Monday, February 29, 2016

TRAVIS COUNTY DA'S OFFICE LIEUTENANT MARK SMITH ON DEC. 23, 2015, ACCEPTS A CARBON-COPY OF A LETTER OF APPEAL FROM SELF-IDENTIFIED RAPE-CRIMES VICTIM JOHN KEVIN McMILLAN OF AUSTIN, SEEKING AN OFFICIAL APPEAL HEARING WITH AUSTIN'S AFRICAN-AMERICAN CITY MANAGER MARC OTT


(Editor's Note: Austin City Manager Marc Ott chose not to send any reply letter or reply E-mail communication in response to the following letter from John Kevin McMillan of Austin. In addition, City Hall staff members for Mr. Ott, including Alta Ochiltree, informed Mr. McMillan on the telephone that because Mr. Ott was very busy during that time period, no official appeal hearing with Mr. Ott could be scheduled for Mr. McMillan at any time in the foreseeable future. Nor has any representative for City Manager Ott ever contacted Mr. McMillan on any occasion in January or February of 2016 specifically in response to Mr. McMillan's request for an official appeal hearing with Mr. Ott.--- jkm)

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  12-23-15 request for an appeal hearing with you re: APD's 'Do Not Approve' policy on any rape-evidence exam requests from me (40)

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

To(:) Austin City Manager Marc Ott, Fox 7 (Austin TX) TV News, Austin American-Statesman Investigative Reporter Andrea Ball, KXAN TV News Investigations, KEYE Television News (Austin TX), Texas Rangers Division of DPS, Governor's Office of Texas Open Records Administrator, Texas Legal legal-aid service (2015), U.S. Department of Homeland Security, FBI Dallas Bureau, FBI Houston Bureau (2015), U.S. President Barack Obama, City of Austin Interim City Attorney Anne Morgan, Roger Dean, rudy.Magallanes@traviscountytx.gov, joe.ballesteros@traviscountytx.gov, Mark Smith, Lori Carter, Rob Drummond, carl.woody@traviscountytx.gov, Dayna Blazey, State Bar of Texas Exec. Dir. Michelle Hunter, Gregory Lucas, David Maxwell, david.escamilla@traviscountytx.gov, Texas DPS Office of General Counsel, Austin Mayor Steve Adler, Council Member Kathie Tovo, Sheri Gallo, Austin City Council Member Greg Casar (2015), Austin City Council Member Ora Houston (2015), Austin City Council Member Ann Kitchen (2015), Austin City Council Member Sabino Renteria (2015), Austin City Council Member Don Zimmerman (2015), Austin City Council Member Leslie Pool (2015), Austin City Council Member Ellen Troxclair (2015), Austin City Council Member Delia Garza (2015), (Travis County Sheiff) Greg Hamilton, KLRU TV News Editors, Austin Chronicle Editors, WashingtonPostLettersEditor, Rey Arellano, Heatly Jennifer (CMO), Joyful Heart Foundation for Rape Victims, Texas Association Against Sexual Assault (2015), Louisiana Foundation Against Sexual Assault, Rape Abuse and Incest National Network, Brennan Center for Justice

On Wednesday, December 23, 2015 8:44 AM, John McMillan wrote:

December 23, 2015

Dear Austin City Manager Ott at your office phone number in Austin of (512) 974-2200 and your office FAX number of (512) 974-2833,

A very distinguished and first-rate attorney member of the State Bar of Texas advised me yesterday that I have the legal option of requesting a hearing with you at City Hall in downtown Austin.

The cited purpose of that hearing will be for me to provide a formal in-person statement to you in which I will formally appeal the reported current official policy by the Austin Police Department that under no circumstances will APD ever at any time officially authorize any current or future Sexual Assault Forensic Exam on me that I might ever request at that current or future date.

I would also like to politely remind you, Mr. Ott, that in your very influential capacity as City Manager of Austin you did co-sign for a check to St. David's Medical Center to help pay for a doctor-ordered forensic rape-evidence medical exam on me that was conducted there during a visit of mine to that hospital's emergency room that began on the night of Dec. 21, 2011, and extended into the early morning hours of Dec. 22, 2011. That forensic rape-evidence exam on me was conducted by a female forensic nurse for APD Sex Crimes Case 11-3550615, with myself the complainant and cited victim in that case. (And you later chose NOT to ask APD to actually process the DNA-swab evidence from that particular late Dec. 2011 rape-evidence kit, a rape-evidence kit that still to this very day is reportedly being maintained as is at an APD substation in Austin --- parenthetical addition and clarification added on 2-29-16 by jkm to this 2015 legal letter to City Manager Ott.)

I hope to hear from you soon about this major and very alarming legal liability issue currently facing the City Government of Austin and the Austin City Council.

Sincerely and Best Wishes,

from former Texas Department of Public Safety state agency employee John Kevin McMillan.

My home address: Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apartment 902, Austin, Texas, 78759.
My home phone: (512) 342-2295.
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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