----- Forwarded Message -----
From: John McMillan
To: District 4 ; Travis County Commissioner Jeff Travillion (2017) ; Rep. Sheryl Cole (2019 CentralTX) ; Kirk Watson ; Rey Arellano ; U.S. Rep. Lloyd Doggett (2015) ; Casework Mccaul ; Darla Dixon ; rafael.kianes@austintexas.gov ; City of Austin Interim City Attorney Anne Morgan ; Texas DPS Office of General Counsel ; Gerald Daugherty ; Cedar Park (TX) Police (2016) ; Leander Police Chief Minton ; robert.kepple@tdcaa.com ; Sunset Valley Police Dept. Lt. Richard Andreucci ; Fbinaa Info ; Office for Victims of Crime (U.S. DOJ) ; leticia.acosta@austintexas.gov ; richard.jennings@austintexas.gov ; ACLU ; Texas Legal ; Austin Mayor Steve Adler ; Christian Hawley ; Saintalbert Info ; Rainn Info ; Piper Stege Nelson ; Leslie DeGraffenried ; Liz Laurence ; TRA General Counsel Kenneth Besserman ; Attorney Cousin Jack Dane ; Cousin Jim Dane ; Joyfulheartfoundation Info ; Jeff Pender ; David Maxwell ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; Governor's Office of Texas Open Records Administrator ; patsy.spaw@senate.texas.gov ; Mncasa Info ; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy (2016) ; National Center On Elder Abuse ; John Hitzelberg ; Michael Eveleth ; shawn.dick@wilco.org ; Williamson County (TX) Attorney (2016) ; Williamson County Sheriff Chody 2018 ; TX National Center On Domestic and Sexual Violence Dir. Debbie Tucker Austin ; National Coalition Against Domestic Violence Denver 2017 ; Janedoe Info ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; mjohnson@arkcasa.org ; Louisiana Foundation Against Sexual Assault ; Amie Ely ; Sociology Prof. Jim Nolan West Va. University ; Justin Holland ; Wind River Crossing GM Ann Coker ; Ghbc Info ; Trevor Glynn ; Texas Apartment Association ; Bnaibrith Info ; MITProgram On HumanRights&Justice ; Austin American-Statesman Managing Editor John Bridges ; Austin Board of Realtors Andrei Lubomudrov (2015) ; Yessenia (Denny's Lakeline) ; Eric Polak ; Attorney General of Massachusetts ; district9@austintexas.gov ; District 8 ; Don Zimmerman District 6 Northwest Austin ; Austin City Council Member Ann Kitchen (2016) ; isonx001@umn.edu ; Miami Herald Letters To Editor ; chiefsoffice@newtonma.gov ; Massachusetts Chiefs of Police Assoc 2016 ; Mass. Dist. Attorneys Assn. ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Jackson Anna ; marcos.johnson@austintexas.gov ; Austin Regional Crime and Terrorism Intelligence Center ; Florida Sexual Crimes Investigators Assoc Pres. Minton (2016) ; California Sexual Assault Investigators Assn Pres. 2016 ; Chp Ca Webmaster ; Texasadvocacyproject Info ; StateRep.DonnaHoward ; Dwayne Bohac ; Celia Israel ; Crime Report Ed. Stephen Handelman (2016) ; Jennifer A. DeCamp ; Criminal Justice Journalists Board Member Rashbaum ; U.S. Department of Homeland Security ; Public Enquiries (CD) ; policechief@menlopark.org ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Houston Police Dept 2015 ; Gina Hinojosa ; Federal Law Enf. Officers Assn ; Texas Dept. of Public Safety Officers Assn. President ; sarah@nshhcoalition.org ; central_texas@cruz.senate.gov ; sally.hernandez@traviscountytx.gov
Sent: Tuesday, October 15, 2019, 04:28:21 PM CDT
Subject: Response to Request for Information - McMillan, J. (TCDA) [IWOV-CivilDB.FID467331]
Please note, below, that the Travis County District Attorney's Office in Austin, Texas, is currently seeking permission from the Attorney General of Texas to withhold from myself, public-information requestor John Kevin McMillan of Austin District 4, copies of recent e-mail correspondence between the local DA's Office Sex Crimes Unit and the Austin Police Department Sex Crimes Unit that each directly refer to myself by name.
The following is the exactly-quoted transcript of an attachment and an accompanying e-mail letter to me (next two documents, below) that I received today from the Travis County Attorney's Office in response to my October 5, 2019, e-mail public-information request (last item, below) to the Travis County District Attorney's Office.
Please note that I added two parenthetical clarifications of my own: the word "footnote" was added by me in two different sections of the following letter that was sent to me as an attachment..
In my Oct. 5, 2019, PIR (I, John McMillan) had sought a copy of "any and all e-mail communications between the Travis County DA's Office Sex Crimes Unit and the Austin Police Department Sex Crimes Unit at any time since 8 a.m. January 3, 2017, that, in each and every such case, refer at least once in any manner to myself, John Kevin McMillan of Austin, Texas."
_____
"October 15, 2019
"Via Hand Delivery
"Mr. Justin Gordon, Division Chief
"Office of the Attorney General of Texas—Open Records Division
"P.O. Box 12548
"Austin, Texas 78711-2548
"Via Hand Delivery
"Mr. Justin Gordon, Division Chief
"Office of the Attorney General of Texas—Open Records Division
"P.O. Box 12548
"Austin, Texas 78711-2548
"Re: Request from John McMillan received on October 7, 2019(footnote)1---Request for Ruling
"Dear Mr. Gordon:
TCDA is compiling information responsive to the request and
believes the responsive information may be excepted from required public disclosure.
Accordingly, to preserve TCDA’s rights under the PIA, we request an Attorney General decision as required by section 552.301 of the Government Code.
TCDA asserts all of the exceptions to disclosure within PIA subchapter C, sections 552.101 through 552.158 of the Government Code, inclusive.
TCDA asserts all of the exceptions to disclosure within PIA subchapter C, sections 552.101 through 552.158 of the Government Code, inclusive.
"A copy of the request for information (below, last item) is enclosed. Written comments stating the reasons why the raised exceptions apply and a copy or representative sample of the requested information will be forwarded to your office within fifteen business days of the date the request was received, as mandated by section 552.301(e).
"By copy of this letter, we are notifying the requestor that TCDA is requesting an Attorney
General decision as to whether the information is within an exception to public disclosure.
"If you have any questions, please contact me at (512) 854-9642 or e-mail at
matthew.entsminger@traviscountytx.gov.
"Sincerely,
(Signature of Matthew Entsminger)
"Matthew R. Entsminger
"Assistant County Attorney
"(footnote)1 The request was submitted by email on Saturday, October 5, 2019; accordingly, it is considered to have been received the next business day, Monday, October 7, 2019.
matthew.entsminger@traviscountytx.gov.
"Sincerely,
(Signature of Matthew Entsminger)
"Matthew R. Entsminger
"Assistant County Attorney
"(footnote)1 The request was submitted by email on Saturday, October 5, 2019; accordingly, it is considered to have been received the next business day, Monday, October 7, 2019.
"755760-1 332 Page 1 of 2 ________________
"Enclosure: Request Letter
"c: Sara Guerra Winn
"TCDA
"(via email, without enclosures)
"John Kevin McMillan
"8805 North Plaza Drive, Apt. 2418
"Austin, TX 78753
"(via email to: mcmillanj@att.net, without enclosures)"
"755760-1 332 Page 2 of 2
_______________________
From: Ramiro Gonzalez
To: 'mcmillanj@att.net'
Cc: Sara Guerra Winn ; Matthew Entsminger ; '000_3125 Open Record Requests TO BE FILED E_Mail Correspondence' <{F467331}.CivilDB@caics.travis.local>
Sent: Tuesday, October 15, 2019, 12:58:26 PM CDT
Subject: Response to Request for Information - McMillan, J. (TCDA) [IWOV-CivilDB.FID467331]
Dear Mr. McMillan,
Please review the attached response regarding your public information request submitted to the Travis County District Attorney’s Office.
Respectfully,
Ramiro “Ram” Gonzalez
Paralegal
Travis County Attorney’s Office
(512) 854-6470
On behalf of Matthew R. Entsminger
Assistant Travis County Attorney
Travis County Attorney’s Office
314 West 11th Street
P.O. Box 1748
Austin, TX 78767
(512) 854-9642
Fax: (512) 854-4808
From: John McMillan
To: Travis County DA's Office Open Records 2015 ; ACLU ; Texas Legal ; sally.hernandez@traviscountytx.gov ; District 4 ; rafael.kianes@austintexas.gov ; leticia.acosta@austintexas.gov ; Rey Arellano ; Travis County Commissioner Jeff Travillion (2017) ; Jeff Pender ; Darla Dixon ; Kirk Watson ; Rep. Sheryl Cole (2019 CentralTX) ; Austin Mayor Steve Adler ; Travis County Judge Sarah Eckhardt ; Travis County Commissioner Brigid Shea ; Gerald Daugherty ; Fbinaa Info ; Suzanne M. Abrego ; texasrealtors ; Austin Board of Realtors Andrei Lubomudrov (2015) ; Austin Board of Realtors-Govt. Relations ; State Comptroller Criminal Investigations Division Chief Martin Cano ; David Maxwell ; Public Information ; Office for Victims of Crime (U.S. DOJ) ; Joyfulheartfoundation Info ; Piper Stege Nelson ; Texas DPS Office of General Counsel ; Texas Rangers Division of DPS ; Rainn Info ; Texasadvocacyproject Info ; U.S. Department of Homeland Security ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; U.S. Rep. Lloyd Doggett (2015) ; central_texas@cruz.senate.gov
Sent: Saturday, October 5, 2019, 02:52:20 AM CDT
Subject: 10-5-19 PIR re: TCDA Sex Crimes Unit, APD Sex Crimes Unit, and me
To: Open Records Coordinator,
Travis County District Attorney's Office,
Open Records Division,
P.O. Box 1748,
Austin, TX 78767
October 5, 2019
Dear Open Records Coordinator,
This is a Texas Open Records request in which I seek to obtain from you a copy of any and all e-mail communications between the Travis County DA's Office Sex Crimes Unit and the Austin Police Department Sex Crimes Unit at any time since 8 a.m. January 3, 2017, that, in each and every such case, refer at least once in any manner to myself, John Kevin McMillan of Austin, Texas.
My legal name is John Kevin McMillan. My date of birth is April 27, 1957. I am a native of Lincoln, Nebraska.
I have most recently resided here in Austin, Texas, on a continuous and uninterrupted basis ever since mid-March 1997.
From October 1997 to October 1998, I worked full-time here in Austin for the Texas Department of Public Safety. My commanding officer in the Motor Carrier Bureau, Major Burroughs (sp?), advised me during a one-to-one meeting inside his office in 1998 that he had requested of me, to myself apply to work instead for the Attorney General of Texas state agency. Major Burroughs stated to me during that meeting that he believed I would be a better match for the Attorney General of Texas state agency than for the DPS. I did apply for employment with the Attorney General, but never received an employment offer from that state agency here in Austin. I was never fired from my job with the DPS. I left that position after I submitted my resignation there.
I myself do not have any criminal-conviction record.
Among the insights I hope to glean from this public-information request are:
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County DA's Office Sex Crimes Unit in regard to whether I have been and continue to be a victim of alleged continuous, daily-and-year-round sex crimes and other personal-injury-crimes allegedly being perpetrated on me during my sleeping hours on a nightly basis as I lie or lay alone, asleep and unconscious, on my own bed inside my bolt-locked rental apartment unit in Austin?
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County DA's Office in regard to which unauthorized "medical-services provider" has allegedly been illegally subjecting me against my wishes to nasal inhalants and oral inhalants and liquids during my sleeping hours as I lie alone on my own bed inside my bolt-locked apartment in Austin?
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County DA's Office in regard to whether the alleged nasal inhalants to which I have been subjected against my wishes during my sleeping hours inside my bolt-locked apartment unit have allegedly played a role in myself being held unconscious while being subjected to alleged sex crimes and alleged personal-injury crimes during my bedtime hours inside my bolt-locked apartment unit?
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County DA's Office Sex Crimes Unit in regard to what the time-deadline-related requirements and other legal requirements are, if any, for investigating and prosecuting a rape case that has been determined to be a continuous-and-still-continuing sexual-assault case?
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County District Attorney's Unit in regard to what prompted the Federal Bureau of Investigation of the United States Government to provide me with an "intake" interview on the telephone with a female FBI staff member on Monday, September 23, 2019, in regard to APD Case 16-1340923, with that telephone interview having concluded politely at 10:30 a.m. September 23?
---Has there been any other dialogue between the APD Sex Crimes Unit and the Travis County DA's Office Sex Crimes Unit in regard to the currently-active APD Sex Crimes Case 16-1340923 in which I am the cited victim and complainant?
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County DA's Office Sex Crimes Unit in regard to whether at least one additional DNA-trace forensic rape-evidence medical exam on myself should or could be ordered by APD in the very near future?
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County DA's Office Sex Crimes Unit in regard to whether there is a need for full 180-day or 190-day retroactive DNA-trace processing on each of the two total existing DNA-trace rape-evidence kits that were obtained from me by APD on April 28, 2011, and December 22, 2011, respectively, for APD Cases 11-1180447 and 11-3550615?
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County DA's Office Sex Crimes Unit in regard to whether it would be legal and justifiable for either the City of Austin or Travis County Government or the Federal Bureau of Investigation or a State of Texas agency to provide temporary 24-hour-a-day, seven-days-per-week electronic surveillance of the entire interior of my current apartment unit --- an efficiency rental unit in which I myself am the ONLY current official tenant and the ONLY current official occupant?
---Has there been any dialogue between the APD Sex Crimes Unit and the Travis County DA's Office Sex Crimes Unit in regard to what the possible point or points of illegal entry by a law-breaking trespasser into my current bolt-locked and fully-secured rental apartment unit might be or is or are at present, and whether there is some way to use technology available to either APD or the District Attorney's Office here in Austin to clearly identify the alleged points of entry being used by alleged trespassers allegedly breaking into my own current always-bolt-locked rental unit?
---Is there any evidence that any person currently employed in the APD Sex Crimes Unit or the Travis County DA's Office Sex Crimes Unit has indicated or stated that he or she does not believe my own repeated factual statements to APD and to the DA's office over a multi-year period about my being a longtime celibate, permanently-drinking-alcohol-free, permanently illicit-drug-free, law-abiding and honest single adult gentleman who ALWAYS sleeps alone on my own bed inside my bolt-locked apartment unit in Austin?
---Is there any evidence that any person currently employed by the APD Sex Crimes Unit or the Travis County DA's Office Sex Crimes Unit has indicated or stated that he or she senses or has concluded that my own credibility as a criminal-law complainant and self-identified crime victim here in Austin has somehow been undermined or harmed?
Thank you in advance for your very diligent and helpful reply letter providing me with any and all responsive legal documents.
Sincerely and Best Wishes,
John Kevin McMillan.
My current home address ever since June 21, 2019:
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (a second-floor, eastward-facing unit in Building 17), Austin, TX 78753.
My home phone: (512) 342-2295.
My cell phone: (512) 993-7305.
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