Thursday, July 28, 2016

AUSTIN CITY COUNCIL MEMBER ANN KITCHEN, A FORMER STATE LEGISLATOR, POLITELY ACCEPTS A MARCH 9, 2015, E-MAIL PLEA FOR ASSISTANCE FROM SELF-IDENTIFIED ANAL-RAPE-CRIMES VICTIM JOHN KEVIN McMILLAN OF AUSTIN, TEXAS




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

To Austin City Council Member Ann Kitchen (2015) (at an official e-mail address for Ms. Kitchen of: "ann.kitchen@austintexas.gov")

(Date and time:) 3-9-15 at 10:07 a.m.

(Subject:) ORR #1-01550 (5)

On Monday, March 9, 2015 10:07 AM, John McMillan wrote:

Dear Council Member Ann Kitchen,

Thank you for having taken the time to meet with me in person at the Texas Legislature to discuss concerns of mine during your prior period of service as my duly elected state representative here in Austin. I hope that I came across as polite during that meeting we had in which a male staff member (?) of yours was asked by you to stand beside you during our brief meeting that day at your Legislative office.

Council Member Kitchen, I apologize for my absent-minded typographical error in which I typed an incorrect first name for yourself when I attempted a few days ago to share with you a copy of this e-mail correspondence of mine with the Austin Police Department.

I am very hopeful that (you) will also be disappointed and alarmed by the repeated refusal by APD to conduct lab tests on the doctor-ordered forensic anal-rape-evidence kit obtained from my own body at my request in late December 2011 at St. David's. That forensic exam was, in fact, officially approved by the City of Austin and by the Attorney General of Texas, and I have legal documentation on that if you would like me to share that with you.

If you are willing to contact APD and politely request those lab tests for me, I feel very hopeful that APD WILL finally conduct them. APD has stated to me in the past that no public official, and no private citizen other than myself, has ever asked them to pursue those lab tests at any time.

I will be willing to accept full financial responsibility myself, if need be, for the cost of that lab testing that APD and the City of Austin would incur. In that regard, I have been informed in the last several days by a banker in the midwest that I should be receiving a significant amount of money sometime this year from the sale of my grandfather's farm and estate. That money should enable me to pay in full for those lab tests at that time.

I politely insist on pressing criminal-law charges as soon as possible here in Austin against any and all persons other than myself, regardless of who they are (current or former relatives or roommates or neighbors or coworkers or classmates or "coreligionists," etc.) and regardless of their marital status or age or socioeconomic status or ethnic identity or national identity or racial identity or "religious" identity, whose DNA trace is identified through that lab testing by APD on my behalf.

I have been completely CELIBATE, with ZERO sexual contact between myself and any other human being, or any animal or beast, for that matter, throughout any and all of my own conscious or waking hours ever since and including the day when I moved into my current top-floor, vaulted-ceiling, four-total-room rental apartment unit, Apartment 325, at Wind River Crossing, in January 2002. I always sleep ALONE on my own bed, I never have any overnight "visitor" or invited "guest" inside my apartment unit, and I have NEVER at any time ever once on any occasion ever directly seen with my own eyes at that time any person other than myself actually physically situated on my own orthopedic Swedish bed inside my bedroom. In recent years, have obtained numerous infrared-camera images of alleged possible illegal intruders in my bedroom during my bedtime hours, and numerous persons have agreed with me that some or several of those images appear to be of someone OTHER than myself. APD so far has refused to accept any of my infrared-photography video cards as possible crime evidence on my behalf.

Thank you in advance for your very kind assistance on this.

Sincerely and Best Wishes,

John Kevin McMillan.

My home phone: (512) 342-2295.
My home address: 11411 Research Boulevard, Wind River Crossing, Building 3, Apartment 325, Austin, Texas, 78759. P.S. Council Member Don Zimmerman, who represents my district, appears to not be willing to assist me on this very important legal-liability issue for the City of Austin, based on what one of his aides, Trent Pool, has told me.

John Kevin McMillan

On Monday, March 9, 2015 7:34 AM, "Moore, Renee" (at that Austin Police Department Public Information Coordinator's official E-mail address of: "Renee.Moore@austintexas.gov") wrote:

Mr. McMillan –

No testing has been done of the DNA test kit submitted in December 2011, thus there are no results.

Renee Moore
Open Records
Austin Police Department

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

Sent: Saturday, March 07, 2015 7:23 AM

To: Moore, Renee; rob.drrummond@traviscountytx.gov; rudy.magallanes@traviscountytx.gov; dayna.blazey@traviscountytx.gov; Dallas County Attorney's Office; Dallas City Attorney's Office; Dallas City Manager A.C. Gonzalez; Dallas Police Chief David Brown; Dallas - Fort Worth Realtors Association; karen.kitchen@austintexas.gov; Casar, Gregorio; Pool, Leslie; Cardenas, Nancy; Alexander, Jason; Ott, Marc; Texas Rangers Division of DPS; U.S. Department of Homeland Security; michelle.hunter@texasbar.com; Public Information; gregory.lucas@texasattorneygeneral.gov; publicrecords@gov.texas.gov; sarah.eckhardt@traviscountytx.gov; david.escamilla@traviscountytx.gov

Subject: Re: ORR #1-01550

Dear Austin Police Department (APD) Open Records official Renee Moore,

Thank you for your reply e-mail letter (below) in response to my January 23, 2015, public-information request to APD that you have identified as ORR #1-01550.

I would like to politely point out that your reply E-mail letter does not specifically state to me at this time whether APD still as of 1:35 p.m. yesterday, March 6, 2015, (the date and time when you sent me that reply e-mail) had no lab results and no DNA-trace findings of any type from the cited late December 2011 doctor-ordered forensic-exam kit relating to APD crime case number 11-3550615 in which I am the cited complainant and I was the anal-rape-crimes victim on Dec. 21, 2011, inside my bolt-locked rental apartment unit.

That forensic exam kit was a kit for which City Manager Marc Ott cosigned a check to St. David's, a copy of which I have been provided in 2015 by the Attorney General of Texas. The Attorney General of Texas has also informed me in writing this calendar year that that state agency financially compensated the City and APD on that payment to St. David's from the City.

I remain hopeful that the City's and Attorney General's official approval of the cited forensic exam would help to persuade APD to pursue full lab processing on the cited forensic exam kit as soon as possible.

In the meantime, Ms. Moore, can you at least assure me in writing that APD is still storing the cited forensic exam kit at an APD substation here in Austin?

I am posing this question to you partly because I did receive a signed certified-delivery legal letter addressed to myself from Travis County Assistant District Attorney Rob Drummond in September 2014, in which that Travis County DA's Office prosecuting attorney assured me in writing that the Travis County District Attorney's Office has asked APD to continue storing or maintaining that entire rape-crime evidence kit here in Austin.

Thank you in advance for your helpful reply letter to me addressing both of those two points I have brought up today.

Sincerely and Best Wishes,

John Kevin McMillan, a dependably civil and law-abiding, gainfully-employed, longtime-celibate-by-choice (I have been completely and always celibate throughout any and all of my conscious or waking hours anywhere and everywhere I have been situated or visited, ever since and including the date when I moved into Apt. 325 as an official tenant here in January 2002), permanently alcohol-free and illicit-drug-free and tobacco-free, single adult white male complainant.

My home address: 11411 Research Boulevard, Wind River Crossing (a Westdale-owned and Westdale-managed apartment complex), Building 3, Apartment 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com

with a courtesy carbon-copy to City of Dallas officials, who I feel very sure would also want to obtain a copy of all rape-evidence results from that particular late December 2011 forensic-rape-evidence kit that APD is reportedly continuing to store at an APD substation in Austin. The City Government of Dallas very likely has a particular interest in this crime case, primarily because the apartment complex where I myself reside as an official tenant is itself owned and managed by a for-profit corporation (Westdale) that is headquartered in Dallas.

John Kevin McMillan

On Friday, March 6, 2015 1:25 PM, "Moore, Renee" wrote:

Reference is made to your January 23, 2015 request for a copy of any and all lab-processing results and any and all accompanying identifications of possible crime suspects identified from DNA trace evidence that APD obtained in late December 2011 from a forensic examination conducted on you.

You previously requested this same information in ORR 2-03484, 2-04614, 4-08283, 4-09884, 4-09987 and 5-10270. In all instances, you were advised that no testing was done of the DNA kit.

You additionally requested any communications received by the Austin Police Department from anyone since April 17, 2011 asking or requesting that APD not pursue full and comprehensive lab processing of the DNA kit.

A thorough search of records provided no responsive information.

Renee Moore
Open Records
Austin Police Department

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