Wednesday, July 1, 2020

MY FOLLOW-UP LETTER TODAY TO GOVERNMENT OFFICIALS AND LAW-ENFORCEMENT OFFICERS IN REGARD TO AUSTIN POLICE DEPARTMENT'S REPLY TO MY APRIL 22, 2020, PUBLIC INFORMATION REQUEST FOCUSED ON ME


----- Forwarded Message -----
From: John McMillan
To: District 4 ; District 1 ; Council Member Flannigan ; Austin City Council Member Ann Kitchen 2016 ; district9@austintexas.gov ; district2@austintexas.gov ; District 7 ; Austin City Council Member Ellen Troxclair 2016 ; district3@austintexas.gov ; Austin Mayor Steve Adler ; City of Austin City Attorney Anne Morgan ; Margaret Moore ; david.escamilla@traviscountytx.gov ; TXGov Child Sex Trafficking Team 2020 ; Rep. Sheryl Cole 2019 CentralTX ; Hernandez Sally [TCSO] ; Daniel Evans ; Mike Henderson ; Dave Mahoney ; DFPS Office Of Consumer Relations ; Office for Victims of Crime U.S. DOJ ; Texas Rangers 2015 ; Fbinaa Info ; Spencer Cronk ; ogc.webmaster@dps.texas.gov ; Governor's Office of Texas Open Records Administrator ; Dennis Bonnen ; Dwayne Bohac ; Jeff Libby ; central_texas@cruz.senate.gov ; jessica_seale@cornyn.senate.gov ; david.maxwell@texasattorneygeneral.gov ; charles.wood@texasattorneygeneral.gov ; Charles Schwertner ; charles.perry@senate.texas.gov ; Kirk Watson ; Senator John Whitmire ; U.S. Department of Homeland Security ; Travis County Commissioner Brigid Shea ; campaign@saraheckhardt.com ; State Rep. Eddie Rodriguez (Austin area) ; StateRep.DonnaHoward ; Rep. Erin Zwiener 2019CentralTX ; Rep. John Bucy 2019CentralTX ; Commissioner Jeffrey Travillion 2019 ; Austin American-Statesman Managing Editor John Bridges ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; Darla Dixon ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Joyful Heart Foundation for Rape Victims ; Texas Legal ; U.S. Rep. Lloyd Doggett 2015 ; ACLU of Texas ; TRA General Counsel Kenneth Besserman ; takebackhope@tlsc.org ; gerald.daugherty@traviscountytx.gov ; State Senator Joan Huffman ; Rape Abuse and Incest National Network ; U.S. Dept of Commerce Civil Rights Div Officials ; Federal Trade Commission D.C. ; Federal Law Enf. Officers Assn ; FAIRHOUSING CRT (CRT) ; Center for Ethics and Public Integrity NAAG 2016 ; jsmith@pflugervilletx.gov ; Leander Police Chief Minton ; Cedar Park TX Police 2016 ; Sunset Valley Police Dept. Lt. Richard Andreucci ; APD Interim Police Chief Brian Manley ; United States Senate ; Bnaibrith Info ; Austin Chronicle Editors ; KEYE CBS News Austin 2017 ; Austin Police Dept. Asst. Chief Troy Gay ; bill.zedler@house.texas.gov ; CBS News '60 Minutes' Editors and Reporters <60m cbsnews.com="">; Humantrafficking ; Gina Hinojosa ; Justin Holland ; Joe Biden ; Texas Observer Editors ; Nicole D. Collier ; Todd Hunter ; Patrick B. Howard ; icehumantrafficking.helpdesk@dhs.gov ; Rosie Truelove ; marcos.johnson@austintexas.gov ; human.trafficking@ag.ny.gov ; Williamson County TX Attorney 2016 ; National Crime Victim Law Institute Lewis & Clark Law School Portland Oregon ; Texas Tribune Editor in Chief Evan Smith ; Criminal Justice Journalists Board Member Rashbaum ; Crime Report Ed. Stephen Handelman 2016 ; john.grove@minneapolismn.gov ; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy 2016 ; Jonathan Stickland ; jon.rosenthal@house.texas.gov ; Garnet F. Coleman ; Andrew Murr ; Andre Adams ; Robert Nichols ; Criminal Justice Journalists Brd Wenger 2016 ; Brandon Creighton ; Sociology Prof. Jim Nolan West Va. University ; Rep. James Talarico 2019 Central TX ; Rey Arellano ; shawn.dick@wilco.org ; Hays County TX Sheriff's Office CID Unit 2016 ; San Marcos Police Chief Chase Stapp 2017 ; FederalCommunicationsCommission ; Jeff Pender ; sam.biscoe@traviscountytx.gov ; verifcic@tmb.state.tx.us ; info@ghbc.org ; sonanast@sbcglobal.net ; news@texasmonthly.com ; KXAN TV News Investigations ; dhiott@kut.org ; news@dailytexanonline.com ; letters@washpost.com ; Houston Chronicle Letters to the Editor ; Lynne Lange ; chandean1@outlook.com ; michael.eveleth@austintexas.gov ; news@tpr.org ; margaret.gomez@traviscountytx.gov ; eddie.lucio@senate.texas.gov ; hubert.vo@house.texas.gov ; webmaster@sao.state.tx.us ; INFO@AUSTINCRIME.ORG ; val@austinpolice.com ; enrique.serrano@austintexas.gov ; bryan.snoddy@twc.state.tx.us ; jimdane@gmail.com ; lalaurence@gmail.com ; kwatson2@brandman.edu ; public.affairs@houstonpolice.org ; kpwatson@uh.edu ; cji@uh.edu ; hrp@law.harvard.edu ; najileg@gmail.com ; swjc@swjc.org ; stein@rice.edu ; manager@pebblecreekapartments.net ; cecil@belcoequities.com ; leasing@pebblecreekapartments.net
Sent: Wednesday, July 1, 2020, 04:00:47 PM CDT
Subject: APD Open Records Unit: Violent Crimes Sgt. LaDuque, Sex Crimes Sgt. Benningfield each wrote docs re: me in 2020

July 1, 2020
A respectful FYI to each of you elected officials and other government officials, law-enforcement officers, civic leaders, religious leaders, cultural leaders, friends, and very honorable cited Iowan relative of mine, on all of this,
from longstanding criminal-law complainant and self-identified-continuous-and-continuing-daily-and-year-round-and-multi-year-personal-injury-crimes-and-sex-crimes victim John Kevin McMillan of Austin, Texas.
My solo-occupancy (myself, only, and I as a longtime-celibate single adult Anglo gentleman ALWAYS sleep alone on a bed that I myself own), always-fully-bolt-locked-and-always-fully-locked efficiency-rental-apartment-unit home address ever since June 21, 2019: 
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (a second-floor, eastside unit in Bldg. 17, situated in the northeastern corner of this very large and gated-community apartment complex in northeast Austin), Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
My Blog: http://www.johnkevinmcmillan.blogspot.com

Below are some of the noteworthy legal documents that the Austin (TX) Police Department Open Records Unit sent me through attachments to a June 25, 2020, reply e-mail letter from that APD unit in response to my April 22, 2020, public-information request (final item, below) to APD. (I am currently waiting for a hard-copy printout from APD that will provide me with numerous other legal documents that APD has identified as also being responsive to that public-information request from myself.)
________

"Campbell, Cassie

"From: Benningfield, Sandra
"Sent: Tuesday, April 28, 2020 10:06
"To: Campbell, Cassie
"Subject: FW: 16-1340923

"Good morning,

"This is the only e-mail I found that I generated that referred to Mr. Millian (typographical error by Sgt. Benningfield).
"Sgt. Benningfield

"From: Benningfield, Sandra
"Sent: Thursday, January 9, 2020 8:03 AM
"To: Laduque, Jason ;
Jennings, Richard
"Cc: King, Michael
"Subject: RE: 16‐1340923

"We have a new case with him where he turned in a thumb drive with video. It has been assigned to Tom to review video to make sure there isn’t anything there. We also have a large folder with his video’s. He has been calling up here several times a week and sending e‐mails."

"From: Laduque, Jason
"Sent: Thursday, January 9, 2020 7:51 AM
"To: Jennings, Richard ;
Benningfield, Sandra
"Subject: FW: 16‐1340923
"Just fyi on this

"From: Laduque, Jason
"Sent: Thursday, January 9, 2020 7:13 AM
"To: King, Michael
"Subject: 16‐1340923
"Hello Mike,
"Hope all is well. Can I request a follow up on a subject that seems to be possibly deteriorating? He regularly sends large group emails to every police, city and state official you can think of. I have been saving the email under the above case number, however he does have several more recent cit interactions. Our admin said he is now calling several times a day, and his large group emails seem to be increasing. He is always polite but it is too much.

"The reason he contacts the sex crimes unit is because he says someone is coming through the walls and raping him multiple times on a nightly basis. He was instructed to set up deer cameras in his room, which he did and he thinks he has caught the suspect on the deer camera. Unfortunately it is just a lot of photos of him in his underwear in bed. There are some saved under the attachments in the above case number so you can get an idea of what I am talking about. He is a very educated man but has some issues that may be getting worse.

"His name is John McMillan, w/m 4/27/1957

"Let me know if I need to generate a new report and I can do that.

"Thanks,
"Jason

"Jason LaDuque Sergeant – Violent Crimes Area Command Austin Police Department 512.974.6872 | jason.laduque@austintexas.gov One Austin, Safer Together Keeping you, your family & our community safe through innovative strategies & community engagement."
_____________________
----- Forwarded Message -----
From: Austin Public Records Center
To: mcmillanj@att.net
Sent: Thursday, June 25, 2020, 04:32:05 PM CDT
Subject: [Austin Public Records Center] :: R036772-042220

The City of Austin has responsive information for your request. Please log in to the Open Records Center at the following link to download the responsive records.

Austin Police Department - R036772-042220

Please be advised the website only allows for two downloads of your files, once you have opened your files please save a copy for your records

Thank you for contacting the City of Austin.

Open Records Unit
Austin Police Department

To monitor the progress or update this request please log into the Austin Public Records Center"
_______
--- Please respond above this line ---

Re: Public Information Request of April 22, 2020, Reference # R036772-042220; 16-1340923 (but there may also be other cited applicable APD cases)

Dear John McMillan,

The Austin Police Department received a Public Information request from you on April 22, 2020, to request copies of records pertaining to the following:
“16-1340923 (but there may also be other cited applicable APD cases):

----- Forwarded Message -----

From: John McMillan
To: "management.records@austintexas.gov" ; ....(and numerous other cited carbon-copy recipients)

From: John Kevin McMillan, public-information requestor.
8805 North Plaza Drive, Apt. 2418 (in Building 17), Austin, TX 78753.
Home phone: (512) 342-2295.

April 15, 2020

To: Public Information Office,
Austin Police Department,
715 East 8th Street,
Austin, Texas 78701
Office phone: (512) 974-5017.

Dear Public Information Administrator for the Austin Police Department (APD),

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 by any of the following 15 cited APD officers----regardless of the their cited rank or APD division or assignment as officers during that period---at any time from 8 a.m. April 1, 2011, through the present, and that directly referred at least once in any manner to myself, John Kevin McMillan of Austin, Texas:

---Austin Police Chief Brian Manley.
---APD Chief of Staff and Assistant Police Chief Troy Gay.
---Assistant Police Chief Jennifer Stephenson.
---Commander Catherine Johnson.
---Commander Arthur Fortune.
---Lt. Gena Curtis.
---Lt. Brian Gruetzner.
---Sgt. Mark Jelesijevic.
---Sgt. Sandra Benningfield.
---Sgt. Micah Roberts.
---Sgt. Lance White.
---Detective Rob Field.
---Detective John Hitzelberg.
---Detective Jason Martin.
---Officer Ashley Uniszkiewicz

Included in the scope of this public-information request are any and all e-mail letters that any of the above-cited 15 APD officers wrote and sent sent to me.

My legal name is "John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska.

I am the longstanding criminal-law-complainant in the still-unsolved APD Case 16-1340923. It is an alleged continuous and continuing Sex Crimes case for which APD's Sex Crimes Unit in the latter half of 2019 and early January 2020 accepted from me a half-dozen or more flashdrives containing thousands of photo images of alleged home-invasion-crimes perpetrators and alleged sex-crimes perpetrators and alleged
personal-injury-crimes perpetrators that had been obtained for me in the latter half of 2019 by either of two motion-sensitive infrared cameras of mine from inside my bedroom during my sleeping hours as I lay ALONE on a twin-size bed I myself own inside my current solo-occupancy efficiency apartment unit in Building 17 at Pebble Creek Apartments, 8805 North Plaza Drive, in north Austin.

This public-information request was prompted by my noting today that in the approximately 13-year period ever since July 29, 2007, I myself can currently recall having received reply e-mail letters from at least 10 of APD's higher-ranking officers in response to e-mails from me referring to my being a victim of crime.

One of those e-mail letters directly addressed to me and directly sent to me, the very last item below, was from Austin Police Chief Art Acevedo.

Those 10 current or former higher-ranking APD officers are or were: APD Chief Art Acevedo; APD Assistant Chief Sean Mannix; APD Commander Julie O'Brien; Lt. Brian Gruetzner; APD Lt. Gena Curtis; APD Sgt. Mark Jelesijevic; APD Sgt. Micah Roberts; APD Sergeant Lance White; APD Night Shift Detective Rob Field; and Sergeant Michael King.

I have been a resident of Austin, Texas, on a continuous and uninterrupted basis ever since mid-March 1997.

In the applicable period ever since April 1, 2011, I have resided as a rent-paying official tenant or rent-paying management-team-approved occupant at the following respective home addresses:

---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Austin, TX 78759.
---Crossland Economy Studios, 12621 Hymeadow Road, Room 133, Austin, TX 78729.
---Village Oaks Apartments, 10926 Jollyville Road, Apt. 902, Austin, TX 78759.
---Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.
---Austin Motor Inn, 11400 N Interstate Hwy 35, Austin, TX 78753.
---Pebble Creek Apartments, 8805 North Plaza Drive, Apartment 2418, Austin, TX 78753.

I have paid for and maintained the same landline phone number (512-342-2295) and the same primary e-mail address (mcmillanj@att.net) throughout the entire approximately nine-year period applicable to this public-information request. Ever since August 2019, I have also paid for and obtained cell phone service for myself through AT&T, with my cell phone number being (512) 993-7305. 

Below, for your convenience, are copies of e-mail reply letters, each of them sent to me this century, that I have received from seven respective higher-ranking APD officials and, in one other case immediately below, a lower-ranking APD officer, Officer Ashley Uniszkiewicz, who emphasized to me in writing in her January 22, 2020, reply letter to me that she serves as a negotiator and a "special response team" member, and that she also does patrol duty for APD:

Uniszkiewicz, Ashley
To:John McMillan
Wed, Jan 22 (2020) at 8:05 AM

Good Morning John,
I am an officer with APD just trying to assist you. I do work with the CIT unit but am also a negotiator and on special response team. I also still work quite a bit of patrol. You have every right to file any criminal charge, however due to various reason, charges are unable to be pressed against the people you are wanting to press
charges against. I am merely trying to assist you in the best way possible. The individuals you keep emailing are unable to help you, and have asked me to try and assist you.

Thank you,
Officer Uniszkiewicz #6837
___
John McMillan
To:Uniszkiewicz, Ashley,Fbinaa Info,Mike Henderson,sandra.benningfield@austintexas.gov,Hernandez Sally [TCSO]
Tue, Jan 21 (2020) at 3:47 PM
Dear APD Officer Uniszkiewicz,
One polite question for you:
Are you a crime investigator for Austin Police?
If not, an attorney member of the State Bar of Texas has helpfully advised me not to have any communications with an APD mental-health office.
I am psychologically healthy, as you know, and I am among the top 1 percent of the most honest and law-abiding single adult white men of Austin. I am also gainfully employed and have good continuity with my employers.

I am very law-abiding and vigilant and I am a longstanding criminal-law complainant with APD. I do very emphatically insist on my legal right to press criminal-law charges through APD or the FBI against any and all persons---regardless of whether they are "effeminate", "gay", "homosexual", "bisexual", "African-American", "dark-skinned", "Jewish", "Italian", "senior citizens", cited "relatives" of mine, etc.,--- who allegedly are ever determined to have been physically present ANYWHERE inside my bolt-locked apartment unit at any time during my sleeping hours or at any time during my napping hours.

Sincerely and Best Wishes,
John Kevin McMillan.
8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305
____
Uniszkiewicz, Ashley
To:mcmillanj@att.net
Tue, Jan 21 (2020) at 2:06 PM

Hi John,

My name is Officer Uniszkiewicz and I have been forwarded some of your recent emails you have been sending to numerous people. Unfortunately none of the people you are emailing can help you with the concerns that you have and would like me to speak with you to see how we can help you.
Please email me back or call me at the below phone number so I can assist you in the best way possible.

Thank you,
Officer Ashley Uniszkiewicz #6837
512-854-3442—desk
Ashley.uniszkiewicz@austintexas.gov
____
Jelesijevic, Mark
To:John McMillan
Cc:Martin, Jason [APD]
Thu, Aug 15, 2019 at 3:19 PM

Mr. McMillan,
As per our conversation yesterday I told you that you could make arraignments for a patrol officer to pick up your video for submission to the Sex Crimes Unit. As for confirmation regarding reports , videos, and misc. documents you will need to contact the Records Unit and request them under open records.

In regards to suspicious subjects you will need to call 311 to report and request a patrol officer to respond.

Sgt. Jelesijevic # 3462
____
----- Forwarded Message -----
From: Field, Robert
To: "mcmillanj@att.net"
Sent: Saturday, December 27, 2014, 12:36:29 AM CST
Subject: RE: rejection E-mail to me from 'San Antonio FBI' re: my PIR to OAG on rape-crime evidence kit

Mr McMillan,
Could you please remove me from your email list.

Thank you

Detective Rob Field 2752
Austin Police DepartmentRegion 1 / Night Shift Detectives
(512) 974-8146
Robert.field@austintexas.gov
_______
From: "White, Lance"
To: 'John McMillan'
Cc: "Suitt, Keith" ; "Baker, Donald"
Sent: Monday, May 5, 2014 11:26 AM
Subject: RE: 5-1-14 follow-up question for APD Sgt. Lance White (AP3667)

Mr. McMillan,

I have reviewed the report and the audio/video recording of the incident under case number 14-0200747. Officer Best clearly states that “I am not forbidding you from calling.”

Officer Best suggested to you that “you need to stop calling for this event,” however, “if you have locked your door and it is broken in the morning, or there is some amount of evidence that furthers something then yes you need to call us, or if you want to speak with a mental health officer then yes we will come out and talk with you.”

I find no evidence that Officer Best has prohibited you from calling 911.
_______
Gruetzner, Brian
To:John McMillan
Mon, Feb 10 (2020) at 12:57 PM

Hello Sir,

I am not assigned to the Sex Crimes Unit and I do not supervise Sgt. Benningfield.

Thank you,
Lt. Brian Gruetzner
_______
----- Forwarded Message
From: Roberts, Micah
To: John McMillan
Cc: Robinson, Brian Sr
Sent: Tuesday, February 18, 2020, 07:38:46 AM CST

Subject: RE: 2-17-20 ORR re: TX OAG Human Trafficking/Organized Crime Section and me

Mr. McMillan,

I have received your email. However, I am over the firearms unit. This email you provided has been forwarded to our Human Trafficking Unit.

Thanks,
Austin Police Department Sergeant Micah Roberts 4499
Career Criminal Unit
Office: 512-974-4499
Micah.roberts@austintexas.gov
__________________________________

---- Forwarded Message -----
From: Curtis, Gena
To: John McMillan
Cc: King, Michael ; Larroque, Lelan
Sent: Monday, February 17, 2020, 09:40:36 AM CST
Subject: RE: 2-17-20 ORR re: TX OAG Human Trafficking/Organized Crime Section and me

Good morning,

In the future if you need to connect with someone at the Austin Police Department please feel free to reach out to either Officer Larroque or Sgt. Mike King; both are copied on this email. Please have no further contact with me, Lt. Gena Curtis. Have a great day!

Lt. Gena Curtis #2170
Investigations 2(Sex Crimes, Domestic Violence & C.R.A.S.H. Units)
Austin Police Department
P.O. Box 689001
Austin, Texas 78768-9001
(512) 974-5570
....
______________

For the record, and as noted above in this public-information request, Austin Police Chief Art Acevedo was the most recent APD Chief or Interim APD Chief who wrote and sent me a reply letter of any type or in any context.

That reply letter from Chief Acevedo was written and sent to me about 13 years ago, in 2007:

----- Forwarded Message -----
From: Acevedo, Art [APD]
To: "mcmillanj@att.net"
Sent: Sunday, July 29, 2007, 09:57:07 AM CDT

Subject: RE: 7-27-07 reply sought re: four criminal-law issues in Austin

Dear Mr. McMillan,

Thank you for your note. I expect our members to enforce violations of law as required. Reports to Council will be made consistent with past practice and statute.

Regards,
ART ACEVEDO
Chief of Police
Austin Police Department
________________________________


From: John McMillan [mailto:mcmillanj@att.net]
Sent: Fri 7/27/2007 12:28 AM
To: Acevedo, Art [APD]
Subject: 7-27-07 reply sought re: four criminal-law issues in Austin
To: Austin Police Chief Art Acevedo, Austin Police Department, City of Austin, Austin, Texas.

July 27, 2007

Dear Chief Acevedo,

Congratulations on your very influential new position as Chief of Police for the City Government of Austin.

As a resident of Austin ever since mid-March of 1997, most recently, I am writing to ask you:

---whether you have any plans to request that the Austin Police Department (APD) compile and share with the Austin City Council at a designated public meeting of the Council, a monthly or semiannual or annual APD report providing statistics and other factual information about APD's most recent efforts at enforcing any and all applicable laws, including any municipal ordinance, prohibiting or restricting noise pollution in Austin.

---whether you believe that the Austin Police Department at present adequately enforces any and all applicable laws prohibiting or restricting certain types of anonymous communications in any and all contexts that might ever arise for which a criminal-law implication deriving from those anonymous communications might ever be cited or alleged.

----whether the Austin Police Department should have any role in helping to deter fraudulent or obscene verbalized communications by any media company or any cited business entity or non-profit organization or government-owned entity operating in Austin, Texas.

---whether you believe that the Austin Police Department currently does enough to compile statistical data relating to, and also investigate, alleged cases of verbal harassment or alleged terroristic threats being verbalized in Austin, Texas, in which alleged slander or alleged verbalization of death threats, for that matter, allegedly occur as well.

Thank you in advance, Chief Acevedo, for your very helpful responses to these four hopefully-polite questions from myself.

Sincerely and Best Wishes from a law-abiding and honest, clean-talking, non-stalking and consistently civil, teetotaling and alcohol-free, tobacco-free, facially cleanshaven, tattoo-less, former full-time clerical employee of the Texas Department of Public Safety state agency in Austin, John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Phone: (512) 342-2295

John Kevin McMillan

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