Monday, February 22, 2016

AUSTIN POLICE DEPARTMENT PUBLIC-INFORMATION COORDINATOR DON FIELD ON JUNE 21, 2011, CONFIRMS HE RECEIVED PUBLIC-INFORMATION REQUEST FROM JOHN KEVIN McMILLAN THAT REFERS TO AN ALLEGED ANAL-RAPE CRIMES CASE IN AUSTIN, TEXAS


(From:) John McMillan (at my personal E-mail address of: "mcmillanj@att.net")

(Date:) 06/24/11 at 12:45 p.m.

To: State Rep. Dawnna Dukes, State Rep. Mark Strama Civil Practices Vicechair, jason.isaac@house.state.tx.us, State Rep. Eddie Rodriguez (Austin area), State Rep. Elliott Naishtat, Office of the Attorney General of Texas Crime Victims Assistance, State Rep. Donna Howard, Texas Attorney General Open Records Coordinator, Governor's Office of Texas Open Records, Travis County District Attorney Rosemary Lehmberg, County Attorney David Escamilla, City Manager Marc Ott, Council Member Mike Martinez, Council Member Sheryl Cole, Council Member Laura Morrison, Austin Mayor Lee Leffingwell, Assistant to City Attorney City Attorney's Office (Julie.Brossette@ci.austin.tx.us)

On Friday, June 24, 2011 12:45 PM, John McMillan wrote:

Dear Very Distinguished Central Texan state lawmakers and City of Austin officials,

As a courtesy to each of you, I would like to share with each of you state legislators from Central Texas and Austin City Council members and other distinguished officials the following legal correspondence of mine with an official of the Austin Police Department that raises major legal issues for state and local government in our widely-respected Lone Star State.

Please feel free to share this item with any other government official whom you believe might have an interest in this legal matter.

I regard this criminal-law case and civil-law case as highly significant. This case relates to my emphatically asserted legal right to myself live alone (or, if I agree to a mutual-consent roommate at some future point, to myself reside with a roommate who would be provided by me with a separate bed I had purchased for him, a seprate bed on which he would be expected to himself sleep) inside my locked and bolt-locked and fully secured private one-bedroom apartment unit in Austin, this without my EVER AT ANY TIME being subjected to any physical contact or any sexual contact of any type from anyone (regardless of who that individual might be) during my nocturnal sleep or slumber, or at any time in which I am myself unconscious, in any context in which I am myself lying on a separate bed of mine on which I'm sleeping alone on that bed inside my bedroom of my apartment unit.

I wish to politely emphasize to each of you government officials that I have never had any invited overnight guests or invited overnight visitors inside my locked and bolt-locked and fully-secured one-bedroom apartment unit on any occasion in the entire period since I moved into this very nice apartment unit in Austin in January of 2002.

Thank you in advance for your very kind interest in this legal-liability issue facing the State of Texas, the City Government of Austin, and Travis County Government.

Sincerely and Best Wishes,

John Kevin McMillan of Austin.
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan

----- Forwarded Message ----

From: "Field, Don"

To: John McMillan

Sent: Tue, June 21, 2011 6:14:52 AM

Subject: RE: 6-19-11 APD Open Records request re APD Criminal-Law Case 11-1180447

Got it

From: John McMillan [mailto:mcmillanj@att.net]

Sent: Monday, June 20, 2011 5:01 PM

To: Field, Don; State Rep. Hubert Vo law enf com member; Law Enf. Agencies, Commission on Accreditation of; State Rep. Stephen Frost Law Enforce Member; State Rep. Solomon Ortiz law enf com member; State Rep. Alma Allen Law Enforce Member; State Rep. Donna Howard; StateSenatorKirkWatson; CountyCommissionerSarahEckhardt; Travis County Sheriff Greg Hamilton; Leffingwell, Lee; Ott, Marc ; TexasSecofStateExecutiveOffice; StateComptrollerSusanCombs; FreedomofInfoFdnofTexas; Physicians for Human Rights Officials; Human Rights Initiative (Dallas, TX); Carter Center for Human Rights; MITProgram on HumanRights&Justice; Attorney General of Mass. Public Inquiry and Assistance Division; Attorney General of Massachusetts; TDCJ Employee Relations Intake Officer; Texas Board of Pardons Paroles Ombudsman; TDCJ Ombudsman; Travis County Medical Society; TexasMedicalAssociation; AMA Council on Science and Public Health; AMA Council on Ethical&JudicialAffairs; AMA Foundation Exec Dir Churchill; ABA Fund for Justice and Education; Human Rights Watch Persecuted-Writers Fund Administrator; Texas Commission on Environmental Quality Civil Rights Office; U.S. Department of Education Civil Rights Office; U.S. Dept Labor Civil Rights Center; TWC Civil Rights Division Director; Texas Education Agency Civil Rights Complaints Office; National Center for Victims of Crime; Anti-Stalking Resource Center, Natl Center for Victims of Crime; Travis County Criminal Justice/Public Safety Director; Austin Police Association; Texas Municipal Police Association Public-Affairs Officials; National Assoc of Police Organizations; ACC Governmental Relations Office; ACLU of Texas; ACLU of Massachusetts; FederalCommunicationsCommission; privacyint@privacy.org; humanrts@umn.edu; UT-AustinAssocLegalVPLeeSmith; Massachusetts Dept of Public Safety; Massachusetts Medical Society (Waltham); Massachusetts Executive Office of Public Safety and Security (Boston); Journal of Crime and Justice; CBS News Story Ideas Editors

Subject: Fw: 6-19-11 APD Open Records request re APD Criminal-Law Case 11-1180447

Dear Austin Police Department Open Records Coordinator Field in Austin, Texas,

I would appreciate receiving a courtesy reply E-mail note from you, simply confirming that you have received the following (see below) Texas Open Records public-information request from myself.

Sincerely,

former Massachusetts resident and former TDCJ full-time employee as well as former Texas Board of Pardons and Paroles full-time employee John Kevin McMillan of Austin, Texas.
My home phone: (512) 342-2295.
My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.

John Kevin McMillan

----- Forwarded Message ----

From: John McMillan

To: don.field@ci.austin.tx.us; CountyAttorneyDavidEscamilla ; Texas Attorney General Public Information Officers ; Texas Attorney General Crime Victim Services Division ; Texas Attorney General Open Records ; "Governor's Office of Texas, Open Records Administrator" ; "City Attorney's Office, Austin, TX, Julie Brossette, Asst. to City Attorney" ; Travis County District Attorney Rosemary Lehmberg ; Travis County DA's Office Paralegal ; U.S. Dept of Justice ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Civil Rights Office Texas Health Human Services Commission ; Texas DPS Director Lamar Beckworth ; FBI National Academy Officials ; CountyJudgeSam Biscoe ; State Bar of Texas Exec. Dir. Michelle Hunter ; "Dr. David Tobey, ENT Specialist"

Sent: Sun, June 19, 2011 3:02:47 PM

Subject: 6-19-11 APD Open Records request re APD Criminal-Law Case 11-1180447

To: Mr. Don Field,
Open Records Coordinator,
Austin Police Department,
City Government of Austin,
715 East 8th Street,
Austin, Texas 78701.

Office phone number for APD Open Records Coordinator Field: (512) 974-5441.

June 19, 2011

Dear Open Records Coordinator Field,

This is a Texas Open Records request in which I seek to obtain from your municipal law-enforcement agency in Austin, Texas, a photocopy of any and all preliminary or, if applicable, final DNA medical test results that the Austin Police Department (APD) has received or obtained in connection with APD Criminal-Law Complaint 11-1180447 and the accompanying APD Criminal-Law report number 11-1471240------criminal-law reports that I myself filed with APD on April 28, 2011, and on May 27, 2011, respectively.

As part of those DNA test results, I am seeking to obtain from your law-enforcement agency the cited legal name and cited address of each and every person on whom DNA medical testing was conducted by or for APD in connection with this criminal-law case.

Also as part of this Texas Open Records request, I am seeking from you a photocopy of one to two pages of a legal document in APD's current files that cite and describe the nature of the alleged criminal offense in this case-----a criminal-law case that APD has told me has been classified as an alleged "forcible sodomy" case.

Also in connection with this Open Records request, I am seeking the name and cited residential address of each and every person who has been arrested and formally charged with a crime in connection with or in response to this criminal-law legal complaint from myself.

Detective David Silva of the APD Sex Crimes Division has helpfully confirmed for me on the telephone that APD has requested or ordered or conducted DNA medical testing on myself as well as on at least one other cited legal-status-adult individual in connection with this criminal-law case in which I am myself the cited complainant, according to Detective Silva. Detective Silva's APD office phone number is: (512) 974-5526.

Detective Silva has also helpfully informed me on the telephone that he has personally interviewed in person at least one legal-status-adult individual other than myself in connection with this criminal-law case.

The same Detective Silva helpfully assured me in person in May of this year that the Austin Police Department and City of Austin fully support and fully uphold and fully protect my own asserted legal right and my own asserted human right to myself enjoy full and year-round freedom from any and all sexual molestation of myself and any and all sexual penetration of myself, and any and all physical contact with myself, in any scenario that might ever allegedly or hypothetically occur at any time during my sleep during periods when I am sleeping alone on my own bed inside my fully locked and bolt-locked and fully secured apartment residence in Austin, Texas.

In June of this year, Detective Silva informed me on the telephone that the Attorney General of Texas state agency has established a policy prohibiting the Austin Police Department from conducting or sponsoring any additional follow-up DNA medical testing on me in connection with criminal-law complaint that I originally filed with APD on April 28, 2011. Detective Silva offered me that factual response on the telephone in explaining why his law-enforcement agency is not willing to order any additional DNA testing on my anus or anal cavity at this time.

I am a single adult gentleman, and I have never been married to anyone at any time. I have specifically permanently rejected numerous individuals of my past from my own personal life and life, and many of the individuals whom I've specifically and permanently rejected from my own life were or are homosexual, gay, effeminate male adult, bisexual, lesbian, transvestite, or transsexual in self-described or conveyed sexual or gender identity per se. The persons whom I have permanently and irrevocably rejected include a "Dan Hitt" or "Daniel Hitt" who reportedly resides or has resided in (northern)....California, and I have informed the Attorney General of Texas about my own permanent rejection of Dan Hitt and asssociates.

During the entire period since January 1, 2000, for instance, I have never once agreed to have sex with anyone or have any romantic or sexual physical contact of any type with anyone, or sleep or physically lie with anyone on the same bed, on any occasion.

The last occasion in which I ever had any mutual-consent sexual contact or any mutual-consent sex with any other legal-status-adult person anywhere in Austin , Texas ----or anywhere in Central Texas , for that matter--- occurred in December of 1979.

I have resided inside Austin, Texas, on a continuous and uninterrupted basis ever since mid-March of 1997, most recently.

In the period since mid-March 1997, I have repeatedly and in a civil manner expressed major concerns of my own about alleged violations of my own privacy rights, in phone calls I have made and letteers I have written and sent or E-mailed to private attorney members of the State Bar of Texas, officials of the State Bar of Texas, the Attorney General of Texas state agency, the Governor of Texas, the Austin Police Department, the City Attorney of Austin, the Travis County Attorney, the Travis County District Attorney, the Travis County Judge, the Federal Bureau of Investigtion, the U.S. Department of Justice, and numerous duly elected officials who represent me and serve me in government at the local, state, and federal levels.

One Travis County Government official, Travis County Civil Probate Division Director David Ferris, did volunteer to me on the telephone in late 2001, in a surprising disclosure he made with no apparent context to his remarks during a local phone call I had made to him from a two-bedroom apartment unit in northwest Austin (a nice apartment unit that I was living in and sharing with a roommate during that period), that "There appear to be lots of people in the Austin area who are trying to drive you (John Kevin McMillan) out of town" (approximate quote).

In the period since late 2001, Mr. Ferris has never provided me with any subsequent factual criminal-law or civil-law evidence on behalf of his unsolicited telephone observation to me indicating alleged possible harassment of myself or alleged possible violations of my own privacy rights in Austin , Texas , during that time period.

One medical physician, Dr. David Tobey, a nationally renowned ear, nose, and throat specialist, has statistically documented ever since 2005, when he first began examining me and evaluating my heaing capacity inside his medical clinic in northwest Austin, significant permanent and irreversible noise-pollution-inflicted damage to my own hearing capacity and medical health that I have sustained over a multi-year period in Austin, Texas-----all in a context in which Dr. Tobey has emphasized that I myself did not request or generate or authorize or cause the cited continuous and year-round noise pollution in Austin, Texas, Dr. Tobey has repeatedly assured me.

Thank you in advance, Mr. Field, for your helpful response to this Open Records request from myself.

Sincerely and Best Wishes,

John Kevin McMillan, a former full-time Texas Department of Public Safety full-time employee in Austin.
My mailing address: 11411 Research Boulevard, Apt. 325 , Austin , Texas , 78759 .
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

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