Thursday, February 11, 2021

MY REPLY LETTER TODAY TO THE OPEN RECORDS UNIT OF THE AUSTIN POLICE DEPARTMENT

 

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

From: John McMillan <mcmillanj@att.net>
To: Austin Public Records Center <austintx@mycusthelp.net>; State Senator Sarah Eckhardt 2020 <sarah.eckhardt@senate.texas.gov>; Senator Sarah Eckhardt Constituent Assistance <district14.eckhardt@senate.texas.gov>; Senator Sarah Eckhardt Public Policy <andromeda.roberts@senate.texas.gov>; Senator Sarah Eckhardt Political Items <sarah@saraheckhardt.com>; Fbinaa Info <info@fbinaa.org>; Texas Rangers 2015 <rangers@dps.texas.gov>; DOJ Sexual Harassment in Housing Initiative (CRT) <sexualharassment.inhousing@usdoj.gov>; FAIRHOUSING CRT (CRT) <fairhousing@usdoj.gov>; U.S. Dept. of Housing and Urban Devlpt (TX regional office) <tx_webmanager@hud.gov>; City of Austin EEOC/Fair Housing Administrator Enrique Serrano <enrique.serrano@austintexas.gov>; City of Austin City Attorney Anne Morgan <anne.morgan@austintexas.gov>; Office for Victims of Crime U.S. DOJ <itverp@usdoj.gov>; Office for Victims of Crime U.S. Justice Dept. <ttac@ovcttac.org>; Austin City Auditor QA Coordinator 2016 <olga.ovcharenko@austintexas.gov>; jose.garza@traviscountytx.gov <jose.garza@traviscountytx.gov>; Hernandez Sally [TCSO] <sally.hernandez@traviscountytx.gov>; debbie.reynolds@traviscountytx.gov <debbie.reynolds@traviscountytx.gov>; Mike Henderson <mike.henderson@traviscountytx.gov>; Daniel Evans <daniel.evans@traviscountytx.gov>; Dave Mahoney <dave.mahoney@traviscountytx.gov>; Humantrafficking <humantrafficking@oag.texas.gov>; Polarisproject Info <info@polarisproject.org>; National Human Trafficking Hotline <nhtrc@polarisproject.org>; People Against Violent Crime 2020 <pavc@peopleagainstviolentcrime.org>; Rep. Sheryl Cole 2019 CentralTX <sheryl.cole@house.texas.gov>; Texas Lt. Gov Dan Patrick <dan.patrick@ltgov.texas.gov>; Governor's Office of Texas Open Records Administrator <publicrecords@governor.state.tx.us>; TXGov Child Sex Trafficking Team 2020 <cstt@gov.texas.gov>; Trustees <trustees@austinisd.org>; Texas Education Agency 2016 <teainfo@tea.texas.gov>; CID <cid@cpa.texas.gov>; Austin Board of Realtors-Govt. Relations <government@abor.com>; Nicole D. Collier <nicole.collier@house.texas.gov>; Senator John Whitmire <john.whitmire@senate.texas.gov>; State Senator Joan Huffman <joan.huffman@senate.texas.gov>; Texas City Attorneys Assoc. Dir. Mims 2016 <paigem@plano.gov>; delia.garza@traviscountytx.gov <delia.garza@traviscountytx.gov>; U.S. Dept of Commerce Civil Rights Div Officials <webmaster@doc.gov>; Federal Trade Commission D.C. <webmaster@ftc.gov>; FederalCommunicationsCommission <fccinfo@fcc.gov>; CentersforDiseaseControlU.S.Govt. <cdcinfo@cdc.gov>; State Rep. Harold Dutton <harold.dutton@house.texas.gov>; Andrew Murr <andrew.murr@house.texas.gov>; Robert Nichols <robert.nichols@senate.texas.gov>; Crime Victims' Institute2020 Sam Htn State U <crimevictims@shsu.edu>; Austin Crime Commission 2020 <info@austincrime.org>; District 1 <district1@austintexas.gov>; district2@austintexas.gov <district2@austintexas.gov>; district3@austintexas.gov <district3@austintexas.gov>; Austin City Council Member Ann Kitchen 2016 <district5@austintexas.gov>; Council Member Flannigan <district6@austintexas.gov>; District 7 <district7@austintexas.gov>; Austin City Council Member Ellen Troxclair 2016 <district8@austintexas.gov>; district9@austintexas.gov <district9@austintexas.gov>; andy.brown@traviscountytx.gov <andy.brown@traviscountytx.gov>; Travis County Commissioner Jeffrey Travillion 2017 <jeffrey.travillion@traviscountytx.gov>; ann.howard@traviscountytx.gov <ann.howard@traviscountytx.gov>; Travis County Commissioner Brigid Shea <brigid.shea@traviscountytx.gov>; tracy.martinez@dps.texas.gov <tracy.martinez@dps.texas.gov>; margaret.gomez@traviscountytx.gov <margaret.gomez@traviscountytx.gov>; Texas Tribune Editor in Chief Evan Smith <esmith@texastribune.org>; NYT News Tips <nytnews@nytimes.com>; steven.rich@washpost.com <steven.rich@washpost.com>; bchasnoff@express-news.com <bchasnoff@express-news.com>; tsteele@dallasnews.com <tsteele@dallasnews.com>; DMN Austin Bureau Reporter Robert Garrett <rtgarrett@dallasnews.com>; david.maxwell@texasattorneygeneral.gov <david.maxwell@texasattorneygeneral.gov>; charles.wood@texasattorneygeneral.gov <charles.wood@texasattorneygeneral.gov>; public.information@texasattorneygeneral.gov <public.information@texasattorneygeneral.gov>; angela.paxton@senate.texas.gov <angela.paxton@senate.texas.gov>; info@texaspoliceassociation.com <info@texaspoliceassociation.com>; U.S. Department of Homeland Security <private.sector@dhs.gov>; tammymartin@texaspolicechiefs.org <tammymartin@texaspolicechiefs.org>; Gina Hinojosa <gina.hinojosa@house.texas.gov>; District 4 <district4@austintexas.gov>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; chris@tml.org <chris@tml.org>; ethics@trynova.org <ethics@trynova.org>; aely@naag.org <aely@naag.org>; keith.bell@house.texas.gov <keith.bell@house.texas.gov>; jeff.cason@house.texas.gov <jeff.cason@house.texas.gov>; jasmine.crockett@house.texas.gov <jasmine.crockett@house.texas.gov>; paul.bettencourt@senate.texas.gov <paul.bettencourt@senate.texas.gov>; juan.hinojosa@senate.texas.gov <juan.hinojosa@senate.texas.gov>; brian.birdwell@senate.texas.gov <brian.birdwell@senate.texas.gov>; borris.miles@senate.texas.gov <borris.miles@senate.texas.gov>; brandon.creighton@senate.texas.gov <brandon.creighton@senate.texas.gov>; kpwatson@uh.edu <kpwatson@uh.edu>; takebackhope@tlsc.org <takebackhope@tlsc.org>; Texas Association Against Sexual Assault Atty Kaiser 2016 <ckaiser@taasa.org>; Saundra Ragona <ssragona@gmail.com>; nathan.johnson@senate.texas.gov <nathan.johnson@senate.texas.gov>; bryan.hughes@senate.texas.gov <bryan.hughes@senate.texas.gov>; drew.springer@senate.texas.gov <drew.springer@senate.texas.gov>; judith.zaffirini@senate.texas.gov <judith.zaffirini@senate.texas.gov>; james.white@house.texas.gov <james.white@house.texas.gov>; rhetta.bowers@house.texas.gov <rhetta.bowers@house.texas.gov>; Houston Chronicle Letters to the Editor <viewpoints@chron.com>; vikki.goodwin@house.texas.gov <vikki.goodwin@house.texas.gov>; tony.tinderholt@house.texas.gov <tony.tinderholt@house.texas.gov>; cole.hefner@house.texas.gov <cole.hefner@house.texas.gov>; sam.harless@house.texas.gov <sam.harless@house.texas.gov>; shandelman@jjay.cuny.edu <shandelman@jjay.cuny.edu>; Criminal Justice Journalists Board Member Rashbaum <rashbaum@nytimes.com>; lynn.stucky@house.texas.gov <lynn.stucky@house.texas.gov>; charles.anderson@house.texas.gov <charles.anderson@house.texas.gov>; john.turner@house.texas.gov <john.turner@house.texas.gov>; jason.laduque@austintexas.gov <jason.laduque@austintexas.gov>; lelan.larroque@austintexas.gov <lelan.larroque@austintexas.gov>; michael.king@austintexas.gov <michael.king@austintexas.gov>; james.turner@austintexas.gov <james.turner@austintexas.gov>; daniel.portnoy@austintexas.gov <daniel.portnoy@austintexas.gov>; justin.holland@house.texas.gov <justin.holland@house.texas.gov>; Rep. John Bucy 2019CentralTX <john.bucy@house.texas.gov>; Rep. Erin Zwiener 2019CentralTX <erin.zwiener@house.texas.gov>; gina@austinpolice.com <gina@austinpolice.com>; Michael Eveleth <michael.eveleth@austintexas.gov>; Texas Legislative Council General Counsel 2016 <jon.heining@tlc.texas.gov>; ocrcomplaint@hhs.gov <ocrcomplaint@hhs.gov>; ask@hhs.gov <ask@hhs.gov>; central_texas@cruz.senate.gov <central_texas@cruz.senate.gov>; jacob_chamblin@cruz.senate.gov <jacob_chamblin@cruz.senate.gov>; Office Dallas (Cornyn) <dallas_office@cornyn.senate.gov>; webmaster@cornyn.senate.gov <webmaster@cornyn.senate.gov>; kate_moriarty@cornyn.senate.gov <kate_moriarty@cornyn.senate.gov>; aanjali.anderson@usdoj.gov <aanjali.anderson@usdoj.gov>; open.government@ssa.gov <open.government@ssa.gov>; elder.justice@usdoj.gov <elder.justice@usdoj.gov>; ocr@dfps.state.tx.us <ocr@dfps.state.tx.us>; kristy.astran@austintexas.gov <kristy.astran@austintexas.gov>; blair.brozynski@austintexas.gov <blair.brozynski@austintexas.gov>; Traviscountydemocrats Info <info@traviscountydemocrats.org>; travis.vonholt@austintexas.gov <travis.vonholt@austintexas.gov>; lawrence.davis@austintexas.gov <lawrence.davis@austintexas.gov>
Sent: Thursday, February 11, 2021, 08:08:53 PM CST
Subject: Re: [Austin Public Records Center] :: R053238-020921

February 11, 2021

Dear Open Records Unit Officials of the Austin Police Department in this state-capital city for Texas,

Thank you for your reply letter (final item, below) today in response to my February 9, 2021, public-information request.

I am very surprised and very disappointed to read that for the most recent more than one-and-one-half-year period, the Austin Police Department has no record of any phone calls directly referring to myself or to my current apartment unit, Apt. 2418 at Pebble Creek Apts., that were received or made by the office of Austin Assistant City Manager for Public Safety Rey Arellano, who oversees the Austin Police Department for City Hall; the office of Austin Police Chief Brian Manley; or the office of Austin Police Department Chief of Staff Troy Gay, who is also an APD Assistant Police Chief.

Your reply to me today also indicates that during the applicable very recent time period you have no record of any phone calls from, or received by, the office of Austin Mayor Steve Adler or the offices of Austin District 4 Representative and City Council Member Greg Casar---who himself directly represents and serves my current District 4 geographical district on the Austin City Council---in which any of the above-cited APD-affiliated officials or any member of their respective offices' staff  had any direct role in that phone call or phone conversation.

Please let me know  as soon as possible if you believe that the above summary of your reply message to me today is inaccurate in any way.

Finally, I would like to respectfully remind you that your APD Open Records Unit responded to my January 5, 2021, online public-information request (request number R051271-010521) by informing me in writing on February 5, 2021, that APD has no record of any "e-mail communications or other written communications referring to me at least once in any manner that occurred from 12:01 a.m. June 21, 2019, until 3:45 p.m. January 5, 2021, between either APD Chief Manley or APD Chief of Staff Gay, and the office of Mayor Adler or the offices of District 4 City Council Member Casar." 

As you are no doubt very aware, the Austin Police Department Sex Crimes Case during the applicable more than one-and-one-half-year time period has at various times had active sex-crimes cases referring to me as the cited victim and complainant. 

Crime cases in which I was the cited victim and complainant that have been classified as active with the APD Sex Crimes Unit during my current period of residence as an official tenant at Pebble Creek Apartments, have included: APD Case 20-3161213, for which APD accepted a flashdrive of very recent infrared-motion-sensitive-camera photo-images crime evidence from me on November 11, 2020; and APD Sex Crimes Case 16-1340923. From the summer of 2019 through early January 2020, the APD Sex Crimes Unit accepted numerous separate flashdrives of alleged home-invasion-crimes infrared-motion-sensitive-camera photographic evidence from me for that crime case after it was reopened by APD in the summer of 2019.

As I'm sure you know, APD is maintaining two separate forensic-medical-swabs rape-evidence kits from 2011 that your law-enforcement agency obtained from me here in Austin at my request. Ever since early 2012, however, APD has never at any time authorized any additional forensic medical-evidence DNA-swabs medical exam on myself that I have requested on numerous separate occasions over a multi-year period, including last year and this year.

Sincerely and Best Wishes,
John Kevin McMillan, public-information requestor and longstanding criminal-law complainant with the Austin Police Department in this state-capital city for Texas. Throughout the more than one-and-one-half-year period applicable to the above-cited February 9, 2021, public information request of mine to APD, I have repeatedly complained to the Austin Police Department, including to the APD Sex Crimes Unit, that I myself have been victimized on a daily and year-round basis inside my double-bolt-locked apartment unit by alleged home-invasion-crimes perpetrators, alleged trespassers, alleged anal-rape-crimes perpetrators, alleged personal-injury-crimes perpetrators, alleged sleep-harassment-crimes perpetrators, and alleged unauthorized and injurious "medical" services providers during my sleeping hours as I lay or lie alone on my own bed, asleep and unconscious and probably snoring, inside my solo-occupancy double-bolt-locked efficiency-apartment unit at Pebble Creek Apartments.

My solo-occupancy efficiency-apartment-unit rental-apartment-unit address ever since June 21, 2019:
Pebble Creek Apartments (a Belco Equities-affiliated, gated-community complex), 8805 North Plaza Drive, Building 17 (at northeastern corner of complex), Apt. 2418 (a second-floor, eastward-facing unit), Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.

John Kevin McMillan


On Thursday, February 11, 2021, 11:34:04 AM CST, Austin Public Records Center <austintx@mycusthelp.net> wrote:




--- Please respond above this line ---



Re: Open Record Request of February 09, 2021, Reference # R053238-020921

Dear Mr. John Kevin McMillan,

The Austin Police Department (APD) received a Public Information request from you on February 09, 2021, to request copies of records pertaining to the following:

“I am seeking a copy of any and all notes or messages from, or records of, telephone conversations or telephone calls referring in any manner at least once to me or to my current Pebble Creek Apartments rental-apartment unit, that occurred sometime between 12:01 a.m. June 21, 2019, and 3:04 p.m. February 9, 2021, between or amongst any official or staff member in the office of Austin Assistant City Manager for Public Safety Rey Arellano; APD Chief Brian Manley or any staff member he supervises in the Chief's Office; APD Chief of Staff Troy Gay or any of the staff members Assistant Chief Gay directly supervises in his own office; any official or staff member in the office of Austin Mayor Steve Adler; and/or any official or staff member in any of the government offices of District 4 City Council Member Greg Casar.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, NE. Ever since June 21, 2019, I have resided alone inside an always-bolt-locked solo-occupancy efficiency in District 4. My address: Pebble Creek Apts., 8805 N. Plaza Dr., Bldg. 17, Apt. 2418, Austin, TX 78753. Home phone: (512) 342-2295. Cell: (512) 993-7305. 
This request was prompted by an exchange of e-mail letters I had with City Council Member Chris Riley in 2012 that referred to any possible communications between Mr. Riley and APD in regard to me: 
On Wed, 5/30/12, Riley, Chris wrote:
From: Riley, Chris Subject:
RE: 5-25-12 Question for Council Member Riley 
To: "John McMillan" 
Date: Wednesday, May 30, 2012, 10:09 PM 
No, John, neither I nor my staff have ever asked the APD to send officers to your apartment, or anyone else’s. 
Regards, Chris Riley 
___ 
From: John McMillan [mailto:mcmillanj@att.net] 
Sent: Friday, May 25, 2012 12:53 PM 
To: Riley, Chris Subject: 5-25-12 Question for Council Member Riley 
...Two Austin Police Department officers knocked on the front door of my apartment...yesterday...and indicated to me...that one or more members of the...City Council had reportedly been offended by infra-red spy-camera photos those City Council members apparently viewed that had been taken on my own behalf inside my bolt-locked and apparently-secured, top-floor, vaulted-ceiling, private one-bedroom apartment unit....
I am referring to the 20 total infra-red-camera spy-camera photos that were recently E-mailed by myself to several...City Council members as...attachments to a courtesy-carbon-copy I sent to yourself and several of your City Council colleagues of a...complaint I'd written and E-mailed to the Office of the Police Monitor...
Those crime-reports from myself referred to alleged...physical abuse of myself and alleged personal injury to myself by...illegal intruders inside my bolt-locked apartment unit ---- alleged physical abuse and alleged personal injury of myself and alleged...violations of my...privacy rights that allegedly occurred on a daily and year-round basis during my nocturnal slumber... 
One of the...officers, APD Officer James Turner...repeatedly and with very apparent anger toward me...(demanded)...that I "cease and desist"...from...sending any...spy-camera infrared-photos...to any...member of the...City Council....

Council Member Riley, did you or one of your staff members...ask (APD) to send...officers to visit my apartment...and...state to me that I am...forbidden from...sending to ANY...member of the...City Council ANY of the spy-camera photos that have been taken on my behalf inside my bolt-locked...apartment...by an infra-red...camera owned by myself?...
Sincerely..., John Kevin McMillan...11411 Research Boulevard..., Apt. 325..., Austin, Texas, 78759...”


A thorough search of records of the Austin Police Department provided no responsive information.

Thank you for contacting the Austin Police Department.

Open Records Unit
Austin Police Department

To monitor the progress or update this request please log into the Austin Public Records Center

GovQA logo

No comments:

Post a Comment

Please Leave Your Comments Here.