On Saturday, July 14, 2012 8:45 PM, John McMillan
To: Attorney General Gregory Abbott of Texas,
Office of the Attorney General,
State Government of Texas,
Austin, Texas.
July 14, 2012
Dear Attorney General Abbott,
I have been advised by a first-rate and very influential private attorney in Austin that I do have the option of myself filing a formal complaint with your office in regard to the alleged failure by the Office of the Police Monitor of the City of Austin to pursue any investigation of my official written complaint with that office, along with extensive supporting evidence I E-mailed to that office on behalf of my complaint, against APD Sex-Crimes Unit Detective David Silva.
Please find, below, a reply E-mail letter to me from Sacheen Yates, a complaint specialist for the Office of the Police Monitor, along with E-mail letters of mine to her office that had prompted her reply letter.
The June 22, 2012-dated official signed complaint that I FAXed to the Office of the Police Monitor of the City of Austin against Det. Silva cited the noteworthy date of January 4, 2012, at 1:17 p.m., as the date and time when, as my complaint alleged, "Det. Silva left a recorded phone message with me that day, indicating that he declines to order any lab testing on the extensive DNA medical swabs that were obtained from several parts of my body, including my anus and mouth and chest, on Dec. 22, 2011, by a forensic nurse after prior approval from a male doctor at St. David's that morning."
My signed complaint to the Office of the Police Monitor cited the relevant APD crime report from myself for which I had obtained the accompanying DNA medical testing at St. David's Medical Center on behalf of my complaint, as: APD 11-3550615.
I signed for a certified-delivery signed official letter ro me from Police Monitor Margo Frasier that was hand-delivered to me in the mailbox area of my apartment complex in northwest Austin by a U.S. Postal Service deliveryman on July 12, 2012.
The July 10, 2012-dated official letter to me from Police Monitor Margo Frasier stated, among other things, that her office declines to pursue any investigation into my official complaint against APD Sex-Crimes Unit Detective David Silva. The letter from Ms. Frasier also stated that the complaint I filed with her office is now officially classified as closed.
The letter to me from Ms. Frasier also appeared to discourage me in writing from myself attempting to appeal her decision on this matter to the designated Constituent Liaison for the Austin Police Department, Mr. Leander Davila, according to a renowned private attorney in Austin whom I consulted on Friday of this week through a one-to-one meeting I had with that outstanding attorney inside his first-rate law office near the Travis County Courthouse.
That Constituent Liaison for APD, Mr. Leander Davila, had helpfully and politely pre-authorized me on June 22, 2012, during a phone conversation I had with him that day, to please contact Mr. Davila promptly after the Office of the Police Monitor completes its expected investigation in regard to my official complaint against APD Detective David Silva, Mr. Davila advised me on the phone on June 22.
I would like to call your attention to the key implied statement from Police Monitor Margo Frasier's July 10-dated official letter to me that the City of Austin maintains that the infrared, motion-sensitive spy-camera photographs I've obtained for myself during my bedtime hours inside my bolt-locked top-floor, vaulted-ceiling one-bedroom apartment unit at Wind River Crossing Apartments are all allegedly photos of myself, John Kevin McMillan, and no one else, according to the City Government of Austin.
With all due respect toward Police Monitor Frasier, who is herself a former Sheriff of Travis County, Texas, I would like to call your attention to the numerous spy-camera photos I've obtained during my bedtime hours using the "Wildview" infrared hunter's Stealth camera that I purchased for the first time ever on February 3, 2012. I bought that camera of mine at an Academy store in northwest Austin on February 3, 2012, and I have kept a store receipt of that debit-card transaction that I would be happy to share with you. I have also since purchased another hunter's "Wildview" infrared spy-camera of that same exact brand and type from the same Academy store, and I have kept a receipt on that purchase of mine as well.
The accompanying two E-mails from myself I also plan to share with you today were each E-mail letters that I had sent to the Office of the Police Monitor on behalf of my complaint versus Det. David Silva.
Please note that each of the two suppporting-evidence E-mails I'm sending you today in separate E-mail transmissions to your public law office do contain several spy-camera photographs obtained from inside my bolt-locked one-bedroom apartment unit ever since early February of 2012.
In regard to the cited dates on those infrared-camera photos taken during my bedtime hours, I need to mention that I had difficulty adjusting the dating mechanism on my hunter's spy camera. So several of the photos from this year that I'm E-mailing to your public law office today will contain incorrect cited dates and times.
I emphatically maintain that one or more of those infrared spy-camera photographs I'm sharing with you today are DEFINITELY NOT of myself. In that regard, I myself am six-foot-two-and-one-half-inches in height, I'm Anglo and light-skinned, completely tattoo-less, facially cleanshaven with no facial hair, I have broad shoulders, my chin or jaw is curved and not square-shaped or straight, I'm of medium to large build, and my physique is not powerfully muscular. I have dark brown or brown and some gray or grayish hair. My hair atop my head is straight and thin in shape and texture. I have a fair amount of hair atop my head, with a noteworthy bald spot on top of my head. I weigh approximately 217 pounds. Also, I am 55 years of age.
I fully acknowledge that I did have some difficulty deciding which of the spy-camera photos obtained this year inside my bedroom or elsewhere in my apartment unit were of myself, and which spy-camera photos obtained for me this year were of an alleged illegal and unauthorized intruder inside my bolt-locked apartment unit.
That explains why it is possible that several or more of the spy-camera photos I'm sharing with you today may possibly be of myself, John Kevin McMillan. In particular, several or more of the spy-camera photos I'm sending you today may possibly be of myself setting up my spy-camera, adjusting my spy-camera's position, grabbing my spy-camera, getting out of my bed after being abruptly awakened on my bed in the middle of my sleep with intense and sudden pain in my anus or my legs, walking alone to the living room or kitchen or bathroom of my bolt-locked apartment after being abruptly awakened on my bed in the middle of my sleep, searching for an illegal intruder in my apartment unit in the middle of the night without my then being able to identify any such intruder, etc.
Attorney General Abbott, I would like to also emphasize to you that the City of Austin has never denied my emphatic and consistent statements to the City of Austin that I have lived alone inside my bolt-locked apartment unit at Wind River Crossing Apartments in Austin ever since late May 2011. I have been the only approved tenant and the only approved leasee inside my apartment unit ever since late May 2011, as the general manager at Wind River Crossing, Ann Coker, has helpfully confirmed for me in writing through an E-mail reply letter she wrote and sent to me.
I have never on any occasion authorized any other person to be situated on or lie on or mount my Swedish bed on any occasion since I purchased that orthopedic queen-size bed for myself and had it installed by a mattress-store employee in the bedroom of my apartment in 2007. My queen-size Swedish bed is the bed I sleep on every night in my private bedroom. I always sleep alone inside my bolt-locked one-bedroom apartment unit. In fact, I have always slept alone on a bed of mine that I own inside my bolt-locked apartment unit ever since I moved into this one-bedroom apartment unit in Building 3 of Wind River Crossing Apartments in January 2002.
Also, I have NEVER on any occasion had any overnight invited guest or any late-night invited guest after midnight inside my one-bedroom apartment unit at Wind River Crossing on any occasion since I moved into this apartment unit in January 2002.
On behalf of this complaint through your Office of the Attorney General, I would also like to point out that I myself have been completely celibate anywhere and everywhere in Austin, Texas, and anywhere else in Central Texas, for that matter, throughout all of my conscious or waking hours ever since December of 1979.
Also on behalf of my complaint through your Office of the Attorney General of Texas, I should mention that I lead a completely and permanently marijuana-free, illicit-drug-free, alcohol-free, and tobacco-free lifestyle. I have never consumed marijuana (or any other illicit drug, for that matter) on any occasion since late 1984. I have never consumed drinking alcohol on any occasion since the summer of 1990. I am not an alcoholic, and I am not a current or former drug addict, either. I have never consumed any tobacco product on any occasion in my entire life. Also, I have no criminal-conviction record, and I strongly support law-enforcement.
In fact, I am a former full-time employee in Austin of the Texas Department of Public Safety, the Texas Department of Criminal Justice, and the Texas Board of Pardons and Paroles state agencies.
Attorney General Abbott, I hope to hear from you soon in response to this letter of appeal through your state agency concerning the Police Monitor's alleged failure to investigate my allegations against Detective David Silva of APD's Sex Crimes Unit.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
P.S. Attorney General Abbott, please let me know in writing if you ever conclude at any time that I do have the legal right to myself formally appeal the Police Monitor's cited decision to Mr. Leander Davila, the Constituent Liaison for the Austin Police Department, without the City of Austin or APD then attempting to retaliate against me or attempting to punish me or restrict me or penalize me in any way for having myself filed that follow-up appeal with Mr. Davila that he had directly and specifically authorized me on June 22, 2012, to submit to him after I received the results from the Police Monitor's then-expected investigation of my complaint versus Det. David Silva. I should also mention that the office phone number for APD Constituent Liaison Leander Davila is: (512) 974-4711.
John Kevin McMillan
--- On Wed, 7/11/12, Yates, Sacheen
From: Yates, Sacheen
Subject: RE: corrected version Fw: 7-10-12 follow-up question for Complaint Specialist Yates
To: "John McMillan"
Cc: "Frasier, Margo"
Date: Wednesday, July 11, 2012, 9:02 AM
Dear Mr. McMillan,
Please see the attached letter requesting that you cease and desist your contact with the Office of the Police Monitor related to this issue involving Det. Silva. A copy of this letter has also been sent to you via U.S. Postal Service and certified mail.
Respectfully,
Sacheen D. Yates
Complaint Specialist/Mediation Coordinator
City of Austin
Office of the Police Monitor
P.O. Box 1088
Austin, TX 78767
(512) 974-9096 direct line
(512) 974-9090 main line
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Tuesday, July 10, 2012 12:33 PM
To: Police Monitor; Yates, Sacheen
Subject: corrected version Fw: 7-10-12 follow-up question for Complaint Specialist Yates
Dear Complaint Specialist Yates,
Please note the one total minor editing change (I have made a correction on a cited number---it now reads correctly as "72") found below in the text of my letter addressed to yourself.
Please disregard the earlier version of that letter that I sent you earlier this afternoon.
The correct version of that letter to you is contained below.
Sincerely,
John Kevin McMillan, complainant.
Home phone: (512) 342-2295.
John Kevin McMillan
--- On Tue, 7/10/12, John McMillan
From: John McMillan
Subject: 7-10-12 follow-up question for Complaint Specialist Yates
To: "Office of the Police Monitor"
Date: Tuesday, July 10, 2012, 12:22 PM
Dear Ms. Yates,
I was informed on the telephone on July 5, 2012, by staff member Julian of the Office of the Police Monitor that you have been assigned as the complaint specialist evaluating my legal complaint against APD Detective David Silva for which I FAXed a completed official complaint form to your office on June 22, 2012.
Please confirm for me as soon as is convenient for you that you have received the 72 separate and distinct evidentiary supporting-documentation E-mails that I have sent to your office on behalf of my complaint versus Detective David Silva of APD's Sex Crimes Unit.
I should also mention at this time that I also plan to send you sometime this week, if possible, an additional letter addressed to yourself in which I cite and summarize numerous specific complaints and allegations of mine relating to allegedly improper and unprofessional, and allegedly dishonest, conduct by Detective Silva in response to the crime reports I've filed with APD in a civil and law-abiding manner over a multi-month period ever since the spring of 2011.
That additional letter from me will also provide you with directly quoted written statements from or about David Silva in regard to myself and the crime reports I've filed---written statements from or about Det. Silva that I have obtained through several respective Texas Open Records requests I submitted on several separate occasions to Don Field, the Open Records Coordinator for APD.
Please let me know what the deadline will be for me to submit you all materials I need to provide you in connection with my legal complaint through your office against Detective David Silva. Also, I need to find out from you at this time whether you are requiring that I submit a formal affidavit on behalf of my complaint through your office against Det. Silva.
Sincerely and Best Wishes,
John Kevin McMillan, complainant.
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
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