Wednesday, August 10, 2016


John McMillan (at "")

To State Rep. Donna Howard Constituent Services Dr. Scott Daigle State Rep. Donna Howard Texas DPS Director Lamar Beckworth

(Date and time:) 8-15-11 at 4:45 p.m.

(Subject:) 8-15-11 legal evidence re: State of Texas previous response to the cited crime (5)

On Monday, August 15, 2011 4:45 PM, John McMillan wrote:

Dear Scott and Rep. Howard,

I would like to thank Scott Daigle, your polite Constituent Services Director, for authorizing me today on the telephone to E-mail to each of you State of Texas officials the following legal evidence I've obtained and noted. That legal evidence, contained in a follow-up letter I sent in mid-July 2011 to Detective David Silva of APD's Sex Crimes Division, refers to prior alleged very severe and injurious abuse of me by a State of Texas agency in 1990 in regard to my criminal-law report of alleged forcible sodomy victimizing me during my nocturnal slumber inside my locked apartment unit in Big Spring, Texas.

I maintain that the State Government of Texas has incurred a very sizable legal liability in regard to what I allege has been continuous illegal forcible sodomy victimizing me on a year-round basis everywhere in Texas where I have resided, nearly always alone at the time, inside my locked apartment unit or locked rental home during the entire multi-decade time period since I moved back to Texas in January 1988.

For that and other reasons, I maintain that the Texas Department of Public Safety state agency should conscientiously and very diligently expedite the DPS's processing of the DNA medical tests performed on my own anus on April 28, 2011, and, later, on a cited possible suspect in May 2011, in connection with the current sex-crime case that APD is investigating in which I am the complainant.

Best Wishes from a former full-time Texas DPS employee in Austin,

John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.

John Kevin McMillan

----- Forwarded Message ----

From: John McMillan


Sent: Wed, July 13, 2011 2:33:26 AM

Subject: 7-13-11 follow-up note re: our phone conversation this Tuesday

To: Detective David Silva, Sex Crimes Division lead investigator in APD criminal-law case number 11-1180447.

Dear Detective Silva,

Thank you again for taking the time to talk with me this Tuesday on the telephone about the criminal-law complaint of alleged "forcible sodomy" that was filed by myself with the Austin Police Department on April 28, 2011.

As you know, Detective, I have been very careful to refrain from stating to you or any other APD officer at any time that I myself am alleging that any particular cited individual is, in fact, the person who allegedly subjected me to sexual contact or physical contact or sexual molestation or physical torture or physical abuse of any type during my nocturnal sleep inside my locked and bolt-locked apartment unit in northwest Austin.

Since I sleep soundly when I am asleep, and I generally snore while sleeping, in fact, I of course cannot myself state that I directly observed any cited individual allegedly having any physical contact with me or allegedly having sexual contact with me of any type during a time period in which I was, in fact, unconscious while sleeping alone on my Swedish-designed orthopedic bed inside my apartment unit in Austin.

In regard to the surprising questions about a 1990 psychiatric commitment imposed on me in Big Spring, Texas, against my wishes that a colleague of yours, APD Officer Wallace (APD Officer 2289), emphatically posed to me inside my apartment unit on Friday, July 8, 2011, with himself being accompanied during that visit by APD Officer 5196 (another male officer), I would like to politely and respectfully respond to those questions at this time.

I will be happy to provide your law-enforcement agency with a photocopy of all of the more than 100 pages of official State Government of Texas medical records on me relating to the multi-week period of spring 1990 in which I was confined against my wishes to involuntary psychiatric confinement inside Big Spring State Hospital in Big Spring, Texas, and then transferred from there to Austin State Hospital in Austin, Texas, in spring 1990 for continued involuntary confinement inside that psychiatric facility in Austin that's also owned and operated by the State Government of Texas.

In 1995, I received those official "state hospital medical records" from the Texas Department of Mental Health and Mental Retardation in response to a public-information request of mine dated September 30, 1995, in which a private attorney assisting me at that time, Roy Fuller of Baytown, Texas, received copies of all those documents on my behalf from that state agency.

As I tonight glance through those legal documents relating to my period of involuntary confinement at Big Spring State Hospital and Austin State Hospital in 1990, I find the following entires to be possibly noteworthy (and some of these entries are handwritten by State of Texas employees and are also difficult to read for that reason):

---"4/5/90 ....cream (applied) to (John Kevin McMillan's) groin lesion (from bruises)...."

---"Psychiatric evaluation...(no dated cited on that page): "Last night (Big Spring) police called...'people would come through my walls' and have rectal intercourse while I'm asleep."

---Nursing Assessment," dated 12:10 p.m. 3-31-90: "patient reported to (Big Spring) police that someone had put bruises on his groin area while he was asleep. Found pubic hairs in his bed that he believes belong to someone else."

Nursing Assessment, Continuation Form, dated 3-31-90: "(John Kevin McMillan) states that he found pubic hairs in his bed which are a different color from his and thus had to belong to someone else. Also had a 'rash' or bruise on his groin area which he believes someone inflicted on him while he was asleep. States that he has even taken measures to ensure that someone is not entering his apartment while he is asleep and that is to have installed 'dead-bolt' locks on all his doors and 'sealed' all his windows...He does not think that (Big Spring) police should have used his 'report' as a basis for seeking his admission to his (state psychiatric hospital in Big Spring, Texas).
"Bonifario (sp?) Salazar, RNC, MSW, 3-31-90, 12:28 p.m."

Medical History/Review of Symptoms: "No alcohol or drug problem." Signature of cited State of Texas employee illegible, dated 3-5-1990, 3:45 p.m.

Multidisciplinary Case Conference, signed by Trisha Boyles, M.A., P.A., Psychologist, among other State of Texas employees, and dated April 5, 1990: "Prior to admission (into Big Spring State Hospital) Mr. McMillan repeatedly stated that 'people are coming through the walls (of my duplex apartment unit in Big Spring, Texas) and having sex with me'."

Multidisciplinary Treatment Plan, dated 3-31-90, and apparently authored by or on behalf of Marilyn Clark, M.A., at Big Spring State Hospital: "PROBLEM/NEED: patient suspicious of others, thinks that someone has been coming into his apartment while he is asleep and had inflicted some kind of 'rash' or bruises on his groin area. He feels that he has to protect himself from these unknown individuals by putting 'dead bolt' locks on doors and sealing his windows."

Discharge/Furlough Summary, dated April 26, 1990, and written and submitted by Dr. Len Dan Kerr, head psychiatrist assigned to my own case at Big Spring State Hospital: "..."Problem A was defined as the patient (John Kevin McMillan) is suspicious of others. He thinks that someone has been coming to his apartment (in Big Spring) while he is asleep and has inflicted some kind of rash or bruises in his groin area. He feels that he has to protect himself from these unknown individuals by putting dead bolt locks and sealing his windows."

"Objective Key", no date cited: ""A(:) Mr. McMillan will demonstrate an improvee (sic) ability to interpret and interact with others without exhibiting exaggerated fears or aggression towards others."

March 30, 1990, dated "Progress Notes" from Trisha Boyles, a psychologist, at Big Spring State Hospital: "Dr. (James) Webb diagnosed Mr. (John Kevin) McMillan as Schizophrenia, Paranoid type. However, this writer does not see any manifestations of any psychotic disorder. Mr. McMillan was quite pleasant to talk with, however, at times, he tended to be vague."

March 31, 1990, 12:10 a.m.: Progress Notes, written by Bonefario Salazar, social worker, at Big Spring State Hospital: "(Patient) denies any homocidal (sic) or suicidal thinking and has never been 'aggressive' towards anyone. He finally did admit to some thinking that he had found 'pubic hairs' in his bed of a different color than his and that he found a 'rash' or bruise on his groin area and he suspected that someone had inflicted these on him while he was asleep. He states that he filed a report with the (Big Spring) police as advised by his attorney (Drew Mouton of Big Spring, information added by myself, John Kevin McMillan, on July 13, 2011) and as a result of this report, he was committed to the hospital. No aggressive behaviors seen."

April 3, 1990, 11:20 p.m. Progress Notes: "...he (John Kevin McMillan) obviously is having the delusion that people are coming through the walls (of his duplex apartment in Big Spring, Texas) and having sexual intercourse while he is asleep....This patient appears to have absolutely no insight into his difficulties. All he can talk about is trying to sue myself (Dr. Len Dan Kerr, chief psychiatrist assigned to the case in Big Spring) and the state (State Government of Texas) for keeping him locked up here against his will."

Progress Notes, dated April 5, 1990, 3:05 p.m., written by Trisha Boyles, psychologist, at Big Spring State Hospital: "Mr. McMillan continues to believe that unknown persons have come into his apartment (in Big Spring) during the night and had sex with him. When questioned about this, he stated that he is a very sound sleeper and does not know about it until the next morning because he is 'sore'. Mr. McMillan is clearly manifesting paranoid delusions that were not readily apparent due to his evasiveness in talking to this writer. He continues to want to portray himself as a 'victim' to this writer and that he does not need to be here."

Progress Notes, continued, April 9, 1990, by Trisha Boyles, the psychologist assigned to the case at Big Spring State Hospital: "Mr. (John Kevin McMillan) did relate that maybe he should get a pet, such as a guard dog, in order to verify his sense of reality. He stated that he would have the pet sleep with him in order that he may feel more secure (inside his apartment unit)."

Detective Silva, I hope that this additional information about the very accurate criminal-law complaint I filed in person inside the Big Spring Police Department in Big Spring, Texas, in 1990, and the very severe and injurious reprisals against myself resulting from my having filed that complaint, is helpful to you.

I would also like to take this opportunity to politely respond to APD Officer Wallace's question to me in person on July 8, 2011, relating to the incident in 1991 in which I was myself arrested by sheriff's deputies in Sweetwater, Texas, for alleged "mischievous driving" in which a pebble allegedly flew from my car wheel and allegedly struck the window of a Hispanic man's home situated across the fence from the apartment complex parking lot where my car was situated near my private residence.

There was never any court hearing granted to me in that case, which I still, to this day, regard as rather odd. However, I was ordered to pay restitution to the asserted "victim" as a pre-condition for my being released from Nolan County Jail in Sweetwater. I paid that "restitution" even though I myself maintained that I felt very sure that there was no way that a pebble struck by my car wheel could have flown hundreds of yards from my apartment complex parking lot over a fence, and then striking that Hispanic man's window to his home situated hundreds of yards from my car.

That case was dismissed by the Nolan County Attorney in 1991, and I have copies of official legal documents about that dismissal of that alleged "mischievous driving" case in Sweetwater, should you ever have a need for that information.

Please do not hesitate to contact me if the Austin Police Department has any additional questions for me that either relate to or were prompted by or included in the scope of your very thorough and diligent investigation of my criminal-law forcible-sodomy complaint that I filed on April 28, 2011.


John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.

John Kevin McMillan

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