Monday, September 14, 2015

CITY OF AUSTIN LAW DEPARTMENT (CITY ATTORNEY'S OFFICE FOR THE CITY GOVERNMENT OF AUSTIN) IN AUSTIN, TEXAS, ON SEPTEMBER 8, 2015, WRITES TO THE ATTORNEY GENERALOF TEXAS, SEEKING PERMISSION TO WITHHOLD FROM MYSELF, REQUESTOR JOHN KEVIN MCMILLAN OF AUSTIN, LEGAL DOCUMENTS GENERATED IN THE CITY ATTORNEY'S OFFICE IN AUSTIN DURING A TWO AND ONE-HALF MONTH TOTAL PERIOD IN THE SUMMER OF 2015 ONLY, AND THAT EACH REFER TO MYSELF, A GAINFULLY EMPLOYED, DEPENDABLY CIVIL AND LAW-ABIDING, HONEST, PERMANENTLY ALCOHOL-FREE, SINGLE-BY-CHOICE, LONGTIME-CELIBATE-BY-CHOICE, ADULT WHITE NON-CHRISTIAN GENTLEMAN AND VERY HONORABLE PRIVATE CITIZEN WHO MYSELF DOES NOT HAVE ANY CRIMINAL CONVICTION RECORD


(EDITOR'S NOTE: THE SEPTEMBER 8, 2015-DATED TWO-PAGE SIGNED LEGAL LETTER ON OFFICIAL CITY OF AUSTIN LAW DEPARTMENT STATIONERY WAS SIGNED BY ASSISTANT CITY ATTORNEY ELAINE NICHOLSON AND ADDRESSED TO TEXAS ATTORNEY GENERAL KEN PAXTON. MS. NICHOLSON'S LETTER, A COPY OF WHICH WAS MAILED TO MYSELF BY MS. NICHOLSON, WAS IN RESPONSE TO THE FOLLOWING (BELOW) AUGUST 23, 2015, E-MAIL PUBLIC INFORMATION REQUEST FROM MYSELF, JOHN KEVIN MCMILLAN OF AUSTIN.

THE CITY OF AUSTIN LAW DEPARTMENT IN ITS SEPTEMBER 8, 2015, LEGAL LETTER CITED "ATTORNEY-CLIENT PRIVILEGE" AS THE CITED BASIS FOR SEEKING PERMISSION FROM ATTORNEY GENERAL PAXTON FOR THE CITY TO WITHHOLD FROM MYSELF AND THE GENERAL PUBLIC AND NEWS MEDIA SEVERAL OR MORE LEGAL DOCUMENTS GENERATED DURING THE PERIOD FROM JUNE 10, 2015, THROUGH AUGUST 23, 2015, BY THE CITY ATTORNEY'S OFFICE IN AUSTIN THAT EACH REFER TO MYSELF, JOHN KEVIN MCMILLAN OF AUSTIN.

THE LEGAL DOCUMENTS THAT THE CITY OF AUSTIN SEEKS TO WITHHOLD FROM MYSELF AND THE GENERAL PUBLIC COMPRISE "CONFIDENTIAL COMMUNICATIONS WITHIN THE LAW DEPARTMENT," ASSISTANT CITY ATTORNEY ELAINE NICHOLSON STATED ON THE SECOND PAGE OF HER SIGNED LEGAL LETTER ON THIS TO ATTORNEY GENERAL PAXTON. "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 SAMPLES IS EXCEPTED FROM DISCLOSURE UNDER SECTION 552.107(1) (OF THE TEXAS OPEN RECORDS ACT)." --- jkm
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(From:)John McMillan

(Sent:) Aug 23 (2015)

To(:) Eloy Del Bosque, City of Austin Open Records Coordinator, Gregory Lucas, U.S. Department of Homeland Security, Texas Rangers Division of DPS, Texas DPS Office of General Counsel, Roger Dean, greg.hamilton@traviscountytx.gov, brian.narciso@austintexas.gov, david.escamilla@traviscountytx.gov, Rey Arellano, Williamson County District Atty Jana Duty Jana Duty, joe.ballesteros@traviscountytx.gov, Public Information, Austin City Manager Marc Ott, Dallas City Attorney's Office, Dallas Police Chief David Brown, rudy.Magallanes@traviscountytx.gov, Governor's Office of Texas Open Records Administrator, Travis County Judge Sarah Eckhardt, U.S. President Barack Obama, APD Constituent Services Liaison Janet Jackson (2015), Sunset Valley Police Dept. Lt. Richard Andreucci, FBI Dallas Bureau, FBI Houston Bureau (2015), StateSenatorKirkWatson, carl.woody@traviscountytx.gov

August 23, 2015

Dear public-information coordinator Mr.Eloy Del Bosque in the City Government of Austin Law Department in Austin, Texas,

This is a Texas Open Records request in which I seek to obtain from your City of Austin Law Department a copy of any and all letters, e-mail communications, reports, memoranda, legal actions, legal notes, records of legal consultations, and other documents that were written or noted or compiled or received or forwarded by any attorney or any other staff member or official of the City of Austin Law Department at any time since 12:01 a.m. June 10, 2015, and that, in each and every such case, refers at least once to myself, John Kevin McMillan of Austin, in any manner or any way, or refers at least once in any manner or way to my one-member (myself only) and non-Christian, anti-alcohol, anti-marijuana and anti-illicit-drugs, anti-facial-hair, anti-tattoos, anti-tobacco, and anti-anonymous-communications Progressive Prohibitionist Religion, or refers at least once in any way to any cited "roommate" of mine at Wind River Crossing Apartments.

EXCLUDED FROM THE SCOPE OF THIS public-information request from myself are any and all letters or E-mail letters that were exclusively written by myself, John Kevin McMillan of Austin, Texas.

My legal name is John Kevin McMillan. I am a lifelong single gentleman. I am also a lifelong non-Christian gentleman. I am also a white Anglo-Saxon gentleman of English, Scottish, and German ancestry. My social security number is: (withheld from this blog)....I was born at Lincoln, Nebraska, on April 27, 1957.

I lead a permanently alcohol-free (ever since 1990), always-tobacco-free (lifelong), permanently marijuana-free (ever since 1984), and illicit-drug-free lifestyle. I have never consumed any illicit drug other than marijuana on any occasion in my entire life; and I am very opposed to any and all forms of marijuana consumption or any of the so-called "medical-marijuana" consumption. I am also very opposed to any illicit drug activities of any type, anywhere in Austin, Texas, and anywhere else, for that matter.

I resided in Apartment 325 in Building 3 at Wind River Crossing Apartments from January 2002 through my move-out date of July 29, 2015. I had previously resided as an official tenant in Apartment 1638 of Building 16 at Wind River Crossing from August 2001 until January 2002, with my roommate during that multi-month period of 2001 having been a Mr. Christian Meza.

I have been and remain to this very day completely celibate by choice, throughout any and all of my own conscious or waking hours, regardless of where I was or am stationed or situated or where I visited or stayed or rented an apartment or room, throughout any and all of my own waking or conscious hours ever since and including the day when I moved into Apartment 325 in Building 3 at Wind River Crossing Apartments in January 2002.

I myself am gainfully employed and do not have any criminal-conviction record.

I insist on my legal right to myself file criminal-law charges as soon as possible against any and all alleged trespassers or alleged personal-injury-crimes-perpetrators or alleged rapists or alleged criminal persons of any background who at any time are or were somehow situated inside my bolt-locked bedroom or my bolt-locked rental room during periods when I am or was sleeping alone and lying unconscious on my bed, or who are or were themselves allegedly sponsoring or serving as financiers or employers of any alleged "intruders" or "trespassers" or "rapists" or "sleep-disruption harassment team members" or "personal injury crimes perpetrators" inside my bolt-locked bedroom or my bolt-locked rental room during my bedtime hours.

Among the insights I hope to glean from this public-information request are possible answers to the following questions:

---What prompted Austin Police Department Officer James Turner to ask me on his own initiative during an on-duty visit he made to the front balcony of my apartment unit at Wind River Crossing this summer: "Are you (John Kevin McMillan) planning to move out of (Travis) County?"

---What prompted Austin Police Department Officer James Turner to state to me on his own volition in 2012, during an in-person meeting he had with me at Wind River Crossing Apartments in which I had informed him that I have been anally-raped and personally injured during my sleep by alleged illegal intruders inside my bolt-locked apartment unit on a frequent and year-round basis during my sleeping hours: "They can't harm you (John Kevin McMillan) that much."

---What prompted the very same APD Officer James Turner to volunteer to me the following very surprising in-person oral statement in 2011 or 2012, this with no apparent context to his "disclosure," during a meeting I had with him at Wind River Crossing Apartments: "These types of things can turn around overnight, and can lead to a very fast out-of-court settlement (sic)"?

---What prompted my most recent apartment management-team-approved roommate at Wind River Crossing, "John Douglas Martin" his stated "legal name," to repeatedly state to me inside our apartment unit in July 2015, "You (John Kevin McMillan) will find that no matter where you move to in Austin, you will still be getting raped every night"?

---Is there any evidence that one or more persons have attempted to "harass" me into moving away from the Austin metro area, as Travis County Civil Probate Division Director David Ferris had possibly indicated to me in latter 2001 when he stated to me on the phone during a local phone call I made to his county government office in downtown Austin from my rental apartment unit at that time in Building 16 at Wind River Crossing Apartments, "There appears to be an attempt by numerous persons in the Austin area to drive you (John Kevin McMillan) out of the Austin area"?

---Is there any official or "unofficial" policy by the City Government of Austin to allegedly "discourage" me or "punish" me or "medically injure" me or "physically abuse" me or allegedly "stalk" me for having myself chosen to reside in Austin proper during any cited time period?

--Has the City Attorney's Office in Austin obtained any evidence from any source other than myself which indicates that on AT LEAST ONE OCCASION in the four and one-third-year period since 12:01 a.m. April 17, 2011, I myself have, in fact, been physically abused and medically injured and sexually assaulted and robbed of REM sleep I would have otherwise benefited from, during a time period when I was asleep and lying alone on my own bed inside my bolt-locked private residence in Austin?

---Has the City Attorney's Office had any communications with APD Detective Brian Narciso of the APD Sex Crimes Unit in regard to APD Sex Crimes Case Number 15-1540423, a crime case for which he is the assigned investigator and for which I myself had filed a crime report with APD on June 3, 2015, and for which I myself had sought APD authorization for a forensic anal-rape exam on myself inside a hospital emergency room in north Austin to which I was transported at my request by EMS ambulance on the morning of June 3, 2015.

---Has any official of the City of Austin Law Department stated this year that he or she believes that the refusal of the City of Austin to insist on full and prompt laboratory processing by APD of the doctor-ordered anal-rape-evidence kit obtained from my own body on Dec. 22, 2011, for APD Sex Crimes Case Number 11-3550615---a rape-evidence kit reportedly still being maintained by APD at present at an APD substation in Austin---might comprise a legal liability for the City of Austin?

---Does it pose any concern at present to the City of Austin Law Department that the Public Integrity Unit of the Travis County District Attorney's Office and, in addition, two crime investigators for the Critical Incident Unit of the Travis County District Attorney's Office, have apparently reviewed or raised questions about some aspect of the City of Austin's conduct toward me in regard to the cited alleged continuous-and-continuing-sex-crimes and alleged continuous-and-continuing personal injury crimes case in which I myself am the single adult white male self-identified crime victim?

---Has any official of the City of Austin Law Department expressed any concern about possible or expected future damage to the City's statewide and nationwide and international reputation and the City's bond rating that might ever occur in a context relating to any current or expected future criticism of the City of Austin's conduct toward me that might ever be voiced by officials of other Texan cities, Travis County officials, officials of other Texas counties, the State Government of Texas, other U.S. states, the federal government, and foreign governments?

Thank you in advance for your prompt and very thorough reply letter providing me with any and all documents responsive to this public-information request from myself.

Sincerely and Best Wishes,

John Kevin McMillan, current criminal-law complainant and self-identified crime victim.

My current home address: (withheld from this blog, for personal security reasons)

My current home phone: (withheld from this blog, for personal security reasons)

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