From: John McMillan (at cited E-mail address of mcmillanj@att.net)
03/30/14 at 12:22 a.m.
To: lori.carter@co.travis.tx.us, U.S. Department of Homeland Security, mariela@brattonfirm.com, rob.drummond@co.travis.tx.us
On Sunday, March 30, 2014 12:22 AM, John McMillan
Please note the following legal letter of appeal that I wrote and E-mailed on July 14, 2012, to Texas Attorney General Gregory Abbott in response to the very surprising written refusal by the Office of Police Monitor of the City of Austin to investigate my formal legal complaint through the latter office against APD Sex-Crimes Unit Detective David Silva.
Please note that the following legal correspondence of mine does contain additional information relating to the doctor-ordered forensic exam on myself that was performed on me in the early morning hours of Dec. 22, 2011, by a female forensic nurse in the emergency room of the St. David's Medical Center that's situated near the Law School of The University of Texas at Austin.
I hope that this additional documentation is helpful on behalf of my Travis County DA's Office Public Integrity Unit Complaint Number 9655-13, which the Honorable Prosecuting Attorney Rob Drummond is currently reviewing.
Sincerely and Best Wishes,
John Kevin McMillan, crime victim and complainant.
My Home Address: 11411 Research Boulevard, 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: Kurt Liptak KVUE News
Sent: Friday, August 10, 2012 4:16 PM
Subject: Fw: 7-14-12 supporting evidence for my appeal re: Office of Police Monitor
FYI, with your prior much-appreciated OK on my sharing these infrared-photography photos with you on this,
from John Kevin McMillan, complainant.
Home phone: (512) 342-2295.
John Kevin McMillan
--- On Sat, 7/14/12, John McMillan
From: John McMillan
Subject: 7-14-12 supporting evidence for my appeal re: Office of Police Monitor
To: "Texas Atty Genl Open Records Coordinator"
Date: Saturday, July 14, 2012, 9:06 PM
Dear Attorney General Abbott in the Office of the Attorney General of Texas in Austin,
Please note the attached infrared motion-sensitive spy-camera photos taken from inside my bolt-locked one-bedroom apartment unit at Wind River Crossing during my bedtime hours, along with accompanying legal correspondence of mine, as supporting evidence.
That supplementary legal evidence is on behalf of my formal appeal through your state agency that I wrote and E-mailed to you today in regard to the Office of the Police Monitor's alleged refusal to investigate my complaint that I officially and formally filed with that office of the City of Austin on June 22, 2012. That complaint from myself was in regard to Detective David Silva of APD's Sex Crimes Unit.
Sincerely and Best Wishes,
John Kevin McMillan, complainant.
11411 Research Boulevard (Wind River Crossing Apartments), Apt. 325 (Buidling 3), Austin, Texas, 78759.
Home phone; (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
--- On Sun, 6/24/12, John McMillan
From: John McMillan
Subject: Item V re: my complaint vs. Det. David Silva
To: "Office of the Police Monitor"
Date: Sunday, June 24, 2012, 11:52 AM
Dear Office of the Police Monitor Staff Member Sonia,
Below, please find the E-mail letter that I sent to your office about a month before I officially FAXed to you the properly completed complaint form from myself on June 22, 2012, in regard to this legal complaint of mine against Detective David Silva of APD's Sex Crimes Unit.
I hope that this additional documentation on behalf of my complaint is helpful to you and your office.
Sincerely and Best Wishes,
John Kevin McMillan, complainant.
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
--- On Fri, 5/18/12, John McMillan
From: John McMillan
Subject: 5-18-12 complaint re: Detective David Silva
To: police.monitor@ci.austin.tx.us, district.attorney@co.travis.tx.us, "John Schlueter"
Date: Friday, May 18, 2012, 3:14 PM
Dear Office of the Police Monitor Officials with the City Government of Austin,
I have been advised by a kindly and very distinguished private attorrney member of the State Bar of Texas to send your Office of the Police Monitor this letter of appeal in which I am urging a full review of any and all conduct toward myself, John Kevin McMillan of Austin, by Detective David Silva of the Austin Police Department during the entire period ever since and including April 28, 2011.
In this letter, I am also respectfully raising the question of whether Detective David Silva of the Austin Police Department's Sex Crimes Unit told the truth to the Austin Police Department in a cited context.
Please note that Detective Silva stated in writing in a recent report of his about crime complaints I'd filed with APD, that all of the spy-camera photographs I've obtained inside my own bolt-locked apartment unit at Wind River Crossing in northwest Austin are allegedly spy-camera photos of myself, John Kevin McMillan, and no one else, according to Detective Silva.
I would like to ask the Office of the Police Monitor to please review the attached examples of spy-camera photos I've obtained ever since February 2012 inside my apartment unit----nearly all or all of these photos having already been provided by me to APD officers, and to Detective Silva, I might add.
I would like to respectfully ask you whether you agree or disagree with Detective Silva's "all of them are photos of John Kevin McMillan" (not exact quote) finding.
I would also like to politely remind your Office of the Police Monitor that I did not purchase my first-ever infrared motion-sensitive "Wildview" spy camera until February 2012. All of these photos are therefore from the time period ever since and including February 2012.
I purchased that spy camera for myself at a nearby Academy store in northwest Austin, and I have kept the sales receipt on that purchase I made on behalf of documenting my repeated allegation that one or more persons have allegedly entered my bolt-locked apartment unit in an illegal manner on their part.
I would also like to politely point out that some of the attached spy-camera photos taken from inside my own apartment unit, nearly all of them from inside my private bedroom, were possibly or apparently taken at a time when I had myself gotten out of bed in the middle of the night to either use the bathroom (I simply urinated) or walk to the kitchen of my apartment and drink a beverage, or to walk around my apartment unit in order to check for any alleged possible illegal intruder inside my apartment unit.
On nearly all of those types of cases, I got out of bed in the middle of the night after I was rudely awakened while lying alone on my bed. On each such occasion, I once again sensed on my bed from physical pain in my anus or my legs, for instance, that an illegal intruder inside my bedroom had allegedly attempted to injure me or medically harm me during my nocturnal sleep, with myself unconscious and probably snoring at the time.
I would also like to take this opporunity to politely and respectfully question the apparent decision by Detective David Silva of the Austin Police Department to refuse to order any lab testing on the very extensive and cmprehensive DNA medical swabs that were performed on several parts of my body, including my anus and my groin area and my chest and my mouth, in the early morning hours of December 22, 2011, by a female forensic nurse in the emergency room of St. David's Medical Center near UT-Austin.
I had filed a criminal-law complaint with APD on December 21, 2011, and a police officer had assured me in person at my apartment unit that same day that I have the option of myself traveling to St .David's Medical Center later that dayon my own and requesting on my own a SANE or SAFE exam on my body in connection with that criminal-law complaint from myself.
Detective Silva later stated in writing that that SANE exam on myself was NOT pre-approved by APD. However, I would like to emphasize that even at St. David's Emergency Room I advised the medical staff there that I would definitely want them to FIRST contact APD for prior approval before any SANE exam on myself was conducted there during that visit by myself. I was led to believe at St. David's that APD did apparently authorize that SANE exam of myself over the telephone.
Please let me know if you need the APD criminal-law report numbers for any of the numerous crime-report complaints I filed with APD ever since April 28, 2011.
Finally, as a courtesy to the City of Austin and the Office of the Police Monitor, I am sharing with you a carbon-copy of the recent letter of complaint to Travis County District Attorney Rosemary Lehmberg about this crime case that I wrote and sent several days ago.
Please let me know if you will need a sworn affadavit from me in regard to my cited concerns about possible unethical or allegedly dishonest or allegedly unprofessional conduct toward myself by Detective David Silva----a detective who has admitted to me that he has NEVER once even visited the scene of these alleged ongoing and daily crimes that allegedly have been repeatedly victimizing myself, a single adult law-abiding gentleman, during my sleep inside my bolt-locked apartment unit at Wind River Crossing Apartments.
Finally, I would like to point out that APD Officer Vrba (Employee number 4874) at about 2 a.m. this morning very helpfully inspected the crow-bar security lock to my approximately 7-feet-tall (8-feet tall?) sliding glass-door extending across nearly the entire length of my private bedroom and directly abutting an outdoor open-air balcony that is itself accessible on foot by anyone visiting Wind River Crossing Apartments. An outdoor stairway leads up to that balcony.
APD Officer Vrba stated to me this morning during his visit to my apartment that the cited security measures added to that sliding glass door by the maintenance staff at Wind River Crossing were NOT properly installed, and had several noteworthy flaws for which prompt corrections are needed, he advised me in person. I have since contacted Wind River Crossing management today to ask that a maintenance staff member make those corrections for me, which should possibly help to improve security for myself inside my bolt-locked apartment unit.
The APD criminal-law report I made to an APD 311 staff member that prompted Officer Vrba's visit to my apartment early this morning was APD Report Number 12-1390167. I appreciated Officer Vrba's repeated statements to me inside my apartment unit today that he agrees with me that I definitely DO not seek to harm myself or anyone else, and that I am civil and honorable, he also indicated. Officer Vrba also kindly volunteered to me that he has known me for years in connection with my being a dependable and honorable waiter in restaurants here in Austin, he indicated.
Please do not hesitate to contact me if you have any additional questions.
Sincerely and Best Wishes,
John Kevin McMillan, consistently civil and law-abiding, gainfully-employed (nearly every day of the week), single adult male criminal-law complainant with APD.
My mailing address: 11411 Research Boulevard (Wind River Crossing Apartments), Apt. 325 (Building 3), Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
--- On Fri, 5/11/12, John McMillan
From: John McMillan
Subject: 5-11-12 appeal to District Attorney re: crime case
To: "Travis County District Attorney Rosemary Lehmberg"
Date: Friday, May 11, 2012, 5:24 PM
Dear District Attorney Lehmberg,
A very distinguished attorney member of the State Bar of Texas has helpfully advised me today to contact your office in Austin and share with you several of the infrared-photography spy-camera photos I've obtained from inside my bolt-locked one-bedroom, top-floor, vaulted-ceiling apartment unit ever since I purchased my first-ever infrared spy camera in February 2012 here in Austin.
Attached, please find numerous examples of spy-camera photos taken on my behalf inside my bolt-locked apartment unit at Wind River Crossing Apartments in the time period since, and including, February 2012. Please note that I had considerable difficulty with trying to set the times and dates for my infrared "Wildview"-brand spy-camera (and I have since purchased a second spy-camera of the same type that I'm also using, and for which I also have a receipt from a nearby Academy store in northwest Austin), so the cited dates and times on nearly all of these photos will not be accurate.
I am sharing this criminal-law evidence with you primarily because the Austin Police Department has stated to me in writing in a recent prior week, according to legal documents from official APD reports about criminal-law complaints I've filed, that ALL of the dozens of spy-camera photos and accompanying videocards that I have provided to APD officers in 2012 are photos of myself (John Kevin McMillan) only, and no one else, according to APD.
District Attorney Lehmberg, I feel very confident that the attached criminal-law evidence from myself contains several spy-camera photos that are definitely NOT of myself, and I wish to press charges accordingly.
Some of the attached photos may be of myself attempting to set up my spy camera or adjusting the location of my spy camera or grabbing my spy camera in order to examine the most recent photos it obtained for me. However, you will notice a variety of facial sizes and facial features, and a variety of body sizes and body shapes, that underscore the accuracy of my emphatic contention that several of these photos are NOT of myself.
I never have any invited late-night guest or any invited late-night visitor inside my apartment unit after midnight. The photos are ALL or nearly all photos that were taken on my behalf between the hours of midnight and 9 a.m. in the morning, depending on the day when each of the attached spy-camera photos were taken from inside my bolt-locked apartment unit.
I would also like to point out that nearly every day ever since 2011, I have been collecting numerous hair follicles and other tiny odd items (including dark black specks and mysterious yellowish specks) from my Swedish bed that I find there shortly after I wake up in the morning. That Swedish bed is a bed on which I have always slept alone ever since I purchased that bed in 2007, and on which NO ONE has ever at any time been authorized to be on that bed of mine.
Each morning or day when I collect that criminal-law evidence from my Swedish bed, I place those hair follicles and other items in a separate sealed envelope for each applicable date. Many of those hair follicles I've collected using tweezers are thick black or thick very dark hair follicles, sometimes with a reddish tint to those hair follicles. My own hair color is brown and gray, and has no reddish tint at all, and my hair follicles are thin in texture, rather than thick. Also, many of the hair folllicles I collect nearly every day from my Swedish bed are curly and appear to definitely be pubic hairs----this despite the fact that I always sleep with my underwear on.
I have been completely celibate throughout all of my waking or conscious hours in Austin, Texas, ever since December 1979. Also, I lead a completely illicit-drug-free (ever since 1984, in the absence of any prior addiction),completely tobacco-free (lifelong) and completely alcohol-free (ever since 1990, in the absence of any prior addiction), consistently civil, tattoo-less, facially-cleanshaven (no mustache or beard or goatee, etc.), clean-talking (virtually no profanity ever verbalized to others by me), and law-abiding lifestyle.I have no criminal-conviction record, and no pending charges against me, either.
I feel that I am a very strong complainant on my own behalf. I welcome the opportunity to tesitfy in a court of law as soon as possible here in Austin about the hundreds of hours of sleep, including REM sleep, that I have lost ever since April 2011 because of one or more alleged illegal intruders who allegedly entered my apartment unit illegally and somehow woke me up in the middle of my sleep without their being directly visible to me. I have often been awakened with pain in my anus, often so severe that it took me a half-hour just to recover from the pain in order to fall back to sleep on my bed in the middle of my sleep. I have also experienced pain in my anus when I get up in the morning, along with pain in my legs, pain in my hips, and pain in my abdomen on numerous occasions in recent months when I get out of bed. I have reported to the Austin police and showed police officers evidence of mysterious cuts and bruises to my legs and arms that I maintain I myself definitely DID NOT incur at any of my three restaurant workplaces (Outback Arboretum, situated virtually "across the street" from my apartment complex where I reside; ...(a corporate-owned cafeteria near Lakeline Mall in far northwest Austin, with the owner of that cafeteria being a Houston-based restaurant-industry for-profit corporation); and Denny's Lakeline), and that I did not recall having incurred on my own, either. I have a very strong will to live, and to enjoy a full and fully vital medical lifespan for myself; and I do not seek to harm myself or anyone else, I wish to emphasize.
I have lived alone inside my apartment unit ever since late May 2011. In late May 2011, I conveyed a permanent and irrevocable and law-abiding and civilly-stated rejection of my most recent previous roommate, a self-described "citizen of Indonesia" who stated that his name was "Sandjaja Utama." He reportedly was employed by Pearson educational testing services in northwest or north Austin during the period (from mid-April until late May 2011) in which he resided with me, and his cited "employment information" was provided to me in a letter I received from an HR officer for Pearson educational testing service.
I do not have any relationship of any type with Pearson, and neither Pearson nor any of its current or former employees are authorized to violate my own privacy rights in any way. I have not spoken with Sandjaja Utama or met with him in person or received any E-mail letters or phone calls from him or made any phone call to him, for that matter, on ANY occasion since he moved out of Apartment 325 at Wind River Crossing in late May 2011.
District Attorney Lehmberg, I would appreciate learning from you how you plan to proceed with this criminal-law case in which I am the sole victim. I emphatically allege that the continuous crimes involving physical injury and medical injury to myself by illegal intruders during periods in which I am sleeping and snoring on my Swedish bed inside my bolt-locked apartment unit do, in fact, comprise a felony crime by any and all of those illegal intruders.
I hope to hear from you soon about this major criminal-law case that poses a major legal liability for the City Government of Austin as well as for Travis County Government.
Finally, I would also like to take this opportunity to remind you that the Austin Police Department has refused to do any lab testing on the extensive DNA medical swabs that were taken at my request from several parts of my body during the early morning hours of December 22, 2011, by a female forensic nurse inside the emergency room of St. David's Medical Center near the University of Texas at Austin. Those DNA swabs were taken from my body a matter of hours after I complained to APD on December 21, 2011, that I had been physically assaulted during my nocturnal slumber, with myself asleep and probably snoring at the time, inside my bolt-locked apartment unit at Wind River Crossing.
It seems to me that the Austin Police Department may be allegedly or possibly guilty of obstruction of justice, because of APD's refusal to fully investigate this ongoing crime case in which I am the victim.
Sincerely and Best Wishes,
John Kevin McMillan, a former full-time employee of the Texas Department of Public Safety state agency in Austin, a former full-time employee of the Texas Board of Pardons and Paroles state agency in Austin, and a former full-time employee of the Texas Department of Criminal Justice state agency in Austin.
My mailing address: 11411 Research Boulevard, Wind River Crossing Apartments, Apt. 325 (Building 3), Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
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