From: Sara Guerra Winn
To: 'John McMillan'
Cc: Gregg Cox ; Ashley Zamarron ; Sara Guerra Winn
Sent: Friday, November 8, 2019, 02:31:31 PM CST
Subject: Response to Open Records Request: John McMillan - 10/25/2019
Mr. McMillan,
Please see the attached letter in response to your request below.
Thank you,
Sara Guerra Winn
Senior Paralegal | Operations Division
Travis County District Attorney’s Office
512-854-9400
________________
(THE FOLLOWING IS AN EXACT VERBATIM TRANSCRIPT OF THE ENTIRE ABOVE-CITED ATTACHED SIGNED LEGAL REPLY LETTER TO MYSELF, PUBLIC-INFORMATION REQUESTOR JOHN KEVIN McMILLAN OF AUSTIN, TEXAS, FROM THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE IN AUSTIN, TEXAS:)
(THE FOLLOWING IS AN EXACT VERBATIM TRANSCRIPT OF THE ENTIRE ABOVE-CITED ATTACHED SIGNED LEGAL REPLY LETTER TO MYSELF, PUBLIC-INFORMATION REQUESTOR JOHN KEVIN McMILLAN OF AUSTIN, TEXAS, FROM THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE IN AUSTIN, TEXAS:)
OFFICE OF THE DISTRICT ATTORNEY
P.O. Box 1748
Austin, TX 78767
Telephone 512/854-9400
Telefax 512/854-4206
Ronald Earle Building
416 West 11th Street,
Austin, TX 78701
MARGARET MOORE
DISTRICT ATTORNEY
MINDY MONTFORD
FIRST ASSISTANT
"November 7, 2019
"VIA EMAIL -- mcmillanj@att.net
"Mr. John McMillan
"RE: Open Records Request Regarding: 'This is a Texas Open Records request in which I seek to obtain from you a copy of any and all e-mail communications that were written or received or forwarded by any investigator or other staff member or official of the Travis County DA's Office 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, or to APD Sex Crimes Case Number 16-1340923 in which I am the longtime-celibate-by-choice, permanently-alcohol-free, single-by-choice, adult Anglo male complainant.'
"Request Date: October 24, 2019 ---Received Next Business Day on October 25, 2019
"Dear Mr. McMillan:
"Our office has received your request wherein you ask for information related to the above. Please be advised that we have performed a thorough search of our e-mail communications and we do not have any records or documents that are responsive to your request.
"Please call me at 512-854-9400 if you have any questions.
"Sincerely,
"Gregg Cox,
"Assistant District Attorney
"Director of Operations
"GC: sgw"
____
From: John McMillan
Sent: Thursday, October 24, 2019 10:00 PM
To: DAOpenRecordsRequests; ; Fbinaa Info ; Texas Legal ; ACLU ; Office for Victims of Crime (U.S. DOJ) ; District 4 ; Travis County Commissioner Jeff Travillion (2017) ; Sarah Eckhardt ; Kirk Watson ; Brigid Shea ; Rep. Sheryl Cole (2019 CentralTX) ; Sally Hernandez ; U.S. Rep. Lloyd Doggett (2015) ; central_texas@cruz.senate.gov; City of Austin Interim City Attorney Anne Morgan ; David Escamilla ; Texas DPS Office of General Counsel ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; U.S. Department of Homeland Security ; Governor's Office of Texas Open Records Administrator ; Texasadvocacyproject Info ; Austin Mayor Steve Adler ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; John Hitzelberg ; Martin Jason [APD] ; Rey Arellano ; leticia.solis@austintexas.gov; Texas Rangers Division of DPS ; Joyfulheartfoundation Info ; David Maxwell ; Rainn Info ; Piper Stege Nelson ; Gerald Daugherty ; Attorney Cousin Jack Dane ; Cousin Jim Dane ; Safeplace Info ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Justin Holland ; patsy.spaw@senate.texas.gov; sarah@nshhcoalition.org; Christian Hawley ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Jeff Pender ; Gina Hinojosa ; Williamson County (TX) Attorney (2016) ; shawn.dick@wilco.org; Suzanne M. Abrego ; Saintalbert Info ; robert.kepple@tdcaa.com; Jalayne Robinson ; Shannon Edmonds ; Cedar Park (TX) Police (2016) ; Houston Police Dept 2015 ; Leander Police Chief Minton ; brooke.grona-robb@dallascounty.org; HarrisCountyDistrictAttorney'sOffice ; Los Angeles County CA District Attorney ; Amie Ely ; Attorney General of Massachusetts ; Texas Apartment Association ; Austin Board of Realtors-Govt. Relations ; Javier Cansino ; Sociology Prof. Jim Nolan West Va. University ; Spencer Cronk ; Wind River Crossing GM Ann Coker ; TRA General Counsel Kenneth Besserman ; Bnaibrith Info ; StateRep.DonnaHoward ; APD Interim Police Chief Brian Manley ; Doc Webmaster ; Austin City Auditor QA Coordinator (2016) ; Patti Smith ; Austin Regional Crime and Terrorism Intelligence Center ; richard.jennings@austintexas.gov; Sunset Valley Police Dept. Lt. Richard Andreucci ; Janedoe Info ; Austin Board of Realtors Andrei Lubomudrov (2015) ; Public Information ; AARP ; Ghbc Info ; Leslie DeGraffenried ; Human Rights Law Society (U of Chicago) ; Outback Asst Mgr Nick Burton ; Federal Law Enf. Officers Assn ; Yessenia (Denny's Lakeline) ; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy (2016) ; Jennifer A. DeCamp ; Roger Jefferies ; Casework Mccaul ; smccown@law.utexas.edu; district9@austintexas.gov; Don Zimmerman District 6 Northwest Austin ; Austin City Council Member Ann Kitchen (2016) ; Texas Freedom Network ; National Freedom of Information Coalition (2016) ; Criminal Justice Journalists Board Member Rashbaum ; Florida Sexual Crimes Investigators Assoc Pres. Minton (2016) ; Florida Sexual Crimes Investigators Assn. Exec Dir Moore 2016
Subject: [CAUTION EXTERNAL] 10-24-19 PIR re: TCDA Sex Crimes Unit and me
Sent: Thursday, October 24, 2019 10:00 PM
To: DAOpenRecordsRequests
Subject: [CAUTION EXTERNAL] 10-24-19 PIR re: TCDA Sex Crimes Unit and me
CAUTION: This email is from OUTSIDE Travis County. Links or attachments may be dangerous. Click the Phish Alert button above if you think this email is malicious.
To: Open Records Coordinator,
Travis County District Attorney's Office,
Open Records Division,
P.O. Box 1748,
Austin, TX 78767
October 24, 2019
Dear Open Records Coordinator for the Travis County DA's Office,
This is a Texas Open Records request in which I seek to obtain from you a copy of any and all e-mail communications that were written or received or forwarded by any investigator or other staff member or official of the Travis County DA's Office 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, or to APD Sex Crimes Case Number 16-1340923 in which I am the longtime-celibate-by-choice, permanently-alcohol-free, single-by-choice, adult Anglo male complainant.
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.
My three respective mailing addresses as an official rent-paying apartment tenant or management-approved rent-paying occupant on a multi-month basis in the period ever since January 3, 2017, have been:
---Village Oaks Apartments, 10926 Jollyville Road, Apt. 902, Austin, TX 78759;
---Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759;
and, ever since June 21, 2019, Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (a second-floor, eastward-facing unit in Building 17), Austin, Texas, 78753.
I have maintained the same personal e-mail address of "mcmillanj@att.net" throughout the entire period ever since January 3, 2017.
On October 17, 2019, I also obtained a new personal e-mail address for myself of "goody2shoes2019@gmail.com", which now gives me the opportunity to also receive and send e-mails through my first-ever cell phone that I purchased through AT&T in August 2019.
My landline home phone number of (512) 342-2295 remained the same throughout my entire multi-year period as an official rent-paying tenant or rent-paying approved occupant at each of my two respective rental units at Village Oaks Apartments and, more recently, has also continued for me as a rent-paying official tenant living alone at Pebble Creek Apartments in Austin District 4.
My first-ever and new cell phone, which I have been using ever since August 15, 2019, has a phone number through AT&T, my cell-phone service provider, of (512) 993-7305.
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 investigator or official of the Travis County DA's Office Sex Crimes Unit who believes or suspects that I myself 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 Investigator Dave Mahoney of the Travis County District Attorney's Office Child Abuse Unit ever written or sent or received any e-mail letter to the Travis County DA's Office Sex Crimes Unit that refers at least once to myself, John Kevin McMillan of Austin?
---Has there been any investigator or official of the Travis County DA's Office Sex Crimes Unit who suspects or believes that I myself have been subjected against my wishes to unauthorized and injurious "medical-services" that have included unwanted nasal inhalants and unwanted oral inhalants and unwanted liquids injected into my nostrils or mouth, all during my sleeping hours, as I lie alone, asleep and unconscious and probably also snoring, on my own bed inside my bolt-locked apartment in Austin?
---Has there been any dialogue within the Travis County DA's Office Sex Crimes Unit 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 Travis County District Attorney Margaret Moore sent any e-mail note to the Travis County District Attorney's Office Sex Crimes Unit in which she has stated in writing whether she is willing to prosecute in a court of law in Austin, Texas, at least one of the individuals who have allegedly illegally entered and allegedly trespassed inside my bolt-locked apartment unit and have allegedly subjected me to alleged sex crimes and other personal injury crimes during my sleeping hours inside my bolt-locked rental-apartment unit in Austin, Texas?
--Has Travis County District Attorney Margaret Moore ever written and sent any e-mail note to the Travis County DA's Office Sex Crimes Unit in which she expressed considerable concern that alleged home-invasion crimes and alleged personal-injury crimes and alleged hate crimes allegedly victimizing me during my sleep inside my bolt-locked apartment unit, as I lay ALONE on my own bed, have allegedly played a role in my having received five separate respective doctor-ordered surgeries for life-threatening medical problems inside local hospitals in the period ever since February 2016?
---Has Travis County District Attorney Margaret Moore stated in any e-mail to the Travis County DA's Office Sex Crimes Unit that she believes or suspects that I myself have been victimized by one or more forms of elder abuse --- I myself being a 62-year-old gentleman at present --- that are also in flagrant alleged violation of the law?
--Has Travis County District Attorney Margaret Moore stated in any email she sent to anyone employed in the Travis County DA's Office Sex Crimes Unit that she believes or suspects that my own status as a biological male, as a law-abiding opponent or critic of sex-change operations, as a citedly "prejudiced" person, as a citedly "homophobic" or "anti-gay" or "racist" person, or as the founder and sole current member of a new and non-Christian "Honor Society" religion with very stringent membership-eligibility requirements that favor law-abiding heterosexual men and law-abiding heterosexual women as prospective future new members, may have allegedly played a role in APD's apparent unwillingness to arrest any suspect in the continuous sex-crimes case from 2016 in which I myself am the cited single adult Anglo male victim?
---Has there been any dialogue among investigators and officials of 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 prosecuting a rape case in Austin that has been determined to be a continuous-and-still-continuing sexual-assault case?
---Has there been any dialogue between the Travis County District Attorney's Office Sex Crimes Unit and the Federal Bureau of Investigation 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 dialogue among staff members of 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 some official of Travis County Government in the very near future?
---Has there been any dialogue within 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 within the Travis County Sex Crimes Unit in regard to whether it would be legal and justifiable for either Travis County Government or the Federal Bureau of Investigation or a State Government of Texas agency to provide temporary 24-hour-a-day, seven-days-per-week electronic surveillance of the entire interior of my current rental-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 within the Travis County DA's Office Sex Crimes Unit in regard to what the possible point or points of entry by a law-breaking trespasser into my current double-bolt-locked and fully-secured rental apartment unit might be or is or are at present, and whether there is some way for county government investigators to use technology available to the District Attorney's Office or the Sheriff'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 employed in 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 marijuana-free and permanently-illicit-drug-free, dependably civil and 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 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, or, to the contrary, that my credibility as a criminal-law complainant has actually been strengthened significantly?
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, a former full-time employee in Austin of the Texas Department of Public Safety state agency.
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.
My two current e-mail addresses: mcmillanj@att.net
and, through my new AT&T cell phone service, goody2shoes2019@gmail.com
John Kevin McMillan
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