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On Wednesday, March 11, 2015 10:07 AM, OPENRECS wrote:
Mr. McMillan,
Please find attached an addendum letter regarding your request for Open Records requested on 3/2/2015 and received by the Agency on 3/3/2015.
Sincerely,
Jimmy Perry
TCEQ Open Records Team
___________________
Bryan W. Shaw, Ph.D., Chairman
Toby Baker, Commissioner
Zak Covar, Commissioner
Richard Hyde, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000
Internet address: www.tceq.texas.gov
March 11, 2015
Via E-Mail: mcmillanj@att.net
Mr. John Kevin McMillan
11411 Research Boulevard, Apt. 325
Austin TX 78759
Re: obtain from you a copy or photocopy or computer printout of any and all letters, reports, memoranda, etc.
TCEQ Public Information Request number PIR# 15-20857-PIR
Dear: Mr. McMillan
This letter is intended as an Addendum to our letter dated March 3, 2015. Upon review of TCEQ documents, additional files have been located in connection with your request and the agency has determined that a portion of the information is publicly available, under the Texas Public Information Act (the Act), Texas Government Code Chapter 552. The TCEQ, however, believes that some of the information you requested may be excluded from disclosure under the Act.
Therefore, the agency’s Legal Division is requesting an opinion from the Attorney General to determine whether that information must be released, under section 552.301 of the Act, and will promptly provide you with additional information regarding that referral.
If you have any questions concerning this matter, you may contact me at (512) 239-3282 or by email at openrecs@tceq.texas.gov.
Sincerely,
Jimmy Perry
Customer Service Rep. IV
Information Resource Division / MC197
_______________
(EDITOR'S NOTE: THE FOLLOWING IS THE EXACT TEXT OF MY MARCH 2, 2015-DATED PUBLIC INFORMATION REQUEST THAT I WROTE AND SENT THAT DAY TO THE CORRECT OFFICIAL E-MAIL ADDRESS of openrecs@tceq.state.tx.us
FOR THE PUBLIC-INFORMATION COORDINATOR OF THE "TEXAS COMMISSION ON ENVIRONMENTAL QUALITY" STATE AGENCY IN AUSTIN, TEXAS. --- JKM).
3-2-15 Texas Commission on Environmental Quality Open Records
me (John Kevin McMillan at my personal e-mail address of mcmillanj@att.net )
To(:) openrecs@tceq.state.tx.us StateComptrollerSusanCombs Texas Rangers Division of DPS City Attorney Karen Kennard City of Austin (TX) U.S. Attorney's Office Western District of Texas david.escamilla@traviscountytx.gov Texas DPS Office of General Counsel
March 2, 2015
To: Open Records Coordinator for the Texas Commission on Environmental Quality state agency.
Street address: 12100 Park 35 Circle, Austin, Texas, 78753.
Office phone: (512) 239-6731.
Dear TCEQ Open Records Coordinator,
This is a Texas Open Records request in which I seek to obtain from you a copy or photocopy or computer printout of any and all letters, reports, memoranda, e-mail correspondence, handwritten notes, FAXed communications, or any other legal documents that each refer at least once in any manner to myself, John Kevin McMillan of Austin, Texas, and that, in addition, at any time during the four-year period ever since and including March 1, 2011, were compiled by or received by or sent by or forwarded by or mailed by or written by any staff member or official or attorney---including the General Counsel of your state agency---who, in each and every such case, is himself or herself employed in either the Office of General Counsel of your state agency in Austin or the Office of Legal Services of your Texas Commission on Environmental Quality state agency in Austin.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social-security number is:... (the correct ID number for myself is cited in the text of this public-information request from myself).
I am a lifelong single white gentleman. I lead a lifestyle in Austin that is permanently illicit-drug-free and permanently marijuana-free, permanently alcohol-free, lifelong-tobacco-free, permanently-facially-cleanshaven (no beard, no mustache, no goatee, etc.), and dependably civil and law-abiding and honest and vigilant.
In the late 1990s (?), I received a signed official state agency letter from then-State Comptroller Carole Strayhorn in which she praised me in writing for my contributions to the state of Texas, Mrs. Strayhorn emphasized in that friendly letter from your State of Texas agency in Austin.
I myself am gainfully employed in Austin and work a combined total of six days per week in three different restaurant-industry workplaces for myself in Austin.
I 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.
I have most recently resided in Austin, Texas, on a continuous and uninterrupted basis ever since mid-March 1997.
I have resided at 11411 Research Boulevard, Wind River Crossing, Building 3, Apartment 325, Austin, Texas, 78759, ever since January 2002.
Wind River Crossing Apartments are reportedly owned and managed by Westdale, a nationwide for-profit realty corporation headquartered in Dallas, Texas.
I hope to hear from you soon in response to this public-information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan.
My home address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
My home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
---Did your own current roommate previously (this in two separate preliminary interviews you conducted with him in a recent prior year inside a nearby Schlotzsky's corporate-owned restaurant in Austin when he met with you as a prospective applicant to room with you that day after he had responded in writing to a polite Craigslist online roommate-wanted ad of yours) emphatically and repeatedly state to you that he would immediately call the police for you, if you agree to room with him and his application to room with you is approved by your apartment management team, in any future scenario in which he ever at any time observes any possible factual evidence of any possible intruder or trespasser at or inside your rental apartment unit----
only to then, weeks after he has moved into your rental apartment unit as an official apartment-management-team-approved tenant who had reportedly passed his criminal-background check in order to become your own one total official strictly-platonic roommate, emphatically and repeatedly himself state to you that he would NEVER call 911 to report any evidence he ever observes at any time of any intruder or trespasser situated inside your apartment unit, with his cited explanation being that "I (that roommate) would just stab the intruder myself (that roommate), since I maintain that state law in Texas gives me (that roommate) the absolute legal right to do that, and I'm (that roommate) very sure that the prosecuting attorney for this county, Rosemary Lehmberg, and our city's police chief, Art Acevedo, will definitely back me (that roommate) up on that!"?
---Did your own current roommate during the prior period when he was being interviewed by you inside a nearby restaurant as a prospective new roommate for yourself, suddenly in the middle of that interview ask you with very apparent anxiety and emphasis in his tone of voice and demeanor, "Are you a detective?"
---Did your current roommate ever very dramatically state to you from the living room of your rental apartment unit, "I (your roommate) wish I could drive a nail into your skull in order to get the message across to you, once and for all, that THERE ARE NO INTRUDERS IN YOUR BOLT-LOCKED BEDROOM WHERE YOU ALWAYS SLEEP ALONE ON YOUR OWN BED, AND YOU ARE THE ONLY PERSON EVER INSIDE YOUR BEDROOM DURING YOUR SLEEPING HOURS!"
---Does your own current roommate emphatically state to you that one of the infrared-came photographs obtained for yourself from inside your own bolt-locked private bedroom that you politely showed to him inside the living room area, appears to show someone other than yourself, with your own roommate then adding, "That's not an intruder, however, and was instead an evil spirit that was caught in your photo image!"
---Does your own current roommate state to you that "I (your roommate) hate all homosexuals!" with himself also stating in that very same conversation you had with him in the living room that "I (your roommate) consider you to be a repressed homosexual, since you have several posters on display in your bedroom that highlight younger male adult athletes in athletic attire and fully attired younger male adult Hollywood actors, and I consider those to be 'homoerotic' in nature," with your own roommate also noting with emphasis that "I (your roommate) have never once seen you invite anyone into your own bedroom during your bedtime hours, with the sole exception of on-duty male and female Austin-Travis County Emergency Medical Services (EMS) medical staff employees and on-duty male and female Austin Police officers when made 911 calls seeking a forensic medical anal-rape-evidence exam or other non-psychiatric medical exam on yourself"?
----Does your own current roommate provide you with a signed handwritten statement about himself that cites a "birthdate" for himself that you later learn differs significantly from what the same "roommate" weeks later states aloud in your presence to a municipal law-enforcement officer on a day when that roommate of yours is asked by that police officer in the living room of your apartment unit to state the former individual's "birthdate" in your presence?
---Does your own current roommate repeatedly state to you that he he is not willing to cite any primary ancestral heritage identity for himself, since "I'm Heinz 57," he states, with himself then adding that "I'm part-Irish and I'm part-German" and himself also adding that "I (that roommate) may possibly have some Jewish ancestry" and then, weeks later, himself reversing himself on that point by stating, to the contrary, that "I (that roommate) do not have any Jewish ancestry myself"?
---Does your current roommate repeatedly state to you after moving in with you inside your apartment unit that "I (your roommate) refuse to tell you where I was born, or the nation where I was born, since you might try to use that factual information to get me in trouble with the cops"?
---Does your own current roommate repeatedly state to you in the living room area of your apartment unit that "I (your roommate) do not feel accountable for making any honest statements to you about anything. The ONLY context in which I (your only current roommate) will definitely provide accurate and honest information is if a police officer ever decides to interview me. But I can guarantee you that the Austin police will NEVER interview me (your roommate), since I don't call attention to myself in any way. The police have pegged you as a psych case, so every crime report you file with them just gets labeled as more evidence of your being delusional. Art Acevedo, our chief of police, knows all about you being a psych case. And so does District Attorney Rosemary Lehmberg. That's why you will never get justice, you have no chance of ever getting to testify in a court of law on behalf of any of your criminal-law complaints you've filed here."
---Does your own current roommate state to you on two separate occasions while rooming with you that he has "lost" his key to the front door of your and his apartment unit, but that he refuses to pay for a change of lock on the front door to the apartment, since he is very sure that no one else has the key that he himself claims to have "lost"?
----Does your current roommate state to you repeatedly that from his own bed in the living room area of your apartment unit, he can hear the sounds of papers being shuffled by you inside your bolt-locked private bedroom when you are in your bedroom, and that the ONLY other noteworthy sounds your roommate ever hears emanating from your bedroom at nighttime, he says, are "loud moaning sounds" he hears on a frequent basis that, according to your roommate, he is very sure are coming from yourself and not from any intruder inside your bolt-locked bedroom at nighttime?
----Does your current roommate admit to you that the "loud moaning sounds" you yourself reportedly make during your sleep on a frequent and year-round basis as you lie alone on your own bed inside your bolt-locked private bedroom may be sounds indicating that you yourself are experiencing physical pain during your sleep, but that your roommate REFUSES to ever call 911 to ever at any time report to the local police department any incident of that type, "since I'm (your roommate) very sure that you are the ONLY person physically present inside your bolt-locked bedroom at nighttime," as your roommate always puts it?
---Does your own current roommate choose not to offer any reply when you politely state to him in the living room of your rental apartment unit that "None of my own previous roommates in a variety of cities and states where I have lived ever at any time stated to me when I roomed with them that I myself made moaning sounds of any type during my sleep"?
---Does your current roommate ever say to you in a drowsy-sounding voice shortly after he is possibly awakened by you as he lies alone on his own bed in the living room of your apartment, "You'll get used to it," as his own quick reply to your most recent criminal-law oral complaint to him that you believe you yourself have been physically abused and anally-raped by one or more alleged illegal intruders during your own sleep inside your own bolt-locked private bedroom?
---Did your own current roommate ever state to you that he cannot fall asleep at night on his own bed in the living room area of your apartment unit until AFTER you yourself from inside your own bolt-locked private bedroom fall asleep alone on your own bed, with your own roommate's cited explanation being that "if I (your roommate) hear you shuffling any papers from inside your bolt-locked bedroom at nighttime, this prevents me from falling asleep in the living room area where my own bed is situated'?
----Does your current roommate very emphatically and with apparent anger in his tone of voice state to you at least twice that "I (your roommate) want you to promise me that you will NEVER contact Scotland Yard (a British law-enforcement agency) about me (your roommate) at any time!"?
--Does your own current roommate ever state to you with no apparent context to his remark, "Queen Elizabeth II of The United Kingdom sent me (your own roommate) here to take care of you"?
---Did your own current roommate repeatedly state to you, "I (that roommate of yours) will NOT permit our local police department to do any DNA testing on myself (that roommate), since that would violate my privacy rights"?
---Did your own current roommate emphatically state to you in response to stated concerns of yours that he himself might have been allegedly sexually assaulted or molested by an illegal intruder during his own sleep on at least two separate occasions as he lay on his bed inside the living room area of your rental apartment unit: "Even though I (your roommate) am a longtime celibate divorced older strictly-heterosexual man, I very emphatically will NOT permit the Austin Police Department to order any forensic DNA swabs on my (your roommate's) own penis or anus, since that would violate my (your roommate's) privacy rights!"?
----Did your own current roommate emphatically state to you with apparent indignation that he did NOT appreciate either of the two separate crime reports you yourself filed with a local law-enforcement agency in Austin about factual evidence you yourself directly heard from inside your bolt-locked private bedroom relating to an alleged illegal trespasser and possible assailant somehow having been present during your own bedtime hours in the living room area of your rental apartment unit and allegedly verbalizing profanity and possible death threats directed at your roommate in that living room area where your roommate himself reportedly was sleeping alone and snoring on his own bed, with your own roommate declaring to you with emphasis that he is VERY SURE there was no intruder in the living room at either cited time, since the mere presence of any intruder would have automatically awakened your roommate as he himself lay on his bed, he states with emphasis.
---Did your own current roommate emphatically state to you that "I (your own roommate) forbid you from ever yourself unlocking the bedroom door from inside your own bedroom at nighttime in order to yourself attempt to identify a suspected intruder in the living room area and then yourself call the police immediately about that intruder, since I'll (your roommate) take care of that myself! I don't need any help from you on that!"
---Did your own current roommate emphatically state to you, "I will hire an attorney, if need be, to prevent the cops from doing any electronic surveillance of the kitchen or living room area or bathroom of our rental apartment unit, since I (that roommate) value my (that roommate's) own privacy rights"?
----In the period after your current roommate moved into your apartment, did you suddenly receive lots of surprising phone messages through your apartment unit's land-line phone's voice mail service that you yourself subscribe to and pay for in full each month for a wide variety of cited "persons", among them a "Milan Ethel" (sp?) in 2015, whose names you yourself have never heard before in your entire life and your roommate denies to you in person that he has ever identified himself by any such name.
Did you, in addition, provide the Austin Police Department several months after your current roommate moved into your apartment unit on April 27, 2013, with the following exact verbatim factual statement that you E-mailed on March 1, 2014, to APD Sergeant Michael King, your own APD-assigned "only crime-report liaison for myself" at that time, with a courtesy carbon-copy having been E-mailed at that time (March 1, 2014, to the Travis County District Attorney's Office in Austin, Texas (this at the latter's official E-mail address at that time of district.attorney@co.travis.tx.us):
"I (John Kevin McMillan of Austin, Texas, USA) did receive a phone call on my own home phone line (512-342-2295) on January 20, 2014, in which a woman calling herself 'Cristina' with the cited phone number of (773-283-7500, extension 5325) stated to me in that phone call I myself received that a 'Jason Borel' had told her recently that his own phone number is currently (512) 342-2295. I myself have had that particular phone number as my own individual AT&T phone service account for 12 consecutive years; and I myself have NEVER (at any time) roomed with anyone who stated his name to me as 'Jason Borel.'"
----Does your current roommate joke to you with a smirk on his face that "I (your roommate) may be living here under an assumed name"?
----Have you received at least two voice-mail phone messages on your land-line phone service inside your rental apartment that were each began by citing your own first name and last name as the intended recipient of that message, and that offered a phone message about the cited need for the pick-up or delivery of an item of some type that your roommate later states to you was actually a message for himself, with the message-giver having apparently stated your own name instead merely as a joke on her part, according to your own roommate?
---Does your own current roommate repeatedly and loudly sing a citedly "popular" song from a previous era within earshot of you inside your rental apartment unit about a "Big Bad John" who, as your roommate repeatedly explains, "gave up his own life so that others might live"?
----Does your own current roommate on his own initiative write down a full-page handwritten statement for you about what he calls "justifiable homicide," a favorite topic of his, along with his own emphatically and repeatedly stated "legal position" he frequently voices in your presence that he himself claims to have the "legal right", in his view, to take the law into his own hands and fatally stab or shoot any cited "intruder," for instance, whom your roommate believes to comprise a clear and convincing threat to the personal safety of your roommate himself inside your rental apartment unit?
---Does your own current roommate state to you that "I (your own roommate) own a gun that I keep in my parked car, and I may bring it into this apartment unit to keep here!"
---Were you informed by your doctor's office a matter of days after your own new roommate moved into your apartment unit as your official apartment management-team-approved roommate, that you had "tested positive for arsenic" in your urine in a medical test on yourself that you yourself had requested after observing surprising unpleasant aftertastes in your own store-bought foods and beverages in the kitchen of your apartment, foods and beverages of yours that you had a day or two before opened and sampled without any such unpleasant aftertaste?
---Does your own current roommate have no reply to speak of to offer you when you state to him that he is the very first roommate of your entire life in regard to whom you experienced unpleasant aftertastes in your own store-bought foods and store-bought beverages inside your residence while rooming with that individual?
---Does your own current roommate repeatedly declare to you that "You are saving lots of money from living with me, since I myself help to keep your electric bill down by turning the heater and air conditioner off on a frequent basis," with yourself replying at various times that the monthly water bills you yourself pay for your unit are often significantly higher than the month before he moved in, and with yourself also informing your roommate that you have spent hundreds of dollars each month from purchasing single-serving foods and single-serving beverages in retail stores and eating away from your and his apartment unit, this upon advice from a helpful female staff member for the State of Texas-owned "Poison Control Hotline" telephone assistance service in Temple, Texas-----advice she offered to help you protect your own health and safety in response to evidence you obtained of alleged illegal contamination of your own store-bought foods and beverages inside your apartment.
---Did your own current roommate repeatedly and emphatically state to you in the living room and kitchen area of your apartment unit that "I (your own roommate) have never put anything in your own foods and beverages here," only to then abruptly make an oral statement to you days later in the living room area of your apartment that began with the hypothetical phrase that he volunteered, "If I (your roommate) had begun to poison you, and then later stopped doing it..."?
---Does your own current roommate repeatedly boast to you that "Even though I am an older man, I (your current roommate) do not have any credit history, since I always pay all of my own bills immediately"?
---Does your own current roommate proudly boast to you that he obtained a used George Foreman-brand electric cooking appliance without having to pay any money for it, since he saw it on display outdoors at a garage sale one evening in your neighborhood without the sponsor of that garage sale being present outdoors at the time, "so I (your roommate) saw that as an invitation for me to simply take that item myself without having to pay any cash for it"?
---Does your own current roommate boast to you on several separate occasions in the living room area during a period of unemployment for himself that he found $20 in coins "lying on the cement" at an outdoor automatic car wash facility in your neighborhood, and he has kept that $20 in coins after "discovering" those coins on his own, your roommate states to you in the kitchen area of your rental apartment unit?
---Does one next-door neighbor at your own apartment building, a kindly retired gentleman and former State Government of Texas official of the Texas Department of Housing and Community Affairs, state to you repeatedly and in person and and with grave concern in his tone of voice that he finds it very odd that your own current roommate always parks his car at the other end of the apartment complex from your own apartment building, and that "he (your own roommate) seems to be hiding something about his past!"?
---Does your own current roommate boast to you repeatedly that "even though I (your own roommate) have been unemployed the majority of the time I've lived with you, I have never filed for unemployment insurance in my entire life, and I (your roommate) can easily pay my share of the monthly rent for this apartment unit regardless of whether I am receiving any paycheck from an employer"?
----Does your own current roommate ever state to you with a smirk on his face in the living room area that "I (your roommate) have been accepting bribe money from the intruders who are raping you every night during your sleep inside your bolt-locked bedroom"?
---Does your own current roommate repeatedly state to you that he is employed by a cited company famous for the official uniforms that its employees wear, but your own roommate never on any occasion wears any uniform or work shirt inside your rental apartment unit that ever on any occasion bears the name or logo of that cited "employer" of his?
----Does your own current roommate emphatically and repeatedly state to you that he is NOT willing to ever at any time pick up a telephone and call 911 to report to local police evidence of any type he ever at any time observes about a possible alleged illegal intruder or possible alleged illegal trespasser inside your apartment unit or outdoors on the private balcony abutting your rental apartment unit?
----Does your own current roommate repeatedly and consistently and very emphatically physically restrain you from inside the entry foyer inside your apartment unit whenever you yourself attempt to lock the front door to your rental apartment unit as you stand directly in front of that front door while preparing to promptly head off for your scheduled work duties at a workplace in Austin, with your own male adult roommate emphatically declaring to you each time and every time he prevents you from locking the front door while standing on the front porch, "I'll (your roommate) take care of it!", with your own roommate also scoffing with very apparent disdain in his voice whenever you reply to him that "The Austin Police Department always wants me to lock the front door immediately from outside as I prepare to walk down an outdoor stairway and travel to my workplace for an assigned workshift!"
----Did your own current roommate surprise you on at least two separate occasions when, as you walked from your own bedroom toward the bolt-locked and locked front door of your rental apartment in order to let your roommate enter your rental apartment unit from an outdoor porch where he was standing and knocking on the front door, you suddenly notice that your roommate is using at least one apparent key he holds in his hand to himself open the locked and bolt-locked front door all by himself from the outside, this a second or two before you could have yourself unlocked the front door from the inside in order to let him in.
----Does your current roommate ever at any time volunteer to you that he committed "first-degree homicide" in another U.S. state as part of his own background?
---Does your own current roommate state to you that "the only woman I (your own roommate) was ever married to got a divorce from me, and I have no idea where she is today"?
--Does your own current roommate habitually refer to members of your municipal police department as "cops"?
---Does your own current roommate frequently state to you on his own volition, with no context to his remarks, and despite your having repeatedly told your roommate that you yourself are VERY OPPOSED to marijuana activities of any type, that "I (your current roommate) think you should smoke marijuana, it would help you to mellow out. If you would like, I (your roommate) could get some marijuana for you."
---Does your own current roommate repeatedly state to you on his own volition that "I (your current roommate) previously resided in a crack cocaine house in this same city for a year or so, and I never once called the cops about the cocaine activities there."
---Does your own current roommate repeatedly state to you in your presence with a smirk on his face that "The cops will NEVER contact me (that roommate of yours) about anything, since I myself don't do anything that would ever set up a red flag for the cops!"
---Does your own current roommate repeatedly ask you to give him the phone number for your your two older brothers, since "I (your roommate) want to contact them and talk with them about you"?
---Does your own current roommate ever state to you without any apparent context to his remark, that "I (your roommate at present) expect to outlive you in the foreseeable future, and when that happens, I (your current roommate) will immediately recycle all of your so-called legal notes and all of your various papers and computers and video cards and so-called crime evidence you've collected about being a self-identified victim of alleged crime inside this apartment unit during periods when you are sleeping in your bolt-locked bedroom. Also, I will insist on having your dead body cremated, since I (your current roommate) would get control over administering your estate after you are dead"?
---Does your own current roommate ever volunteer to you at any time that "a previous female roommate of mine died suddenly in her sleep one night while rooming with me, without any symptoms of her being ill earlier that night; and I (your own current roommate) was very surprised that the cops here in Austin never interviewed me about her very abrupt death. I had cooked a nice meal for her shortly before she passed away, and she never complained about my cooking."
---Does your own current roommate repeatedly state to you inside your rental apartment unit that "My (that roommate's) all-time favorite roommate was a woman who died suddenly in the middle of her sleep while living with me. She was very passive, and she was very agreeable about eating whatever I would cook for her. It was a blessing that she died in her sleep, since otherwise she might have died from cancer. She did not have cancer at the time of her death, but if she had continued living with me, she might have contracted cancer at some point."
---Does your own current roommate acknowledge the accuracy of your factual observation to him that two cited next-door neighbors of his at your apartment complex each very abruptly stopped having any further meetings with that roommate of yours and very abruptly stopped having any further conversations with him, either, after a multi-week period in which each of those two cited neighbors of your own roommate had each eaten several meals that your own roommate stated he had himself cooked and served to those two cited next-door neighbors of his inside an apartment unit where one of those two next-door neighbors himself resided as a tenant?
----Does your own current roommate repeatedly state you over a multi-month period that "I don't have any friends, and all of my own relatives are dead"?
---Does your own current roommate frequently state to you that "I (that roommate) don't like people"?
---Does your own current roommate repeatedly state to you that "all people, including myself and yourself, are evil"?
---Does your own current roommate frequently joke, after being informed that the prosecuting attorney for your own county is herself a recovering alcoholic who previously drank vodka, that "I (your own roommate) plan to buy her a bottle of vodka and give that to her as a present"?
---Does your own current roommate repeatedly state to you that whenever he learns about the death of another human being, "I (your own current roommate) never feel any sadness about it."
----Does your own current roommate cite as his "leading pastime" watching violent movies on cable television inside your apartment unit, with scenes featuring the torture of human beings comprising "fun entertainment" in the view of your own current roommate?
---Does your own current roommate emphatically object whenever you state to him that you are dismayed by all the scenes of violence in the cable television HMO movies that your roommates watches, with his stated elaboration being that "They are NOT real people you are watching on that TV screen!"?
----Does your own current roommate ever state to you that even though he devotes about 100 hours each week to himself watching professional actors and actresses perform on television, he himself would not want to meet in person ANY of the numerous actors or actresses whom he devotes so much time to watching on television?
---Does your own current roommate state to you that he delights in watching professional boxing matches on television, and that one of his own "favorite memories" from professional boxing was the occasion when the male African-American professional boxer Mike Tyson bit off the ear of his male opponent in a televised boxing match?
---Does your own current roommate repeatedly and emphatically state to you in the living room area of your apartment unit that "I (your roommate) dislike Austin and I also dislike Texas, and I'm only left Virginia because I moved here in 1987 to help take care of an older relative of mine in the Austin area"?
---Does your own current roommate repeatedly state to you in the living room of your apartment unit that "I (your roommate) hate the federal government, and I intensely dislike U.S. President Barack Obama!", with your own current roommate having been overheard by you on one occasion abruptly hanging up his end of the phone line in the living room after responding to a political surveyor's questions on the telephone with a statement by your roommate that concluded with the very emphatic and angry-sounding declaration, "Unless he gets assassinated!"
---Does your own current roommate inform you in the living room area that when two young men serving as Mormon missionaries one day walked up the outdoor staircase onto the outdoor balcony abutting your second-floor rental apartment unit, "I (your roommate) shooed them (the Mormon missionaries) away," with your roommate adding that "I (your roommate) regard the Mormon Church as a cult!"
---Does your own current roommate emphatically state to you in the living room area of your apartment that he regards the Catholic Church as "a cult," only to later state to you just as emphatically, a matter of months after his original statement on that subject, that he had never on any occasion ever once told you, his roommate, that he regards the Catholic Church as being "a cult", and that you were "misquoting" him on that subject when you claimed otherwise!
---Does your own current roommate emphatically declare to you in the living room of your apartment unit that he dislikes the Jehovah's Witnesses religion, "since I (your roommate) consider that to be a dangerous cult!"
----Does your own current roommate emphatically declare to you on several separate occasions that "Unless you accept Jesus Christ as your Lord and Savior, you will end up in Hell!"
--Does your own current roommate state to you emphatically that while he is himself "born-again" in his own religious beliefs, he has never found ANY church in Austin, Texas, that he feels comfortable enough with to consider joining as a member?
---Does your own current roommate very emphatically state to you on his own volition in the living room of your rental apartment unit, "Even if you were to be in the core center of the planet Earth, you would still be getting raped every day!"
----Does your own current roommate very emphatically state to you on at least two separate occasions in the living room of your rental apartment unit, "Even if you traveled into outer space in a spaceship, you might STILL be getting raped inside that spaceship!"
----Does your own current roommate very emphatically state to you with no apparent context to his outburst, "I (your roommate) am AMAZED that you STILL have not figured out the point of entry into your bolt-locked bedroom that the intruders are using! If I (your roommate) were in your shoes, I would be devoting all my time to figuring out what the point of entry has been! So this proves to me (your roommate) that you are not honest and sincere about your claims of being an anal-rape-crimes victim on a daily and year-round basis during your sleep inside your private bedroom as you lie alone on your own bed!"
---Does your own current roommate repeatedly state to you in the living room that "You should be overwhelming the Austin police with crime evidence about yourself being a victim of rape inside your own apartment unit, but you are not doing that! And the reason you're not doing that is because you HAVE NO EVIDENCE!"
---Does your own current roommate repeatedly and emphatically state to you in the living room area that "you can always file charges against me with the Austin Police Department", with that same roommate of yours adding, "And the reason you have not filed charges against me with the cops is because you HAVE NO EVIDENCE!"
(EDITOR'S NOTE: ONE OFFICIAL E-MAIL ADDRESS FOR TRAVIS COUNTY DISTRICT ATTORNEY ROSEMARY LEHMBERG OF THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE PUBLIC LAW OFFICE IN AUSTIN, TEXAS, USA, IS: RUDY.MAGALLANES@TRAVISCOUNTYTX.GOV.
THAT E-MAIL ADDRESS FOR DA LEHMBERG'S EXECUTIVE ASSISTANT RUDY MAGALLANES---WHO IS HIMSELF BASED IN MS. LEHMBERG'S OFFICE AREA INSIDE THE TRAVIS COUNTY COURTHOUSE COMPOUND IN DOWNTOWN AUSTIN---IS NOT CASE-SENSITIVE. ANY AND ALL LETTERS FOR THAT E-MAIL ADDRESS MAY BE UPPER-CASED OR LOWER-CASED, OR ANY COMBINATION OF UPPER-CASED AND LOWER-CASED.
ANY AND ALL VERY RARE HONEST AND ALERT AND VIGILANT AND VERY RARE COURAGEOUS PERSONS IN TEXAS (OR ELSEWHERE) WHO WISH TO SHARE CRIME TIPS OR CRIME LEADS OR POSSIBLE CRIME EVIDENCE OR PERTINENT RUMORS THEY HAVE HEARD, WITH HIGHLY-ESTEEMED PROSECUTING ATTORNEY LEHMBERG OF AUSTIN IN CONNECTION WITH THIS ALLEGED-CONTINUOUS-FELONY-PERSONAL-INJURY-CRIMES CASE IN AUSTIN, TEXAS, MAY DO SO BY E-MAILING A NOTE TO DA LEHMBERG CARE OF RUDY MAGALLANES AT THE ABOVE-CITED OFFICIAL TRAVIS COUNTY GOVERNMENT E-MAIL ADDRESS.
A COURTESY CARBON-COPY ON EACH OF THOSE E-MAIL LETTERS SHOULD ALSO BE SENT BY ANY AND ALL COURAGEOUSLY VIGILANT AND VERY RARE HONEST TEXANS---INCLUDING ANY SUCH ATTORNEYS OR GOVERNMENT OFFICIALS---WITH CRIME EVIDENCE THEY HAVE OBTAINED OR RUMORS THEY HAVE HEARD ABOUT THIS CONTINUOUS-CRIMES CASE, TO THE CURRENT CITY GOVERNMENT OF AUSTIN POLICE DEPARTMENT (APD) CHIEF, CHIEF ART ACEVEDO, AT HIS OFFICIAL E-MAIL ADDRESS OF ART.ACEVEDO@AUSTINTEXAS.GOV, OR TO APD'S NEW CONSTITUENT SERVICES DIRECTOR JANET JACKSON, AT HER OFFICIAL E-MAIL ADDRESS OF JANET.JACKSON@AUSTINTEXAS.GOV.
IN REGARD TO THE LEGAL E-MAIL CORRESPONDENCE CONTAINED BELOW, THE OFFICIAL PROFESSIONAL E-MAIL ADDRESS FOR THE VERY HELPFUL AND POLITE STATE BAR OF TEXAS MEMBER PRIVATE ATTORNEY AND UNIVERSITY OF TEXAS LAW SCHOOL ALUMNUS SHERYLN WIGGS OF THE DALLAS AREA OF TEXAS IS: swiggs@schellcooley.com>. --JKM)
--- On Thu, 3/28/13, John McMillan wrote:
Subject: RE: 3-27-13 friendly reply to attorney Sheryln Wiggs on sex-crime case
To: "SherlynWiggs"
Date: Thursday, March 28, 2013, 9:47 AM
I did exactly as you advised---I walked to the nearby Seton Northwest Hospital, situated a few blocks from my apartment unit. I clearly stated in writing to the male admitting clerk that I had symptoms of rape and molestation. I then told the triage nurse that I had experienced anal pain, abdominal pain, and nausea, and that I had detected the scent of semen in my anus when I swabbed my anus using my finger at about 4 a.m. this Thursday morning inside my apartment unit.
The ER physician assigned to me at Seton Northwest, Dr. Gordon, an African-American man, responded to my criminal-law complaint by initially stating to me that he would like to take a look at my "abdomen." When I then reminded him about my being a victim of alleged anal rape, he agreed to examine my anus for a matter of seconds. I emphasized to him that I had detected the scent of semen in my anus when I swabbed it with my finger early this morning after being awakened abruptly in the middle of my sleep twice, including at about 3:53 a.m. today, after I'd gone to bed at 1 a.m. this Thursday.
Dr. Gordon stated that he did not observe any semen in my anus, and he indicated that he did not see any evidence of any "acute" symptoms. He then had the female nurse hand me discharge papers that cited my anal pain, but then contained his own "diagnosis" of myself as having alleged "schizophrenia."
During his meeting with me, Dr. Gordon surprised me at one point by asking me, "Who is your psychiatrist?" I politely replied that I do not have a psychiatrist.
My primary care physician, Dr. Edie Shulman, has expressed confidence in my mental health, pertinent information that I did share with the female nurse. I am not under any mental health commitment or any mental health restrictions of any type.
Ms. Wiggs, no testing of any type--not even a urinalysis or blood test---was ordered by Dr. Gordon during my visit to the Seton NW ER for which I was admitted after I specifically stated in writnig that I had symptoms of having been raped or molested.
Do you have any additional suggestions that you might be willing to offer me?
With Friendly Best Wishes,
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 Wed, 3/27/13, Wiggs, Sherlyn wrote:
From: Wiggs, Sherlyn
Subject: RE: 3-27-13 friendly reply to attorney Sheryln Wiggs on sex-crime case
To: "'John McMillan'"
Date: Wednesday, March 27, 2013, 11:54 AM
Dear Mr. McMillan:
The district attorney won’t be able to bring charges against anyone without physical evidence. Regardless of whether you are awake or asleep when it occurs, any attack warrants a visit to the emergency room on your part. The staff at the hospital will be able to gather physical evidence that the district attorney needs. The next time this happens, please go to the emergency room as soon as possible.
All the best,
Sherlyn Wiggs
______
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Wednesday, March 27, 2013 11:42 AM
To: Wiggs, Sherlyn; Center for Human Rights and Justice at UT-Austin Law School; TX)Human Rights Initiative (Dallas; Human Rights Watch Persecuted-Writers Fund Administrator; Physicians for Human Rights Communications Director Stephen Greene; Asylum AssistancePhysicians for Human Rights USA; Texas Civil Rights Project; HumanRightsWatchOfficials(D.C. Office); humanrts@umn.edu; Senior Legal Asst. YzaguirreFowler Law Firm; Texas Legal Protection Plan Outreach Services; State Bar of Texas Exec. Dir. Michelle Hunter; Attorney Leon J. Barish; AttorneyLouis Bratton; Austin SmilesKendyll Daugherty Richards; UT-Austin Institute on Domestic Violence and Sexual Assault; Texas Association Against Sexual Assault Dir. Communics. Gipprich; ACLU of Massachusetts; Massachusetts Coalition Against Sexual Assault; Mass.Assn.ofHumanRightsCommissions; Penn State University President; Rep. Naishtat Chief of Staff Dorothy Browne; Texas Medical Board state agency; Jennifer McClearyTravis County District Attorney Major Crimes and Narcotics Division; Dayna BlazeyTravis County District Attorney Major Crimes and Narcotics Division; Justice for All (Houston)
Subject: 3-27-13 friendly reply to attorney Sheryln Wiggs on sex-crime case
To: Ms. Sheryln Wiggs, first-rate alumnus of the University of Texas Law School in Austin, Texas, and a private attorney member of the State Bar of Texas who is yourself currently based at a very fine law firm in the Dallas area.
March 27, 2013
Dear Ms. Wiggs,
Thank you for your very helpful and informative reply letter (below). I greatly appreciate your having taken the time to offer me informal advice on this.
I need to respond to a conveyed question in your reply letter by noting that I often notice a stinging sensation in my nostrils or an unpleasant aftertaste in my mouth or throat upon being awakened abruptly in the middle of my sleep as I lie alone on my bed.
(Incidentally, much of the time when I am awakened in the middle of my sleep, the dream I had been having at the time during my sleep related to my being dismayed by a male adult person committing a criminal act that I myself was directly observing and appalled by in my nocturnal dream. Often the victim of the criminal act or violence that I directly observe having been perpetrated on that victim in my nocturnal dream is a heterosexual woman or a girl. I might add that while my dreams do convey considerable appreciation for and empathy toward a wide variety of heterosexual women and female youths, I myself am not transsexual: I would never agree to myself participate in a sex-change operation involving castration of myself, and in fact I respectfully question the need for nearly all of the sex-change operations taking place in this country today.
In response to your question about why I am not awakened immediately by the personal injury crimes and sex crimes, it is apparent to me that the alleged illegal intruder or intruders inside my bolt-locked and fully-secured apartment unit during my sleep are allegedly subjecting me against my wishes to oral inhalants or nasal inhalants that somehow keep me sedated and sleeping or napping (when I take a nap for at least one hour) and unconscious on my bed during those personal-injury crimes and sex crimes being inflicted on myself against my wishes. I snore.
I am also taking this opportunity to carbon-copy this legal correspondence with the American Civil Liberties Union's Houston office, to which I have very recently submitted an online application for legal-representation assistance on privacy-rights issues and other issues raised by this case.
I have an urgent need for a private attorney to represent me partly because Travis County District Attorney Rosemary Lehmberg herself has never directly contacted me at any time to indicate that she is willing to herself file criminal-law charges on my behalf in a court of law in Austin, Texas.
John Kevin McMillan, a single adult longtime celibate-by-choice, permanently alcohol-free, lifelong-tobacco-free, permanently marijuana-free and illicit-drug-free, facially cleanshaven (no mustache, no beard, etc.), clean-talking (profanity-free), platonically--polite (I don't grab or pinch or goose or pounce on anyone, for instance, and I have high platonic credibiility with a wide variety of persons of a variety of ages who are actually attractive and pleasant human beings to associate with), white non-Hispanic gentleman of English, Scottish, and German ancestry who has not myself ever participated in ANY mutual-consent sex of any type with any other human being anywhere in Austin or anywhere in the entire Austin area of Texas at any time since December of 1979.
I have resided in Austin proper on a continuous and uninterrupted basis most recently ever since mid-March of 1997.
For the record, since I am the victim of daily and frequent and year-round anal-rape crimes during my sleep, I need to mention that the most recent occasion in which I myself participated in penetrational anal intercourse anywhere in Texas was in December of 1979 (in Austin). I have not authorized any media company or any other entity or any individual or group of individuals or any "medical services provider" anywhere in the world to somehow subject me to any form of physical contact or sexual contact or "medical services contact" with my own body during periods when I am sleeping or napping and lying alone, unconscious, on a bed that I own inside a bolt-locked apartment unit that I rent in NW Austin.
John Kevin McMillan
______
--- On Wed, 3/27/13, Wiggs, Sherlyn wrote:
Subject: RE: 3-26-13 request for legal assistance
To: "'John McMillan'"
Date: Wednesday, March 27, 2013, 9:01 AM
Hi Mr. McMillan:
Thank you so much for your kind words, and I’m very saddened to hear of this situation. I regret that I cannot assist you right now, as my law firm does not accept TLPP, and we do not handle litigation of this type.
I cannot offer you any factual information, as I’m not a witness who would have knowledge of any facts of this situation. You are the person who has the most knowledge of the facts here.
My non-legal advice to you is to again empower yourself:
--Rather than offering the police infrared recordings of the intruder, why not offer them videotape or photographic evidence? Can you set up a camera to record any intrusions into your apartment?
--Is there a medical condition that causes you to remain asleep during these episodes? I would think that you would wake up when this happened. You may want to seek medical advice on why you aren’t waking up.
--If you are waking up, you need to go to the emergency room as soon as possible to gather physical evidence after one of these episodes. This is what rape victims do—they go to the emergency room for medical care.
If the police need evidence, this is the evidence they need—photographic or videotaped evidence, and physical evidence gathered by medical personnel that will help identify an intruder. If a perpetrator is identified, the district attorney is the office that would bring criminal charges.
Finally, I would encourage you to seek counseling or talk therapy, as I can see how this has affected your well-being. Counseling will help you cope with the psychological stress and effects of this situation. Again, this is what rape victims do—they seek counseling for conditions such as post-traumatic stress disorder or to address other psychological effects of an attack.
I wish you all the best,
Sherlyn Wiggs
______
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Tuesday, March 26, 2013 8:18 PM
To: Wiggs, Sherlyn; Penn State University President; Asylum AssistancePhysicians for Human Rights USA; Mass.Assn.ofHumanRightsCommissions; Texas Rangers Lt. Jesse Valdez; Rep. Naishtat Chief of Staff Dorothy Browne; Texas Legal Protection Plan Member Services
Subject: 3-26-13 request for legal assistance
To: First-Rate Civil-Litigation Private Attorney Sherlyn R. Wiggs, Schell Cooley Law Firm, Addison, Texas. Office phone number: (214) 665-2000.
March 26, 2013
Dear Ms. Wiggs,
Congratulations again on your great success as a private attorney member of the State Bar of Texas and very distinguished alumnus of the University of Texas at Austin Law School.
I would like to thank you, Ms. Wiggs, for having taken the time to meet with me inside your law firm office earlier this century during the period when you practiced the law in Austin, Texas.
I am very grateful to you for your very helpful oral assurance to me during one of my two consultation meetings with you, a meeting paid for by the Texas Legal Protection Plan in which I was and still am a dues-paying individual member, that you as an attorney are confident that I myself, John Kevin McMillan of Austin, Texas, do NOT have to myself lead a so-called "gay-centered lifestyle." That oral assurance from you greatly boosted my morale and enhanced my own self-confidence as a human being.
I am writing you today, Ms. Wiggs, because many Central Texans have apparently expressed defiance of and contempt toward my own asserted legal right and human right to myself NOT lead a "gay-centered" lifestyle in my own life.
Ms. Wiggs, I would be very grateful to you if you would be willing to help me to lawfully and in a civil manner achieve a court-ordered or government-ordered termination of alleged daily and year-round anal-rape crimes victimizing myself during my sleep on a daily and frequent and year-round basis inside my bolt-locked one-bedroom apartment unit that I rent at a large apartment complex that's reportedly owned and managed by a for-profit corporation headquartered in Dallas, Texas. That corporation is named "Westdale Asset Management."
These daily and year-round and continuing alleged personal-injury crimes victimizing myself have attracted nationwide attention in response to letters and phone calls I've written or made. The very distinguished and honorable current President of Penn State University in Pennsylvania, and a high-ranking official of the Massachusetts Association of Human Rights Commissions, Ms. Diane McLeod, have each very recently sent me helpful and encouraging reply letters on this that were each addressed to myself.
This continuous and continuing personal-injury crimes and anal-rape crimes case in which I am definitely the victim during my sleep has also prompted high-ranking officers of three different law-enforcement agencies OTHER than the Austin Police Department to each make recent phone calls to me about this felony-crime case.
Those law-enforcement officers are: Lt. Jesse Valdez of the Texas Rangers Division of the DPS; Sunset Valley Police Department Lt. Richard Andreucci, who began his local phone call to my home phone from his office by politely asking me if I have any reason to believe or suspect that a cited male officer of his municipal law-enforcement agency in the Austin area allegedly has participated in any way in the alleged anal rapes of myself, John Kevin McMillan, during my sleep inside my bolt-locked apartment in northwest Austin; and Officer Ruben Puente, the self-identified second-highest-ranking law-enforcement officer of the University of Texas System Police Department in Austin, Texas. Officer Puente repeatedly emphasized to me in a local phone call he made to me that no one employed by or affiliated with any component institution of the UT System has any involvement of any type in my own life or living conditions, Officer Puente repeatedly emphasized to me.
In addition, Ms. Dorothy Browne, the very helpful Chief of Staff for my current state legislator, Rep. Elliott Naishtat of the Austin area, reportedly ---this according to a coworker of hers in the same legislative office --- made recent phone calls on my behalf this year to "several law enforcement agencies," in addition to the Austin Police Department, in regard to this alleged continuous and continuing felony crime cases in which I myself am definitely the victim during my sleep inside my bolt-locked apartment unit in which I reside at Wind River Crossing Apartments in Austin.
The alleged anal-rape crimes victimizing myself during my sleep on a daily and year-round and continuing basis inside an apartment unit where I live alone and I'm the only approved tenant or occupant, have also been accompanied by other types of daily and frequent and year-round personal-injury crimes. Those personal-injury crimes include alleged delberate sleep-interruption-infliction crimes being inflicted on me on a daily and frequent and year-round basis as I lie alone on my bed that have themselves robbed me of hundrds of hours of sleep in the period since the morning of April 17, 2011.
In the period since April 17, 2011, my own medical health has been significantly harmed by all of these cited violations of my own privacy rights involving alleged personal-injury crimes victimizing myself during my sleep. Those alleged personal injury crimes have also allegedly accelerated my own aging process and have allegedly also harmed my joints, hips, legs, circulatory system, nervous system, and internal organs.
I have obtained infrared-photo documentation of the alleged illegal intruders inside my bolt-locked apartment unit during my bedtime hours. However, the Austin Police Department so far has repeatedly declined to accept any of my video cards I own that contain those infrared-photo images of alleged intruders inside my bolt-locked apartment unit.
I would welcome any opportunity to share with you some examples of the types of infraed-photo motion-sensitive photographs that been taken on my own behalf from inside the private bedroom my bolt-locked apartment unit during my bedtime hours.
I am a strong complainant for several reasons, including the fact that I lead a permanently drinking-alcohol-free (ever since 1990), permanently marijuana-free (ever since 1984) and permanently illicit-drug-free lifestyle; I myself do not have any criminal-conviction record; and I myself am consistently civil and law-abiding and honest. I also have a strong work ethic: I work seven days per week in three total respective wholesome and family-friendly chain restaurant workplaces in Austin (a Denny's franchise restaurant; a....(corporate-owned) chain restaurant; and an Outback Steakhouses-owned chain restaurant).
Ms. Wiggs, I would welcome any opportunity you might ever offer me to provide you with additional factual information on this. I hope to hear from you soon.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Wind River Crossing Apartments, Apt. 325, Austin, Texas, 78759.
My home phone number: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
THE ABOVE-CITED FACTUAL DISCLOSURE TO ME ON THIS CAME FROM ATTORNEY JAMES G. NOLAN, ASSISTANT DEPUTY GENERAL COUNSEL OF THE OPEN RECORDS SECTION OF THE STATE COMPTROLLER'S OFFICE STATE AGENCY IN AUSTIN, TEXAS.
Mr. NOLAN'S CITED OFFICIAL PHONE NUMBER WITH THAT STATE AGENCY, AS CITED IN HIS 2013 LEGAL LETTER TO ME, WAS: (512) 936-7241. HIS OFFICIAL STATE AGENCY FAX NUMBER AT THAT TIME WAS: 512-463-4288.
THAT SIGNED LEGAL LETTER TO ME FROM ATTORNEY JIM NOLAN OF THE STATE COMPTROLLER'S OFFICE STATE AGENCY IN AUSTIN, TEXAS, CONTAINED THE FOLLOWING VERY NOTEWORTHY FACTUAL ONE-SENTENCE DISCLOSURE TO ME FROM MR. NOLAN:
"We conducted a search of our payroll databases and identified 21 state employees who listed that residential address (Wind River Crossing Apartments, 11411 Research Boulevard, Austin, Texas, 78759) at some time since April 1, 2011."
State Comptroller's Office attorney James G. Nolan also stated in that same signed reply letter to me that his letter was in response to a May 13, 2013-dated public-information request from myself.
I had submitted that public-information request to his state agency in Austin through an E-mail communication from myself. The State Comptroller's Office assigned my May 13, 2013-dated public-information request the official identification number of: 9139424301.
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