(EXPLANATORY NOTE: ASSISTANT ATTORNEY GENERAL OF TEXAS JOSEPH BEHNKE OF THAT STATE AGENCY'S OPEN RECORDS DIVISION POLITELY INFORMED ME ON THE TELEPHONE ON THURSDAY, APRIL 6, 2017, THAT HIS OFFICE STILL HAS NOT RECEIVED ANY REPLY LETTER OR PHONE CALL YET FROM AUSTIN ASSISTANT CITY ATTORNEY NEAL FALGOUST ON THIS.
THE 10-BUSINESS-DAYS STATE-IMPOSED DEADLINE FOR A REPLY FROM THE CITY OF AUSTIN WAS FRIDAY, MARCH 31, 2017. Mr. BEHNKE STATED TO ME THIS WEEK THAT IF HE DOES NOT RECEIVE A REPLY LETTER FROM ASSISTANT CITY ATTORNEY FALGOUST IN THE NEXT DAY OR TWO, Mr. BEHNKE PLANS TO GIVE Mr. FALGOUST A PHONE CALL TO POLITELY INQUIRE ABOUT THE DELAY FROM THAT CITY ATTORNEY'S OFFICE REPRESENTATIVE IN AUSTIN.
IN MY PHONE CONVERSATION WITH ASSISTANT ATTORNEY GENERAL BEHNKE ON THURSDAY, I DID POLITELY EMPHASIZE TO HIM THAT THIS ISSUE IS AN URGENT ONE, SINCE I MYSELF AM STILL TO THIS DAY BEING VICTIMIZED BY DAILY AND YEAR-ROUND ANAL-RAPE-CRIMES DURING MY SLEEP THAT INVOLVE ALLEGED HOME-INVASION CRIMES INSIDE MY LOCKED PRIVATE BEDROOM, WHERE I ALWAYS SLEEP ALONE ON MY OWN BED, OF MY BOLT-LOCKED APARTMENT UNIT IN DISTRICT 10 OF THE CITY OF AUSTIN.
THE HARVARD UNIVERSITY-TRAINED AND STANFORD UNIVERSITY-TRAINED PUBLIC POLICY EXPERT Dr. ALISON ALTER CURRENTLY SERVES AS MY DULY-ELECTED OFFICIAL DISTRICT 10 REPRESENTATIVE ON THE AUSTIN CITY COUNCIL. HOWEVER, COUNCIL MEMBER ALTER HAS HERSELF ACCORDING TO AN APD OFFICIAL IMPOSED A PERMANENT BAN ON ANY AND ALL LETTERS OR E-MAILS OR PHONE CALLS OR VISITS BY ME TO HER OWN CITY COUNCIL OFFICE AT ANY TIME OR IN ANY CONTEXT. -- jkm)
"KEN PAXTON
"ATTORNEY GENERAL OF TEXAS
"March 17, 2017
"Mr. Neal Falgoust
"Assistant City Attorney
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767-8828
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767-8828
"Dear Mr. Falgoust:
"The Office of the Attorney General (the 'OAG') has received a complaint from John Kevin McMillan alleging the City of Austin has failed to respond appropriately to a (December 5, 2016-dated e-mail) request (from himself) for information (specifically in the form of copies of legal documents referring to the shipment from an APD facility in Austin to a new location for a Dec. 22, 2011, rape-evidence kit obtained from Mr. McMillan's own body at his request as the cited crime victim, a DNA-swabs rape kit that reportedly is currently being processed at a DNA lab in Salt Lake City, Utah). The complaint was assigned ID# 652094.
"The Public Information Act (the 'Act'), chapter 552 of the Government Code, requires a governmental body to release requested public information that it collects, assembles, maintains, or has right of access to, or to request a ruling from this office as to the applicability of exceptions to the Act. Our records do not indicate a request for an attorney general's decision has been made in accordance with section 552.301 of the Act.
"The OAG has civil enforcement authority under the Act. Although our office takes that responsibility seriously, we prefer to work with the parties to try and resolve complaints informally if at all possible. The easiest way to resolve this open records complaint is to release the information that was requested, provided the requested information is not confidential by law.
"Please contact the Education and Enforcement Section of the Open Records Division within ten business days at (877) 673-6839 or at (512) 936-6736 to discuss the resolution of this situation. If the requested information has been or will be released to the requestor, please so indicate by completing the top portion of the attached certification form. In the alternative, if you have no information responsive to the request, please so indicate by completing the second portion of the attached form. Similarly, if you believe that responsive information is excepted from disclosure and have requested or will request an attorney general's decision, please indicate that on the attached form. The form may be sent by facsimile to the Education and Enforcement Section at (512) 481-1992.
"Thank you for your prompt attention to this matter.
"Sincerely,
"Education and Enforcement Section
"Open Records Division
"Enclosure
"c: Mr. John Kevin McMillan
"10926 Jollyville Road, Building 9, #902
"Austin, Texas 78759
"(w/o enclosure)"
______
(THE FOLLOWING IS THE TEXT OF THE CITED DECEMBER 5, 2016-DATED E-MAIL OPEN RECORDS REQUEST FROM MYSELF, JOHN KEVIN McMILLAN OF AUSTIN CITY COUNCIL VOTING PRECINCT DISTRICT 10 IN AUSTIN, TO THE CITY GOVERNMENT OF AUSTIN PUBLIC INFORMATION OFFICE.
"The Office of the Attorney General (the 'OAG') has received a complaint from John Kevin McMillan alleging the City of Austin has failed to respond appropriately to a (December 5, 2016-dated e-mail) request (from himself) for information (specifically in the form of copies of legal documents referring to the shipment from an APD facility in Austin to a new location for a Dec. 22, 2011, rape-evidence kit obtained from Mr. McMillan's own body at his request as the cited crime victim, a DNA-swabs rape kit that reportedly is currently being processed at a DNA lab in Salt Lake City, Utah). The complaint was assigned ID# 652094.
"The Public Information Act (the 'Act'), chapter 552 of the Government Code, requires a governmental body to release requested public information that it collects, assembles, maintains, or has right of access to, or to request a ruling from this office as to the applicability of exceptions to the Act. Our records do not indicate a request for an attorney general's decision has been made in accordance with section 552.301 of the Act.
"The OAG has civil enforcement authority under the Act. Although our office takes that responsibility seriously, we prefer to work with the parties to try and resolve complaints informally if at all possible. The easiest way to resolve this open records complaint is to release the information that was requested, provided the requested information is not confidential by law.
"Please contact the Education and Enforcement Section of the Open Records Division within ten business days at (877) 673-6839 or at (512) 936-6736 to discuss the resolution of this situation. If the requested information has been or will be released to the requestor, please so indicate by completing the top portion of the attached certification form. In the alternative, if you have no information responsive to the request, please so indicate by completing the second portion of the attached form. Similarly, if you believe that responsive information is excepted from disclosure and have requested or will request an attorney general's decision, please indicate that on the attached form. The form may be sent by facsimile to the Education and Enforcement Section at (512) 481-1992.
"Thank you for your prompt attention to this matter.
"Sincerely,
"Education and Enforcement Section
"Open Records Division
"Enclosure
"c: Mr. John Kevin McMillan
"10926 Jollyville Road, Building 9, #902
"Austin, Texas 78759
"(w/o enclosure)"
______
(THE FOLLOWING IS THE TEXT OF THE CITED DECEMBER 5, 2016-DATED E-MAIL OPEN RECORDS REQUEST FROM MYSELF, JOHN KEVIN McMILLAN OF AUSTIN CITY COUNCIL VOTING PRECINCT DISTRICT 10 IN AUSTIN, TO THE CITY GOVERNMENT OF AUSTIN PUBLIC INFORMATION OFFICE.
THE CITY OF AUSTIN DEPARTMENT THAT REPLIED TO THAT REPLIED TO ME ON THAT WITH WHAT IT MAINTAINED TO BE 'RESPONSIVE' INFORMATION, THE AUSTIN POLICE DEPARTMENT MUNICIPAL LAW-ENFORCEMENT AGENCY, CHOSE TO OFFER ALL OF THAT 'INFORMATION' IN THE FORM OF ASSERTED FACTUAL STATEMENTS IN THE BODY PER SE OF A 2017 REPLY LETTER TO ME FROM APD, WITHOUT APD PROVIDING ME WITH ANY COPY OF ANY OF THE LEGAL DOCUMENTS THAT I HAD SPECIFICALLY REQUESTED IN MY DEC. 5, 2016, OPEN RECORDS REQUEST TO THE CITY:
On Monday, December 5, 2016 5:33 PM, John McMillan wrote:
To: Open Records Coordinator for the City Government of Austin, City of Austin Public Information Office, 301 West Second Street, Austin, Texas, 78701.
Office phone: (512) 974-2220. Office FAX: (512) 974-2405.
December 5, 2016
Dear Open Records Coordinator for the City Government of Austin in Austin, Texas,
This is a Texas Open Records request in which I seek to obtain from the City Government of Austin a copy of any and all records currently on file with any and all applicable departments or offices of the City of Austin----with those departments or offices possibly including the City of Austin Law Department; the City Manager's Office; the Office of Assistant Manager Rey Arellano; the Office of the Mayor; and the City Hall Offices of Austin City Council Member Ellen Troxclair and Delia Garza, respectively---that, in each such case, cite either or both of the following:
On Monday, December 5, 2016 5:33 PM, John McMillan
To: Open Records Coordinator for the City Government of Austin, City of Austin Public Information Office, 301 West Second Street, Austin, Texas, 78701.
Office phone: (512) 974-2220. Office FAX: (512) 974-2405.
December 5, 2016
Dear Open Records Coordinator for the City Government of Austin in Austin, Texas,
This is a Texas Open Records request in which I seek to obtain from the City Government of Austin a copy of any and all records currently on file with any and all applicable departments or offices of the City of Austin----with those departments or offices possibly including the City of Austin Law Department; the City Manager's Office; the Office of Assistant Manager Rey Arellano; the Office of the Mayor; and the City Hall Offices of Austin City Council Member Ellen Troxclair and Delia Garza, respectively---that, in each such case, cite either or both of the following:
---the exact day and month and year and time, if cited, when the forensic DNA-swabs rape-evidence kit for APD Sex Crimes Case 11-3550615, with myself the complainant and cited rape victim in that case, was sent or submitted by the Austin Police Department for DNA lab testing;
or
---the full official name and mailing address and telephone number of the DNA lab anywhere in the world where that particular rape-evidence kit is reportedly currently being stored or is currently being processed, along with the full legal name of the cited liaison to or contact person for the Austin Police Department's Sex Crimes Unit who is employed at the cited DNA lab.
To assist you in your search, please find, below, a corrected version (one total cited date below was changed by me to "June 2, 2016", a correction I then promptly shared with the cited APD official) of the full text of the August 15, 2016, follow-up e-mail letter I wrote and sent to Mrs. Susan Carrizales of the APD Sex Crimes Unit, which refers to her very helpful disclosure to me on the telephone earlier that day that the cited rape-evidence kit has been submitted by APD for testing at a DNA lab, she stated.
Mrs. Carrizales also stated to me in that same 2016 telephone conversation I had with her that the Sex Crimes Unit has not yet received any DNA-trace results from lab processing of the cited doctor-ordered and Austin City Manager Marc Ott-approved and APD-approved and Attorney General of Texas-approved rape-evidence kit that was obtained from my own body at my request inside the emergency room of St. David's Medical Center near UT-Austin's Law School campus on Dec. 22, 2011.
Please let me know if the total processing fee you plan to charge me for providing me with the cited documents might exceed $20. That information from you will then enable me to revise this request in order to hold the total financial expenses to myself on this to $20 or less.
Thank you in advance for your prompt and authoritative reply letter providing me with any and all responsive documents.
Sincerely and Best Wishes,
John Kevin McMillan.
Home address ever since late September 2015:
Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apartment 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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On Monday, August 15, 2016 2:51 PM, John McMillan
To: Mrs. Susan Carrizales, APD Employee ID Number 2211, Administrative Specialist in the Austin Police Department Sex Crimes Unit in Austin Texas, with your office phone number of (512) 974-6975 (your specific APD office phone line, and you sometimes also answer the phone, as you did for myself today, at APD Sex Crimes Unit's main phone number of (512) 974-5230.
Monday, August 15, 2016
Dear Mrs. Carrizales,
Thank you again for taking the time to talk with me on the telephone this morning about the current status of the doctor-ordered DNA-swabs rape-evidence kit for APD Sex Crimes Case 11-3550615, with our conversation having concluded at 10:50 a.m. today.
As you know, I am the cited victim and single-by-choice, longtime-celibate-by-choice, permanently-alcohol-free and always-sober, gainfully-employed, dependably civil and law-abiding, platonically-polite, consistently clean-talking (no profanity by me in my everyday conversations with others), adult white male criminal-law complainant in that sex-crimes case.
In our phone conversation this morning, you provided me with the first-ever official confirmation from any APD employee or official---or any other City Government of Austin employee or official--- that the cited rape-evidence kit obtained from my own body on Dec. 22, 2011, has been "sent off for testing," you stated to me this morning.
You added, in response to a question from myself, that you are not sure when APD's Sex Crimes Unit will receive those lab results, but that your APD unit "has not received anything back" as of this morning, you said.
You also stated to me, in response to a question from me about whether the Texas Department of Public Safety state law-enforcement agency is processing that particular rape-evidence kit, that you are "not sure which lab" is handling that.
Your response did not address the question of whether the DPS---a former state agency employer of mine--or some other government agency's lab, or a lab at a private medical clinic, is conducting that rape-evidence kit processing.
My first-rate primary-care physician, Dr. Carson Higgs, a family-practice physician at the Austin Regional Clinic (ARC) Quarry Lake location (office phone number 512-338-8388), did confirm for me in writing earlier this year that a female "detective" with APD's Sex Crimes Unit had informed Dr. Higgs on the telephone that the cited rape-evidence kit for APD Case 11-3550615, was sent off by APD's Sex Crimes Unit for lab testing on "June 2, 2016", Dr. Higgs informed me in writing at my ARC-provided online patient portal.
That rape kit was obtained from my own body through a forensic exam I had requested that was performed on me by a female forensic nurse inside the St. David's Medical Center Emergency Room in the early morning hours of Dec. 22, 2011.
That hospital is situated a few blocks from the University of Texas at Austin Law School campus in central Austin.
In our phone conversation this morning, you stated to me at about 10:50 a.m. today that a member of the APD Sex Crimes Unit will directly contact me very promptly after lab results are obtained from lab processing on the rape-evidence kit for APD Case 11-3550615.
I have consistently emphasized to the Austin Police Department that I seek to press criminal-law charges against any and all persons, regardless of whether they are former or current "coworkers" or "work supervisors" or "professional associates" or "roommates" or "neighbors" or "landlords" or "relatives" or "friends" or "acquaintances" or "classmates" or "schoolmates" or "coreligionists" of mine, whose DNA-trace is identified through the lab testing on the cited rape-evidence kit.
That hospital is situated a few blocks from the University of Texas at Austin Law School campus in central Austin.
In our phone conversation this morning, you stated to me at about 10:50 a.m. today that a member of the APD Sex Crimes Unit will directly contact me very promptly after lab results are obtained from lab processing on the rape-evidence kit for APD Case 11-3550615.
I have consistently emphasized to the Austin Police Department that I seek to press criminal-law charges against any and all persons, regardless of whether they are former or current "coworkers" or "work supervisors" or "professional associates" or "roommates" or "neighbors" or "landlords" or "relatives" or "friends" or "acquaintances" or "classmates" or "schoolmates" or "coreligionists" of mine, whose DNA-trace is identified through the lab testing on the cited rape-evidence kit.
As you may recall, I have repeatedly and very consistently stated to the Austin Police Department that I myself have not participated in or been subjected to any act of anal intercourse at any time during my own conscious or waking hours on any occasion anywhere in the entire world at any time since the late 1980s.
I have also emphasized to APD officers over a multi-year period that in the entire period ever since and including the day I moved to northwest Austin in August 2001 in order to move into Apartment 1638 as an official rent-paying tenant and roommate with a male adult person, Christian Meza, at Wind River Crossing (WRC) Apartments (11411 Research Boulevard in Austin, with myself moving from Apt. 1638 to Apt. 325 at that same complex in January 2002, and then residing in Apt. 325 of Building 3 at WRC until July 29, 2015), I have been completely celibate, and I have never at any time had any sexual contact or genital contact of any type with any other human being (or any animal or "beast", for that matter) at any time during any and all of my own waking or conscious hours---regardless of where I was situated or traveled to or visited or resided during that entire multi-year time period.
It is therefore quite obvious that ANY and all DNA traces to any human being other than myself that are obtained through lab processing of the cited Dec. 22, 2011, rape-evidence kit, comprise very compelling criminal-law evidence in a court of law in Austin, Texas, that I was, in fact, sexually assaulted during periods when I was asleep and unconscious.
Throughout the entire period ever since I moved to northwest Austin in August 2001, I have ALWAYS slept alone on my own designated bed on a very consistent and unvarying basis.
I might add that in the entire period since I moved to northwest Austin in August 2001, I never on any occasion ever at any time during my own conscious or waking hours ever once observed with my own eyes at the time of the incident any person other than myself actually being situated on the bed that I was or had been myself sleeping on or lying on or situated on.
Also contributing to my very strong credibility as a sex-crimes and personal-injury-crimes criminal-law complainant in Austin, Texas, are the following legal facts about me:
----I have not consumed any quantity of marijuana on any occasion since the late fall of 1984.
---I have never consumed any quantity of any illicit drug other than marijuana on any occasion in my entire life.
---I have not consumed any quantity of drinking alcohol on any occasion since the late summer of 1990.
---I am neither a "former alcoholic" nor a "recovering alcoholic," and I am neither a "former drug addict" nor a "recovering drug addict".
---I have not consumed any tobacco product on any occasion in my entire life.
---I have always led a permanently tattoo-less life, and there are zero tattoos emblazoned anywhere on my own body.
---I am the founder and only approved current member of a non-Christian "Honor Society" religion with very stringent membership-eligibility requirements, the Progressive Prohibitionist Religion, that strongly opposes criminal or illegal activities such as stalking, illegal forms of spying, anonymous communications violating the privacy rights of the individual being subjected to those anonymous communications against his wishes, the sex crime of rape, the sex crime of pederasty, the medically injurious infliction of continuous noise pollution on anyone, fraudulent or medically injurious "medical services", fraudulent "news and information" services, etc.
---I myself do not have any criminal-conviction record.
---In prior years, I was employed full-time in Austin by three different law-enforcement-agencies of the State Government of Texas: the Texas Department of Public Safety, the Texas Board of Pardons and Paroles, and the Texas Department of Criminal Justice, respectively.
----I am platonically polite, and I have never at any time directly asked anyone to have sex with me on any occasion since and including the day when I moved to northwest Austin in August 2001. Nor have I ever directly stated to anyone during that entire 15-year time period that I myself agree to have sexual contact with that individual.
----I myself consistently use clean (non-profane, non-obscene) language in my everyday conversations with others, and I almost never talk about "sex" or "sexual identity" per se in my conversations with others or written communications to others.
Mrs. Carrizales, I would like to thank you again for your very helpful and informative style toward me on the telephone earlier today.
I want to wish you and your APD Sex Crimes Unit colleagues the best of success in each of the crime cases you investigate, including any and all such cases in which I am the cited victim, here in Austin.
Sincerely and Best Wishes,
John Kevin McMillan, criminal-law complainant.
My home address ever since late September 2015:
Village Oaks Apartments (an apartment complex reportedly owned by "Northland Oaks Apartments LLC, 2150 Washington Street, Newton, MA 02462", according to an August 8, 2016-dated and signed legal letter that a first-rate private attorney in Austin obtained for me on my behalf, a legal letter that was itself written by General Counsel Beth H. Kinsley of Northland Investment Corporation, with a copy of that two-page legal letter --- which specifically cites "Northland Investment Corporation" as the "manager" of the apartment complex where I currently reside as an official rent-paying tenant---having been handed to me by my attorney inside his law office in Austin on Friday, August 12, 2016), 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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