IN RESPONSE TO PUBLIC-INFORMATION REQUEST FROM MYSELF, TEXAS LEGISLATIVE COUNCIL THIS WEEK PUBLICLY RELEASES LEGAL DOCUMENT IN WHICH THAT STATE AGENCY'S LEGAL DIVISION DIRECTOR, DEBORAH FULTON, ON NOVEMBER 12, 2015, ADVISED HER STAFF TO "FOLLOW UP" ON A PUBLIC-INFORMATION REQUEST OF MINE TO AUSTIN POLICE IN WHICH I CITED APD'S REFUSAL OVER A MULTI-YEAR PERIOD TO AUTHORIZE ANY FORENSIC MEDICAL-EXAMS ON ME THAT I MYSELF HAD REQUESTED

Kimberly Shields

From: Deborah Fulton

Sent: Thursday, November 12, 2015 9:00 AM

To: Kimberly Shields; Jon Heining 

Subject: FW: 11-10-15 Open Records re: APD repeatedly refusing to authorize forensic exams on me

Follow up Flag: Follow up

Flag Status: Flagged

Deborah Fulton
Director, Legal Division
Texas Legislative Council

CONFIDENTIALITY NOTICE This electronic message contains information that may be confidential under Chapter 323, Texas Government Code, or confidential or privileged as an attorney-client communication or attorney work product or under other laws or rules. The information is meant solely for the use of the intended recipient or another person authorized by the intended recipient. If you have received this electronic message in error, please notify the sender immediately and do not disclose the information to any other person.

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

Sent: Wednesday, November 11, 2015 1:02 AM

To: Attorney General of Louisiana; Louisiana Foundation Against Sexual Assault; Mass. Dist. Attorneys Assn.; Attorney General of Massachusetts; Massachusetts Coalition Against Sexual Assault; AGO - Department of Justice; Justice for All (Houston); David Maxwell; Williamson County Attorney Dee Hobbs; Austin Board of Realtors (2014); City of Austin Office of Homeland Security and Emerg. Management Dir. Otis Latin; City of Austin Neighborhood Housing and Community Develpmnt Dir. Betsy Spencer; U.S. Dept. of Housing and Urban Devlpt (TX regional office); National Consumer Law Center (Boston); Tdhca State Tx Info; TDHCA State Agency General Counsel Barbara Deane; Attorney General of Colorado; Minnesota Center Against Sexual Assault Violence and Abuse; Attorney General of Utah; California Highway Patrol; State Comptroller Criminal Investigations Division Chief Martin Cano; Leander Police Chief Minton; UT-Austin Institute On Domestic Violence and Sexual Assault; Notre Dame Univ. Center for Civil and Human Rights; Human Rights Law Society (U of Chicago); Harvard Kennedy School Carr Center for Human Rights Policy; Hays County Attorney Mark Kennedy; Bexar Webmaster; Wharton County (TX) Attorney's Office; State Bar of Texas Exec. Dir. Michelle Hunter; Sociology Prof. Jim Nolan (West Va. University); Human Rights Watch (Paris); HumanRightsWatchOfficials(D.C. Office); Amnesty International USA; Public Integrity Officials; Center for Public Integrity; StateComptrollerSusanCombs; Harris County (Houston) Attorney Vince Ryan; Dallas City Attorney's Office; Texas City Attorneys Assn. General Counsel Scott Houston; Texas City Attorneys Assn. 2014 Pres. Mary Fischer; moira@austinrapehelp.org; Safeplace Info; roger.jefferies@traviscountytx.gov; deece.eckstein@traviscountytx.gov; Travis County Commisioner Ron Davis; Tcole State Tx Webmaster; Allies Against Slavery (Austin TX); Coalition to Abolish Slavery and Trafficking; CoalitionAgainstTrafficking; Hubert Vo; John Whitmire; Celia Israel; Dawnna Dukes; Deborah Fulton; Kirk Watson; Lora Ann Gerson; Scott Daigle; Donna Howard; Austin Police Association (2015); Austin Police Department Victim Services; Association for the Prevention of Torture; Attorney General of Arizona; Attorney General of Arizona Civil Rights Office; Attorney General of New York; Office for Victims of Crime (U.S. DOJ); National Board of Realtors; Charles Schwertner; Tony Dale; Paul Workman; Todd Hunter; Elliott Naishtat; E.C. Community Service Dir. Chris Barbee; El Campo (TX) City Manager Mindi Snyder; El Campo City Attorney Ronald B. Collins; American Civil Rights Institute; AMA Council On Ethical&JudicialAffairs; Mass.Assn.ofHumanRightsCommissions; Massachusetts Medical Society (Waltham); Massachusetts Executive Office of Public Safety and Security (Boston); Salt Lake City Mayor Ralph Becker (2014); Los Angeles County (CA) District Attorney; National Center on Domestic and Sexual Violence Dir. Debbie Tucker (Austin TX); National Center On Domestic and Sexual Violence Communics Dir. Walsh; FBI National Academy Officials; Austin Mayor Constituent Services Liaison Cardenas; SouthwestStudiesCenter-SMU; SouthwestStudyCenter-TXStateU; UT System Vice 2 Chancellor/General Counsel Barry Burghorf; Trinity University (San Antonio) Polit. Sci. Professor Tucker Gibson; Dallas County Attorney's Office

Subject: Fw: 11-10-15 Open Records re: APD repeatedly refusing to authorize forensic exams on me

A respectful FYI to each of you on the following public-information request I wrote and E-mailed this Tuesday to the public-information coordinator for the Austin Police Department municipal lawenforcement agency in Austin, Texas. That local law-enforcement agency in Texas is reportedly headed these days by a former director of the California Highway Patrol, Art Acevedo. I would appreciate any and all written reply notes on any aspect of this public-information request that any of you are willing to offer me.

Sincerely and Best Wishes, from current criminal-law complainant John Kevin McMillan of Austin, Texas, USA. My home phone: (512) 342-2295.
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On Tuesday, November 10, 2015 11:48 AM, John McMillan wrote:

Dear Open Records Coordinator for the Austin Police Department in Austin, Texas,

This is a Texas Open Records request in which I seek to obtain from you a copy or computer printout of any and all records or reports on file with the Austin Police Department that were generated or written at any time since the early morning hours of April 28, 2011, through the present, and that each specifically refer to the refusal by your Austin Police Department municipal lawenforcement agency to authorize a forensic anal-rape-evidence medical examination on myself that I had requested at that approximate time.

The most recent such incident, as you are no doubt already aware, occurred on the morning of Monday, November 9, 2015, when APD Officer Bacon (Badge Number 4082) and APD Officer Martinez (Badge Number 2654) and an Austin-Travis County EMS employee, Mr. Collins (identification number 1662), visited my apartment unit that morning in response to a polite 911 phone call I had made at 8:33 a.m. that morning in which I had requested EMS transport of myself to a hospital exclusively for a forensic medical exam on myself at the self-identified victim of alleged analrape crimes earlier that morning inside my locked private bedroom. 

APD Officer Bacon repeatedly stated to me during the officers' visit to my apartment unit on November 9, 2015, that APD was NOT willing to authorize any anal-rape forensic medical exam on myself at that time. 

Based on that emphatic statement to me from APD, I then was asked by the EMS representative to sign a statement stating whether I declined to seek or sought EMS transport to a hospital.

I declined, for the one cited total reason that I was not permitted to include in my written statement (no authorization from APD for the forensic exam I sought). 

Those three total APD or EMS representatives left my unit at about 9:20 a.m. yesterday upon conclusion of their visit.

My legal name is John Kevin McMillan. I am a lifelong single gentleman. My date of birth is April 27, 1957. I was born at Lincoln, Nebraska. My social security number is .....

Throughout the entire applicable time period from April 28, 2011, through July 29, 2015, I resided as an official rent-paying single adult white male tenant, always sleeping alone on my own designated bed, inside Apartment 325 at Wind River Crossing Apartments, 11411 Research Boulevard, in northwest Austin. 

From late July 2015 through late September 2015, I resided as an official rent-paying tenant living alone and always sleeping alone in Apartment 133 at Crossland Economy Studios, situated in Williamson County and located at 12621 Hymeadow Road, Austin, Texas, 78729.

Ever since late September 2015, I have resided as an official rent-paying single adult white male tenant in the two-bedroom, twobathroom, Apartment 902 at Village Oaks Apartments, 10926 Jollyville Road, Austin, Texas, 78759. I always sleep alone on my own bed inside Apartment 902 at Village Oaks, and I am completely celibate throughout any and all of my own conscious or waking hours.

My relationship with my one total official apartment management-team-approved roommate in my current apartment unit, Mr. Brett Andrew Meyer his cited legal name, is, of course, strictly platonic at all times. 

As I have repeatedly informed your municipal law-enforcement agency on numerous occasions over a multi-year period, I have not participated in or been subjected to any act of anal intercourse of any type on any occasion during any of my conscious or waking hours, regardless of where in the entire world I was situated or based, at any time since the late or mid 1980s.

I might add that I have been completely celibate, with zero sexual contact or intimate physical contact between myself and any other person, or any animal or beast, for that matter, throughout any and all of my own conscious or waking hours, regardless of where I was situated or based or resided, ever since and including the day when I moved back to Austin in mid-March 1997.

I have resided in Austin, Texas, on a continuous and uninterrupted basis ever since mid-March 1997.

I am submitting this public-information request to your City of Austin law-enforcement agency based on legal advice I received shortly after 9 a.m. this morning on the telephone from an incisive and first-rate attorney, Mr. David Walters, representing the Texas Legal Protection Plan or Texas Legal legal-aid service's telephone hotline service that is based in the Austin area.

I have been a fee-paying individual member of that service on a continuous and uninterrupted basis ever since May 1, 1997.

Thank you in advance for your prompt and very thorough reply letter providing me with any and all responsive legal documents.

Sincerely and Best Wishes,

John Kevin McMillan, current criminal-law complainant in APD Sex Crimes Case 15-1540423, a crime case for which I had filed an initial crime report with APD on June 3, 2015.

My current home address: 10926 Jollyville Road, Village Oaks Apartments, Building 9, Apartment 902, Austin, Texas, 78759. Home phone: (512) 342-2295.

My Blog, which does repeatedly refer to my being a victim of alleged felony crimes in Austin for which no apparent arrest of any suspect has ever been made at any time:

http://www.johnkevinmcmillan.blogspot.com