", FROM DR. SHEILA SHUNG OR ANY COLLEAGUE OR RELATIVE OR FRIEND OF HERS, OR FROM ANY MEDICAL CLINIC OR OTHER "MEDICAL SERVICES PROVIDER" AFFILIATED WITH DR. SHEILA SHUNG OR HER HUSBAND IN ANY MANNER OR ANY CONTEXT.
ONLINE FACTUAL ACCOUNTS ABOUT DR. SHEILA SHUNG, A CITED "INTERNAL MEDICINE" SPECIALIST, STATE THAT ONE OR MORE STAFF MEMBERS OR PHYSICIANS INSIDE HER OWN MEDICAL CLINIC IN ROUND ROCK, TEXAS, ARE ABLE TO SPEAK TO MEDICAL PATIENTS THERE IN "CHINESE" (EXACT QUOTE FROM THAT ONLINE ACCOUNT ABOUT DR. SHUNG'S MEDICAL CLINIC IN ROUND ROCK, WITH ROUND ROCK, TEXAS, ALSO BEING NOTEWORTHY AS A CENTRAL TEXAN TOWN SERVING AS THE HUB CITY FOR TEXAN BILLIONAIRE MICHAEL DELL'S COMPUTER-INDUSTRY EMPIRE).--- JKM)
_________
Item 7/ATTN: FBI AGENT BRYAN B., Austin FBI Office
me
To
Austin office Federal Bureau of Investigation San Antonio Div.
Apr 25, 2013
Dear FBI Agent Bryan B. of the FBI Office in Austin, Texas,
I would also like to call the FBI's attention to the following (below) surprising reply note I received from an official of the Austin Diocese of the Roman Catholic Church.
That reply note relates to the cited continuous felony-crimes case in which I am definitely the victim during my sleep inside my bolt-locked apartment unit at Wind River Crossing.
Sincerely and Best Wishes,
criminal-law complainant and crime victim John Kevin McMillan.
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
--- On Mon, 11/19/12, Christian Gonzalez wrote:
From: Christian Gonzalez
Subject: RE: my rights as a celibate single adult man
To: "'mcmillanj@att.net'"
Date: Monday, November 19, 2012, 10:52 AM
John,
Thank you for e-mailing the Diocese of Austin. The Church has no opinion on your personal housing or habitat.
Thanks,
Christian
Christian R. González
Director of Communications
Diocese of Austin
(512) 949-2456 O (Office phone number)
(512) 949-2523 F (FAX number)
St. Michael the Archangel, defend us in battle ...
St. Matthew, pray for us
St. Julian, pray for us
From: mcmillanj@att.net [mailto:website@austindiocese.org]
Sent: Monday, November 19, 2012 1:01 AM
To: website@austindiocese.org
Subject: my rights as a celibate single adult man
Website Contact Form Submission
Does the Roman Catholic Church Diocese in Austin, Texas, support the legal right of a single adult gentleman such as myself to myself sleep alone on a bed of mine inside a bolt-locked one-bedroom apartment unit I rent as the only approved tenant here---an apartment unit in which I never have any invited late-night guest after midnight, and I only rarely have any invited guest inside my apartment----without my being subjected to any alleged violations of my own privacy rights allegedly occurring inside my bolt-locked apartment unit by ANY individual or any group of individuals unbeknownst to me during periods in which I am, in fact, sleeping alone and lying unconscious on my bed. I am posing this question to your very influential Diocese in Austin partly because I've had possible indications in 2012 that one or more Catholic persons in the Austin area possibly do not fully support my own asserted legal right and human right to myself lead a completely celibate lifestyle on a 24-hour-a-day and year-round basis, including during any and all periods in which I am sleeping alone on my bed inside my bolt-locked apartment unit at Wind River Crossing Apartments in northwest Austin. Respectfully, John Kevin McMillan, home phone (512) 342-2295.
Sent from www.austindiocese.org
PIR# 09.11.10.10 - noise pollution damage to myself in Austin (2)
me
To
Gov'sOfficeAttyChelseaThornton window@cpa.state.tx.us pio@txdps.state.tx.us TWC Civil Rights Division Director Texas Dept of State Health Services Occupational Noise Levels Investigators and 4 more...
Nov 13, 2009
Dear Assistant General Counsel Thornton in the Office of the Governor and State Comptroller Combs,
Do each of you agree with the stated view (see below) of this Texas Commission on Environmental Quality (TCEQ) state agency representative, Mr. Jimmy Perry----who I assume is not related to our distinguished Governor, Rick Perry----that the TCEQ has no legal responsibility for enforcement of the law in regard to illegal and unwanted noise pollution in Austin that I never authorized, and that's been determined over a multi-year period by ENT medical specialist Dr. David Tobey of Austin to be significantly medically injurious to myself and to have inflicted a cited medical disability on myself, in Austin, Texas?
Do you also concur with that the TCEQ state agency that the Austin Police Department holds sole legal responsibility for enforcement of the law against any and all sources of noise pollution determined to be significantly injurious to myself, John Kevin McMillan, in Austin, Texas?
Finally, since the Austin Police Department has thus far declined to be helpful to me in this matter, is there any context in which some other state agency, such as the Texas Department of Public Safety, or Travis County Government, for that matter, can play a role in enforcement of the law in any context that terminates unwanted continuous and year-round noise pollution in Austin, Texas, that's determined to have been, and continues to be, significantly medically injurious to this particular law-abiding and gainfully employed single adult gentleman, John Kevin McMillan of Austin.
Thank you in advance for your helpful response to those three hopefully-polite follow-up questions from myself.
Sincerely and Best Wishes,
John Kevin McMillan of Austin.
Home phone: (512) 342-2295.
cc: Texas Workforce Commission Officials, Austin.
Texas Department of State Health Services legal complaints office.
Texas Department of Aging and Disability Services General Counsel Owens.
United States Department of Labor, Washington, D.C.
John Kevin McMillan
--- On Fri, 11/13/09, Jimmy Perry wrote:
From: Jimmy Perry
Subject: PIR# 09.11.10.10 - noise pollution damage to myself in Austin
To: "John McMillan"
Date: Friday, November 13, 2009, 10:29 AM
Dear Mr. McMillan :
The TCEQ received your electronic communication dated November 10, 2009 directed to the Open Records Team among others. The communication is in fact, a series of questions which relate in large measure to information the Agency has no jurisdiction over. It is not a communication which triggers the provisions of the Public Information Act (PIA).
It is implicit in several provisions of the PIA that the act applies only to information then in existence within an agency's files. Moreover, the act does not require a governmental body to prepare answers to questions such as those you pose, or do what amounts to legal research. We decline your request to do either of these.
Reference was made in an earlier email that the City of Austin is a probable Agency in enforcing the City of Austin noise ordinance. Contact should be made to the City of Austin.
No documents where provided regarding your request since none exist.
Sincerely,
Jimmy Perry
TCEQ Open Records Team
>>> John McMillan 11/12/2009 4:21 PM >>>
Dear TCEQ Open Records coordinator Perry,
Thank you for your reply note (see below).
Will you at least be willing to state for me whether your State of Texas agency is going to refer to another agency or institution my complaint with you about noise pollution in Austin, including at the workplace, having been and being significantly medically injurious to myself?
Also, would you please confirm for me via E-mail or mail that the E-mail response you sent me in response to my November 10, 2009, Open Records request was a complete and comprehensive response providing me with any and all documents or other items responsive to that Open Records request?
Thank you in advance for your response to these two final follow-up questions at this time.
Sincerely,
John Kevin McMillan of Austin, Texas.
cc: Travis County District Attorney Rosemary Lehmberg.
Texas Workforce Commission Civil Rights Division Director Robert Gomez and his very helpful and alert investigative staff.
Texas Department of State Health Services Noise at the Workplace Investigators.
State Rep. Donna Howard, who helpfully wrote and mailed to me an official Texas Legislature reply letter to me about this matter, a signed official letter I received today in the mail, in which Rep. Donna Howard kindly cited the option for me of my consulting an attorney member of the State Bar of Texas for legal-services assistance on my own behalf that would help to fully protect me from my being subjected at any workplace of mine to constant and continuous noise pollution of a certain type that features non-stop anonymous verbalized communications other than a background "music" system.
State Bar of Texas Executive Director Michelle Hunter, whose State of Texas agency has repeatedly referred me to the Lawyer Referrral Service of Central Texas, with that Lawyer Referral Service most recently advising me to contact the Texas Workforce Commission Civil Rights Division about alleged constant and year-round noise pollution at the workplace in a context that's violative of my own privacy rights.
Texas Department of Regulation and Licensing.
National Organization on Disability.
Texas Department of Aging and Disability Services General Counsel Owens.
John Kevin McMillan
--- On Thu, 11/12/09, Jimmy Perry wrote:
From: Jimmy Perry
Subject: Re: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: "John McMillan"
Date: Thursday, November 12, 2009, 2:13 PM
Mr. McMillan,
TCEQ receives and investigates thousands of environmental complaints each year. However, TCEQ has no jurisdiction over “noise pollution.” As such we do not investigate, nor do we keep track of the numbers of these types of complaints we receive and/or refer.
The City of Austin may have a noise ordinance. We recommend that you contact the City of Austin by dialing 3-1-1. The following link will direct you to the City of Austin website.
http://www.ci.austin.tx.us/
Sincerely,
Jimmy Perry
TCEQ Open Records
>>> John McMillan 11/11/2009 1:47 AM >>>
Dear Mr. Perry at the Texas Commission on Environmental Quality state agency in Austin,
Thank you for your prompt response to my November 10-dated public information request (see below).
Three respectful follow-up questions for you:
(1) Since my public-information request specifically excludes letters or complaints from myself (John Kevin McMillan) to your State of Texas agency, can you tell me at this time whether your state agency has any record of any letter or document or other item from anyone OTHER than myself, and that refers to noise pollution in my own life circumstances in Austin, including at various workplaces of mine through the years, being medically injurious to myself in Austin, Texas.
(2) Why does your reply letter to me (below) indicate that your state agency accepts noise pollution complaints from private citizens, but then add that your State of Texas environmental-protection agency based in Austin, Texas, has no jurisdiction over ANY violations of the law involving noise pollution?
(3) Can my November 10, 2009-dated public-information request to your state agency serve as an official citizen complaint from myself being filed with your TCEQ state agency relating to noise pollution in my own life in Austin, Texas, that I did not cause or authorize or generate, having been over a multi-year and multi-decade period significantly medically injurious to myself in Austin, Texas?
Thank you in advance for your helpful response to each of these three follow-up questions from myself.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
cc: Mr. Don Field, Public Information Officer, Austin Police Department.
Texas Attorney General Gregory Abbott, Office of the Attorney General state agency, Austin, Texas.
Travis County District Attorney Rosemary Lehmberg, DA's Office, Austin.
Travis County County Attorney David Escamilla, County Attorney's Office, Austin.
City of Austin City Attorney David Smith, City of Austin, Austin, Texas.
City of Austin City Manager Marc Ott, Office of the City Manager, City of Austin.
Texas Department of Public Safety state agency officials, Austin, Texas.
Texas Workforce Commission Civil Rights Division Director Robert Gomez and his investigative team.
Harvard University Medical School officials, Cambridge, Mass., it being my hope that the pervasive injuriousness to honorable and law-abiding human beings such as myself from their being subjected against their wishes to continuous noise pollution over a multi-year or multi-decade period, including at the workplace, would pose a major concern to Harvard University.
Federal Communications Commission, Washington, D.C.
State Bar of Texas General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin.
Texas Governor Rick Perry and Assistant General Counsel Chelsea Thornton, who might both be very disappointed to learn from the Texas Commission on Environmental Quality state agency in Austin, that it claims to have no legal authority whatsoever over government-ordered termination or cessation of year-round and continuous noise pollution determined to be significantly medically injurious to a law-abiding and honest and very honorable and consistently civil, single adult male resident of Austin, Texas, such as myself, John Kevin McMillan of Austin.
U.S. Environmental Protection Agency, both in Washington, D.C., and the EPA's regional office in Dallas.
Dallas County District Attorney's Office, the regional office of the EPA being based in Dallas, Texas.
Harris County District Attorney's Office, Houston.
State Senator Kirk Watson of Austin, Senator Watson being a former Mayor of Austin and a distinguished attorney member of the State Bar of Texas. Senator Watson is my duly elected state senator from the Austin area.
United States Department of Commerce officials, Washington, D.C.
Centers for Disease Control, U.S. Government, Atlanta, Georgia.
State Rep. Donna Howard, who through her legislative career has sought to protect and help strengthen the medical health of all of her civil and law-abiding Austin-area constituents, I among those civil and law-abiding constituents of hers.
U.S. Department of Health and Human Services, Washington, D.C.
Texas Department of Licensing and Regulation officials, Austin, Texas.
Texas Department of Insurance officials, Austin, Texas.
Travis County Health and Human Services Director Sheri Fleming.
City of Austin public information coordinator Linda Rivera.
Austin Mayor Lee Leffingwell, whose office has expressed concern to me on the telephone about noise pollution in Austin that's significantly injurious to myself.
U.S. Department of Justice officials, Washington, D.C.
Texas Department of State Health Services state agency, Austin, Texas.
State Senator Jeff Wentworth, chairman of the Senate Committee on Jurisprudence, Texas Legislature.
John Kevin McMillan
--- On Tue, 11/10/09, WWW - OPENRECS wrote:
From: WWW - OPENRECS
Subject: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: "John McMillan"
Date: Tuesday, November 10, 2009, 3:24 PM
Mr. McMillan,
The following response was provided by the TCEQ Region 11 office here in Austin, "We have no record of complaints from this individual. Further, this agency has no jurisdiction in his allegations of "noise pollution."
Sincerely,
Jimmy Perry
TCEQ Open Records Team
>>> John McMillan 11/10/2009 2:29 AM >>>
Public Information Officer,
MC 197,
Texas Commission on Environmental Quality state agency,
State Government of Texas,
12100 Park 35 Circle,
Austin, TX 78753,
Or: Texas Commission on Environmental Quality
Attn: Public Information Officer, MC 197
P.O. Box 13087
Austin, Texas 78711-3087
Office phone: (512) 239-0800
FAX: 239-OPEN (6736).
November 10, 2009
Dear Open Records officials for the Texas Commission on Environmental Quality state agency in Austin,
This is a Texas Open Records request in which I seek to obtain from your State of Texas agency a photocopy or printout of any and all documents or memoranda or computer records or letters or notes or reports or messages generated at any time since January 1, 2000, including on November 9, 2009, and that, in each and every such case, specifically refers to reports or correspondence or rumors or speculations or conclusions or findings or opinions or legal actions or public-policy actions relating to or about the continuous and year-round noise pollution in Austin, Texas, that specifically, in each such case, was cited in that particular context as having specifically caused or as being the specific cause of, or that specifically was cited in that particular context as being expected to possibly cause or definitely cause, significant and permanent damage to the hearing capacity and medical health of myself, John Kevin McMillan of Austin.
Specifically EXCLUDED from the scope of this particular Open Records request are any and all letters or E-mail correspondence that was or were solely written by myself.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social security number is....
I have resided in Austin proper on a continuous basis ever since mid-March of 1997. I am a lifelong single gentleman, and I have resided alone in northwest Austin ever since January of 2002.
In the period since January 1, 2000, I have resided at the following addresses in Austin proper:
---2518 Leon Street, Apt. 101, Austin, Texas, 78705 (an apartment complex situated a few blocks from UT-Austin's campus) for all of 2000 and until August of 2001;
---11411 Research Boulevard, Apt. 1638, Austin, Texas, 78759, from August 2001 until January of 2002;
---11411 Research Boulevard, Apt. 325, Austin, Texas, 78759, from January 2002 until the present.
My personal E-mail addresses in the period since 2000 have been: mcmillanj@att.net and jkmcmil@texas.net .
One biological relative of mine, Mrs. Julie McMillan Lechtenberger, who is married to a highly-esteemed Houston-area attorney, Mr. Joseph Dean Lechtenberger, has herself repeatedly informed me over a multi-decade period, both on the telephone and in person, that she has herself actually heard anonymous background "voices" in my own presence----the source or origin of which she herself has never been able to identify, she informed me this year on the telephone----whenever Mrs. Julie McMillan Lechtenberger has observed me in person over the last many years.
One Austin-based ear, nose, and throat specialist, Dr. David Tobey, who has examined me in person inside his ENT medical clinic in northwest Austin on several occasions since 2005, emphatically stated to me in person during an ENT medical exam of myself on April 21, 2009, that Dr. Tobey is very sure that the noise pollution-inflicted permanent damage to my own hearing capacity over a multi-year period in Austin, Texas, was not caused by myself, nor was it authorized by myself or generated by myself, Dr. Tobey helpfully emphasized to me, including during that April 21 medical appointment I had with him.
Dr. David Tobey also informed me during that April 21, 2009, ENT medical examination of myself that the magnitude of the permanent damage to my own hearing capacity and medical health from noise pollution inflicted on me against my own wishes in Austin, Texas, over a multi-year period---including at several workplaces of mine, Dr. Tobey has repeatedly emphasized to me----has been comparable to what a municipal police officer sustains over the course of his entire career, Dr. Tobey stated to me during that April 21, 2009, medical appointment he had made with me.
Dr. David Tobey on June 3, 2009, signed a statement citing me as having myself sustained a "medical disability" in Austin, Texas, specifically involving permanent damage to my own hearing capacity. "High frequency sensorineural hearing loss causing tinnitus and sensitivity to loud sounds in some work environments," Dr. Tobey noted in that "disability documentation" signed statement on my own behalf.
One former roommate of mine in Austin who had roomed with me for about eight months in 2000, himself a University of Texas at Austin Classics Department faculty member in the year 2005, for instance, did state to me on the telephone on my birthday of April 27 in the year 2005, this during a polite phone call I made to his UT-Austin office from my rental apartment in northwest Austin, that he himself hoped that the cited "noise pollution" (exact quote) I again had complained about to that UT-Austin faculty member that day, would itself be terminated very soon, that self-identified native of Italy stated to me in that brief April 27 of 2005 phone conversation we had.
Thank you in advance for your prompt and very thorough and reliable response to this Open Records request from myself.
Sincerely,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
Blog: http://www.johnkevinmcmillan.blogspot.com
cc: Environmental Protection Agency officials in Dallas, Texas, care of attorneys for the national headquarters office for the U.S. Government's EPA.
Center for Diseases Control in Atlanta, Georgia.
General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin, Texas.
United States Department of Justice officials, Washington, D.C.
Texas Department of State Health Services.
Texas Department of Health and Human Services, care of the State Comptroller of Texas state agency in Austin.
U.S. Department of Health and Human Services, Washington, D.C.
(EDITOR'S NOTE: The following is the exact verbatim text of the December 16, 2014, signed three-page official legal letter from Attorney General of Texas Greg Abbott that contains a ruling that relates to a public-information request from myself, John Kevin McMillan.
Please note that this ruling by Attorney General Abbott of Texas marks the second occasion in recent months that I can currently recall in which Mr. Abbott's public law office of the State Government of Texas has chosen not to ever cite myself, the public-information requestor, by name, in any portion of an official signed legal letter containing a ruling on documents responsive to a public-information request that I myself had submitted to a government-owned agency in Texas.
On Dec. 16, 2014, the Attorney General of Texas mailed to myself, John Kevin McMillan of Austin, a hard copy of the following three-page signed legal letter from that State of Texas agency in Austin, Texas, USA. I received that legal letter from the Attorney General of Texas in my U.S. Postal Service mail delivery of Wednesday, December 17, 2014, to my mailbox at the apartment complex where I reside.
All of the documents that were sought from me in the cited public-information request from myself related to a Travis County District Attorney's Office Public Integrity Unit preliminary possible crime case in which I myself, John Kevin McMillan, was the criminal-law complainant against one or more employees or officers of the Austin Police Department of the City Government of Austin in Austin, Texas, USA.
No official criminal-law complaint identification number was ever at any time assigned to that preliminary possible crime case, according to what I was repeatedly informed in writing by officials of the Travis County District Attorney's Office Public Integrity Unit here in Austin. Instead, a very tentative and "in-house" identification number was assigned to my own civilly-worded legal complaint against one or more employees of the Austin Police Department, according to Travis County District Attorney's Office Public Integrity Unit officials here in Austin.)
__________________
December 16, 2014
Ms. Elizabeth Hanshaw Winn
Assistant County Attorney
County of Travis
P.O. Box 1748
Austin, TX 78767
(RE:) OR (Open Records) 2014-22836
Dear Ms. Winn:
You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 547142.
The Travis County District Attorney's Office (the "district attorney's office") received a request for information pertaining to the requestor. You claim the submitted information is excepted from disclosure under sections 552.108 and 552.111 of the Government Code. We have considered the exceptions you claim and reviewed the submitted representative sample of information.(footnote 1)
((FOOTNOTE 1 EXACT VERBATIM TEXT:) We assume that the "representative sample" of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of any other requested records to the extent that those records contain substantially different types of information than that submitted to this office.))
Initially, we note the submitted information is subject to section 552.022 of the Government Code. Section 552.022(a) provides, in relevant part:
(a) [T]he following categories of information are public information and not excepted from required disclosure unless made confidential under this chapter or other law:
(1) a completed report, audit, evaluation, or investigation made of, for, or by a governmental body, except as provided by Section 552.108[.]
Gov't Code 552.022(a)(1). The submitted information is part of a completed investigation that is subject to section 552.022(a)(1). Thus, the district attorney's office must release the submitted information pursuant to section 552.022(a)(1) unless it is excepted from disclosure under section 552.108 of the Government Code or is made confidential under the Act or other law. See id. You seek to withhold the information subject to 552.022(a)(1) under section 552.111 of the Government Code. However, section 552.111 is discretionary in nature and does not make information confidential under the Act. See Open Records Decision Nos. 665 at 2 n.5 (2000) (discretionary exceptions generally), 663 at 5 (1999) (waiver of discretionary exceptions), 470 at 7 (1987) (statutory predecessor to section 552.111 subject to waiver). Therefore, the information subject to section 552.022(a)(1) may not be withheld under section 552.111 of the Government Code. However, as information subject to section 552.022(a)(1) may be withheld under section 552.108 of the Government Code, we will consider your argument under section 552.108 for the submitted information.
Section 552.108(a)(2) of the Government Code excepts from disclosure information concerning an investigation that did not result in conviction or deferred adjudication. See Gov't Code 552.108(a)(2). A governmental body claiming section 552.108(a)(2) must demonstrate the requested information relates to a criminal investigation that has concluded in a final result other than a conviction or deferred adjudication. See id. 552.301(e)(1)(A) (governmental body must provide comments explaining why exceptions raised should apply to information requested). You state the submitted information relates to a concluded investigation that did not result in conviction or deferred adjudication. Based on your representation and our review, we find section 552.108(a)(2) of the Government Code is applicable to the submitted information. Accordingly, the district attorney's office may withhold the submitted information under section 552.108(a)(2) of the Government Code.
This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.
This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning these rights and responsibilities, please visit our website at http://www.texasattorneygeneral.gov/open/orl_ruling_info.shtml, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act may be directed to the Office of the Attorney General, toll free, at
(888) 672-6787.
Sincerely,
Cristian Rosas-Grillet
Assistant Attorney General
Open Records Division
CRG/cbz
Ref. ID# 547142
Enc. Submitted documents
c. Requestor
(w/o enclosures)
___________
(EDITOR'S NOTE: THE FOLLOWING IS THE EXACT VERBATIM TEXT OF MY SEPTEMBER 26, 2014, TEXAS OPEN RECORDS E-MAIL REQUEST TO THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE IN AUSTIN, TEXAS, USA, THAT PROMPTED THE TRAVIS COUNTY ATTORNEY'S OFFICE ON BEHALF OF THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE TO SUBMIT A FORMAL REQUEST IN WRITING TO TEXAS ATTORNEY GENERAL GREGORY ABBOTT THAT HE GRANT THE DA'S OFFICE IN AUSTIN OFFICIAL PERMISSION TO WITHHOLD FROM MYSELF AND THE GENERAL PUBLIC NUMEROUS CITED LEGAL DOCUMENTS THAT WERE, IN FACT, RESPONSIVE TO THE FOLLOWING PUBLIC-INFORMATION REQUEST FROM MYSELF.---JKM)
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Friday, September 26, 2014 1:06 AM
To: Nicole Waggoner; Dallas City Attorney's Office; U.S. Attorney's Office Western District of Texas; Federal Bureau of Investigation San Antonio Div. Austin office; rangers@dps.texas.gov; rangers@txdps.state.tx.us; Jesse Valdez; Attorney General of TX Criminal-Law Division Captain Gregory Lucas; KEYE Investigative Reporter Adam Asracusin; CBS News '60 Minutes' Editors and Reporters; KEYE TV Pedro Garcia; Fox 7 (Austin TX) TV News; investigates@kxan.com; news@statesman.com; Bennie DiNardo Boston Globe; Miami Herald Letters to Editor; DMN Editor Bob Mong; DMN State Editor Mark Edgar; Dallas Morning News Reporter Christy Hoppe; Austin Chronicle Editors; Center for Investigative Reporting; Journal of Crime and Justice; U.S. Department of Homeland Security; U.S. Dept of Justice; public.information@texasattorneygeneral.gov; Sunset Valley Police Dept. Lt. Richard Andreucci; David Escamilla; City Attorney Karen Kennard City of Austin (TX); Austin Police Association; Michael Lasorsa; Sam Biscoe
Subject: 9-26-14 DA's Office Open Records re: PIU Case 9655-13
September 26, 2014
Dear Travis County District Attorney's Office Open Records Coordinator Waggoner,
This is a Texas Open Records request in which I seek to obtain from you a photocopy or copy or printout of the text of any and all phone messages, the text per se of any and all voice-mail recorded statements, any and all e-mail notes or E-mail letters, letters, findings, and other documents that were each obtained by or received by or sent to or sent by or mailed by or generated by or compiled by the Travis County District Attorney's Office Public Integrity Unit (PIU) in connection with a possible or actual criminal-law case in which I myself, John Kevin McMillan of Austin, was a cited criminal-law complainant------a PIU case that was originally identified with the tentative in-house identification number of 9655-13.
EXCLUDED from the scope of this public-information request are any and all e-mail letters or letters or voice-mail messages or phone messages or other items that were submitted by or E-mailed by or FAXED by or mailed by myself, John Kevin McMillan, or that were already received by or sent to or provided to left for myself, John Kevin McMillan of Austin, in connection with the cited possible Travis County DA's Office Public Integrity Unit case.
Travis County District Attorney's Office Public Integrity Unit Sergeant Investigator Lori Carter was the cited investigator for the possible PIU case to which I refer. Travis County Assistant District Attorney Rob Drummond of your Public Integrity Unit served as the prosecuting attorney for that case.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social security number is: ..... I am a lifelong single gentleman. I am also a longtime celibate-by-choice adult white non-Hispanic gentleman of English, Scottish, and German ancestry.
I lead a permanently alcohol-free and always-sober and platonically polite lifestyle in which I never consume any tobacco product or any marijuana or any other illicit drug. I might add that I have not consumed any quantity of drinking alcohol on any occasion since the late summer of 1990. I have never consumed any tobacco product on any occasion in my entire life. I have never consumed any quantity of marijuana on any occasion since the late fall of 1984. I have never consumed any illicit drug other than marijuana on any occasion in my entire life.
I have been completely and fully celibate throughout any and all of my own conscious or waking hours ever since and including the date when I moved into my current apartment unit, Apartment 325 at Wind River Crossing Apartments in northwest Austin, in January of 2002.
I am a certified direct descendant of the Rev. William Brewster, who himself served as head chaplain on the Mayflower. Rev. Brewster also served the first full-term Puritan Governor of what is now the U.S. state of Massachusetts.
I have resided at 11411 Research Boulevard, Wind River Crossing Apartments, Building 3, Apartment 325, on a continuous and uninterrupted basis ever since January of 2002. Wind River Crossing Apartments are reportedly owned and managed by the nationwide for-profit realty corporation Westdale, which is reportedly headquartered in Dallas, Texas.
Thank you in advance for your prompt and thorough and very diligent and authoritative reply letter providing me with any and all responsive documents.
In that regard, please let me know as soon as possible if you anticipate that the total administrative processing fee you plan to charge me on this might exceed $10. That information from you would enable me to consider narrowing the scope of this public-information request in order to limit my own expenses on this to no more than $10.
Sincerely and Best Wishes,
John Kevin McMillan.
11411 Research Boulevard, Wind River Crossing, Building 3, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
----- Forwarded Message ----
From: John McMillan
To: lpc@dshs.state.tx.us; State Rep. Donna Howard ; APD Open Records Coordinator Don Field ; Texas Attorney General Open Records ; "Governor's Office of Texas, Open Records Administrator" ; StateSenatorKirkWatson ; Travis County District Attorney Rosemary Lehmberg ; Texas DPS Director Lamar Beckworth ; CountyAttorneyDavidEscamilla ; StateComptrollerSusanCombs ; Civil Rights Office Texas Health Human Services Commission ; U.S.Dept.ofJustice ; FBI National Academy Officials
Sent: Mon, September 19, 2011 5:06:43 PM
Subject: 9-19-11 question for the State Board of Examiners of Professional Counselors
To: Officials of the Texas State Board of Examiners of Professional Counselors of the Texas Department of State Health Services state agency of the State Government of Texas in Austin.
Your state board's office phone number: (512) 834-6658.
September 19, 2011
I am writing to your authoritative Texas State Board of Examiners of Professional Counselors to pose one hopefully-polite and very important question.
Does state law in Texas (or any other applicable law of which you are aware, for that matter) permit any psychiatrist or any psychologist or any social worker or any other mental health professional operating anywhere in Texas to sponsor or authorize or order any form of sexual activity or sexual penetration involving a Texan resident that occurs in a context that violates the privacy rights of a Texan "client" or Texan "patient" or a Texas resident being subjected to that sex, or that occurs in a context that subjects a Texan resident to sex or sexual penetration of himself or herself in a context that he or she has directly stated he or she DOES NOT want, and that he or she does, in fact, in a law-abiding and civil manner OPPOSE.
Sincerely,
John Kevin McMillan, a current criminal-law complainant with the Austin Police Department in Austin, Texas.
My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com
cc: State Rep. Donna Howard, with a special thank you to Eleanor of Rep. Howard's staff for discussing this issue with me today on the telephone.
__________
(EDITOR'S NOTE: BELOW IS A FOLLOW-UP LETTER I WROTE AND SENT TO MY DULY ELECTED STATE LAWMAKER, STATE REPRESENTATIVE DONNA HOWARD, IN WHICH I MENTIONED THAT THE STATE OF TEXAS BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS HAD NOT SENT ME ANY REPLY LETTER IN RESPONSE TO MY SEPTEMBER 19, 2011, E-MAIL LETTER I WROTE AND SENT TO THAT STATE GOVERNMENT OF TEXAS AGENCY. --- JKM)
----- Forwarded Message ----
From: John McMillan
To: State Rep. Donna Howard Constituent Services Dr. Scott Daigle ; State Rep. Donna Howard ; AMA Council on Ethical&JudicialAffairs ; AMA Council on Science and Public Health ; AMA Foundation Exec Dir Churchill ; TexasMedicalAssociation ; Massachusetts Medical Society (Waltham) ; Travis County Medical Society ; University of Texas Medical Branch-Galveston ; UT-AustinAssocLegalVPLeeSmith ; Texas Monthly Story-Assignments Editor John Broders ; DMN Editor Bob Mong ; "Governor's Office of Texas, Open Records Administrator" ; Civil Rights Office Texas Health Human Services Commission ; State Bar of Texas Exec. Dir. Michelle Hunter ; CountyAttorneyDavidEscamilla ; Travis County District Attorney Rosemary Lehmberg ; APD Open Records Coordinator Don Field ; StateComptrollerSusanCombs ; Texas Department of Health and Human Services Ombudsman ; Texas Dept of State Health Services Privacy Officers ; TX Dept of State Health Services Legal Complaints ; Texas DPS Director Lamar Beckworth ; TDCJ General Counsel Rep. Patricia Fleming ; TDCJ Employee Relations Intake Officer ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; U.S. Dept of Justice ; Office of the Attorney General of Texas Crime Victims Assistance Office ; "Anti-Stalking Resource Center, Natl Center for Victims of Crime" ; National Center for Victims of Crime ; "City Attorney's Office, Austin, TX, Julie Brossette, Asst. to City Attorney" ; CityManagerMarcOtt ; Council Member Chris Riley ; Council Member Sheryl Cole ; Council Member Bill Spelman ; Council Member Chris Riley ; Council Member Mike Martinez ; CountyCommissionerSarahEckhardt ; CountyJudgeSam Biscoe ; ACLU of Texas ; Texas A&M Asst. Vice Chancellor David Rejino ; U.S. Marshals Service (Justice Dept.) ; ABA Fund for Justice and Education ; Carter Center for Human Rights ; USDeptofHealthHuServicesCivilRightsOffice
Sent: Wed, September 21, 2011 1:26:03 PM
Subject: Fw: 9-19-11 question for the State Board of Examiners of Professional Counselors
To: Scott Daigle, Director of Constituent Services, and State Rep. Donna Howard of the Texas Legislature.
Dear Scott and Rep. Howard,
I have not received any reply letter from the following State of Texas agency in response to the following E-mail letter I wrote and sent that posed a very reasonable question to that State of Texas agency.
As a law-abiding and gainfully employed single adult male constituent of Rep. Howard, I would appreciate any assistance on this that you are willing to offer me in eliciting a signed reply letter from that State of Texas agency.
Sincerely and Best Wishes,
John Kevin McMillan, a current criminal-law complainant with the Austin Police Department in Austin, Texas, who has myself repeatedly and over a multi-month period, including in September 2011, complained to the Austin Police Department in the period ever since April 28, 2011, in particular, that one or more persons unbeknownst to myself have or has allegedly and repeatedly broken into my apartment unit in an illegal manner on their part and have or has allegedly subjected me to alleged forcible sodomy and alleged sexual molestation of myself and alleged physical abuse of myself and alleged physical torture of myself ---often disruptive of my deep sleep or REM sleep, and causing me to wake up with a sensation of pain in my anus in the middle of my deep sleep period---- during my nocturnal sleep at a time when I was completely unconscious and probably snoring while sleeping alone without any invited guest inside my bolt-locked and fully locked one-bedroom apartment unit in northwest Austin.
Ever since early June 2011, most recently, I have been the only individual authorized in my lease agreement with the first-rate Wind River Crossing apartment management team to reside inside my one-bedroom apartment unit at Wind River Crossing.
My only previous roommate at this apartment unit, a self-identified Indonesian citizen, moved out in late May 2011 after living with me ever since mid-April, and his name was permanently removed from the lease agreement for this apartment unit.
The Austin Police Department thus far has refused on any occasion since April 29, 2011, to do any additional DNA medical testing on my anal cavity or anus in connection with the alleged violations of my privacy rights comprising an alleged and very flagrant sex crime on the part of the perpetrator of that alleged crime.
I wish to politely emphasize that I lead a completely and permanently illicit-drug-free, marijuana-free, tobacco-free, and alcohol-free lifestyle, in the complete absence of any prior addiction to any of those substances on my part. I have not had any invited overnight guests per se or any invited early-morning guests per se inside my apartment unit on any occasion in the entire period since I moved into this apartment unit in January 2002. I have always slept alone on a bed that I own throughout the entire period since I moved into this one-bedroom apartment unit in Austin, Texas, in January 2002.
My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
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