----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
To: APD PIO <police3@austintexas.gov>; William Costello <william.costello@austintexas.gov>; steven.mccraw@dps.texas.gov <steven.mccraw@dps.texas.gov>; christopher.keen@austintexas.gov <christopher.keen@austintexas.gov>; Fbinaa Info <info@fbinaa.org>; Austin Police Dept. Asst. Chief Troy Gay <troy.gay@austintexas.gov>; Texas Rangers (2015) <rangers@dps.texas.gov>; Patricia <patricia.cruz@austintexas.gov>; kurtis.krause@austintexas.gov <kurtis.krause@austintexas.gov>; Office for Victims of Crime (U.S. DOJ) <itverp@usdoj.gov>; U.S. Department of Homeland Security <private.sector@dhs.gov>; Hernandez Sally [TCSO] <sally.hernandez@traviscountytx.gov>; delia.garza@traviscountytx.gov <delia.garza@traviscountytx.gov>; City of Austin City Attorney Anne Morgan <anne.morgan@austintexas.gov>; takebackhope@tlsc.org <takebackhope@tlsc.org>; The White House Attn Pres. Biden <engagement@ostp.eop.gov>; csfc@nsa.gov <csfc@nsa.gov>; brent.dupre@texasattorneygeneral.gov <brent.dupre@texasattorneygeneral.gov>; Josh Reno <josh.reno@texasattorneygeneral.gov>; Humantrafficking <humantrafficking@oag.texas.gov>; elder.justice@usdoj.gov <elder.justice@usdoj.gov>; icehumantrafficking.helpdesk@dhs.gov <icehumantrafficking.helpdesk@dhs.gov>; DOJ Sexual Harassment in Housing Initiative (CRT) <sexualharassment.inhousing@usdoj.gov>; Texas anti-crime Fusion Center 2021 <txfc@dps.texas.gov>; txjcic@dps.texas.gov <txjcic@dps.texas.gov>; ogc.webmaster@dps.texas.gov <ogc.webmaster@dps.texas.gov>; Jason Laduque <jason.laduque@austintexas.gov>; Sunset Valley Police Dept. Lt. Richard Andreucci <randreucci@sunsetvalley.org>; Jason Smith <jsmith@pflugervilletx.gov>; APD Chief Joseph Chacon 2021 <joseph.chacon@austintexas.gov>; Office for Victims of Crime U.S. Justice Dept. <ttac@ovcttac.org>; Rey Arellano <rey.arellano@austintexas.gov>; alta.ochiltree@austintexas.gov <alta.ochiltree@austintexas.gov>; Patricia Bourenane <patricia.bourenane@austintexas.gov>; Cleat Info <info@cleat.org>; Spencer Cronk <spencer.cronk@austintexas.gov>; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy (2016) <stot.dunphy@minneapolismn.gov>; gina@austinpolice.com <gina@austinpolice.com>; Ruben Espinoza <ruben.espinoza@austintexas.gov>; Veronica Saldate <veronica.saldate@austintexas.gov>; Issa.Kafena <issa.kafena@austintexas.gov>; brian.narciso@austintexas.gov <brian.narciso@austintexas.gov>; daniel.portnoy@austintexas.gov <daniel.portnoy@austintexas.gov>; kristy.astran@austintexas.gov <kristy.astran@austintexas.gov>; blair.brozynski@austintexas.gov <blair.brozynski@austintexas.gov>; Mike King <michael.king@austintexas.gov>; APD Officer James Turner <james.turner@austintexas.gov>; St. Petersburg (FL) Police Dept. (2016) <robert.page@stpete.org>; intex@fortworthtexas.gov <intex@fortworthtexas.gov>; dallas.fusion@dpd.ci.dallas.tx.us <dallas.fusion@dpd.ci.dallas.tx.us>; hrisc-fusioncenter@houstonpolice.org <hrisc-fusioncenter@houstonpolice.org>; pdfusion@elpasotexas.gov <pdfusion@elpasotexas.gov>; swtxfusion@sanantonio.gov <swtxfusion@sanantonio.gov>; policemedia@fortworthtexas.gov <policemedia@fortworthtexas.gov>; ntfc@collincountytx.gov <ntfc@collincountytx.gov>; Darla Dixon <darla.dixon@tcole.texas.gov>; tracy.martinez@dps.texas.gov <tracy.martinez@dps.texas.gov>; California Sexual Assault Investigators Assn Pres. (2016) <kbeler@csaia.org>; APD Assistant Chief James Mason 2021 <james.mason@austintexas.gov>; Texas Rangers Lt. Jesse Valdez <jesse.valdez@dps.texas.gov>; TXGov Child Sex Trafficking Team 2020 <cstt@gov.texas.gov>; Sociology Prof. Jim Nolan (West Va. University) <jim.nolan@mail.wvu.edu>; ACC Criminal Justice Dept. Chair Gerald Hildebrand <gwhil@austincc.edu>; Austin Regional Crime and Terrorism Intelligence Center <aric@austintexas.gov>; public.information@texasattorneygeneral.gov <public.information@texasattorneygeneral.gov>; travis.vonholt@austintexas.gov <travis.vonholt@austintexas.gov>; michael.siegel@austintexas.gov <michael.siegel@austintexas.gov>; Lelan Larroque <lelan.larroque@austintexas.gov>; Florida Sexual Crimes Investigators Assoc Pres. Minton (2016) <mintonc@pbso.org>; floridafusioncenter@fdle.state.fl.us <floridafusioncenter@fdle.state.fl.us>; ioc@mdpd.com <ioc@mdpd.com>; Austin Homeland Security/Emergency 2021 <hsemcommunications@austintexas.gov>; Minnesota Fusion Center 2021 <mn.fc@state.mn.us>; WVFusion WVFusion <wvfusion@wv.gov>; DFPS Office Of Consumer Relations <ocr@dfps.state.tx.us>; pdadmin@westlakehills.org <pdadmin@westlakehills.org>; Bostonfusion Info <info@bostonfusion.com>; Mass. Fusion Center Updated address 2021 <fusion@mass.gov>; ciu@nysic.ny.gov <ciu@nysic.ny.gov>; stac@caloes.ca.gov <stac@caloes.ca.gov>; siac@utah.gov <siac@utah.gov>; Sandra Spagnoli <sspagnoli@beverlyhills.org>; citymanager@beverlyhills.org <citymanager@beverlyhills.org>; SCOTT ONEILL <scott.oneill@nypd.org>; Lawrence Davis <lawrence.davis@austintexas.gov>
Sent: Wednesday, September 22, 2021, 02:03:20 PM CDT
Subject: 9-22-21 urgent questions re: re-classification of an APD case as a continuous crimes case
To: Stephanie, Austin Police Department Public Information Office Interim Marketing Manager, City of Austin, Austin, Texas.
September 22, 2021
Dear Stephanie,
Thank you for authorizing me at 12:12 p.m. today (Tuesday, September 22, 2021), during a phone call I made to you on my personal cell phone (cell phone number 512-993-7305), to myself send to you a written version of the APD-related questions I posed to you today on the phone. I appreciated your statement to me today that since you did not know the answer to my first question I had posed to you on the phone, you would like me to re-submit my questions in a letter to you that you might then share with an APD officer you communicate with who might know the answer to my question. I have since revised and added to my questions, in the hope that it would be helpful toward solving of the current crime case in which I am a complainant if additional questions were posed directly to your first-rate municipal law-enforcement agency in Austin.
The four policy-related questions that I would like to submit to you today in written form are:
(1) Does the Austin Police Department currently have a written policy that defines the criteria that have to be met for an alleged home-invasion-crimes case or an alleged personal-injury-crimes case such as a sex crimes case to be officially re-classified by APD as a continuous-crimes-case?
(2) Does the Austin Police Department Sex Crimes Unit or any other APD unit with legal authority to investigate an alleged continuous-and-still-continuing home-invasion-crimes case and alleged continuous-and-still-continuing personal-injury-crimes case have the legal authority to obtain additional new crime evidence that continues to accrue over a multi-hour period, multi-day period, or multi-week period, if applicable, until such time as that continuous-and-continuing crime case is solved by APD and an arrest of one or more suspects (even if dozens or hundreds or thousands of suspects are arrested) takes place?
(3) Does the Attorney General of Texas impose any time limit on the duration of the time period for which the Austin Police Department can obtain crime-scene evidence over a multi-day period, a multi-week period, or, if applicable, a multi-month or multi-year period in an alleged continuous-and-continuing home-invasion-crimes-and-sex-crimes-and-personal-injury-crimes case? For instance, does the Attorney General of Texas currently have any policy that restricts the total number of occasions in which the APD Sex Crimes Unit is permitted to authorize forensic DNA-swabs sexual-assault-evidence medical exams on a cited sex-crimes victim in a continuous and continuing crimes case?
(4) Does the Austin Police Department Sex Crimes Unit have to show probable cause in order to obtain DNA samples from or perform a lie-detector test on or interview...?... (text deleted here for legal-liability reasons).
I am the current criminal-law complainant in APD Sex Crimes and alleged home-invasion-crimes case number 2021-2440624, a new APD Sex Crimes case that was opened by APD on September 1, 2021. The APD-approved sexual-assault-evidence forensic medical exam on me was performed in central Austin by a female forensic nurse inside the ER of Dell Seton Medical Center at The University of Texas in the early morning hours of September 2, 2021.
I hope to hear back from the Austin Police Department on these hopefully-helpful questions in the very near future. As always, I myself welcome any additional forensic DNA-traces sexual-assault-evidence medical exam on me in this still-continuing home-invasion-crimes-and-anal-rape-crimes-and-personal-injury-crimes case that APD is willing to authorize for me at any time during this time period in which the current APD case in which I'm the complainant and victim has apparently not yet been solved.
Finally, I would like to congratulate Austin Police Chief Joe Chacon for his recent selection as our city's new permanent Chief of Police. I am very impressed by Chief Chacon's proven leadership with SWAT teams. I myself am one dependably civil and law-abiding criminal-law complainant who will always welcome a visit to my unit by an on-duty APD officer or on-duty SWAT team, if Chief Chacon believes a SWAT team is ever needed, in order to help solve the current continuous-and-continuing daily-and-year-round home-invasion-crimes and sleep-harassment-crimes and sex-crimes and personal-injury-crimes case that has apparently baffled crime investigators in Austin ever since I began filing crime reports with APD on a consistent year-round basis on the morning of April 28, 2011. I also hereby authorize APD to fully surveillance any and all portions of the interior of my unit, including my entire walk-in closet that has a ceiling door leading into a massive attic that extends across the multi-unit Building 17 --- a building where I reside in Apt. 2418, a second-floor unit.
My crime reports have repeatedly complained to APD ever since April 28, 2011, about my being victimized by alleged home-invasion-crimes perpetrators and personal-injury-crimes perpetrators and alleged sex-crimes perpetrators who have allegedly inflicted ruination of my sleep on a daily basis (with the pleasant very notable exception of the early morning period of September 3, 2011, a date for which I myself obtained Travis County Jail records to obtain a full list of any and all persons who were booked into the Travis County Jail that particular early morning period of September 3, 2011) without my being able to identify the trespassers inside my unit after I was awakened abruptly with an urgent need to urinate and an unpleasant anal-vibration sensation in my anus or pain in my anus, often with pain or wobbliness in my legs or hips, and, often, an unpleasant nasal-inhalant sensation in my nostrils (I DO NOT own or use any nasal inhalants) or an unpleasant aftertaste in my mouth.
Sincerely and Best Wishes,
John Kevin McMillan, date of birth 4-27-1957, place of birth Lincoln, Nebraska. I am a former resident of Minneapolis, Minnesota, the culturally-influential upper Midwestern city where I obtained a Master's Degree in Journalism and Mass Communications in 1984. I am hopeful that our very influential Minnesota-native City Manager, Spencer Cronk---himself a former City Coordinator for the City Government of Minneapolis---will support my own legal right to enjoy safe housing conditions inside my current apartment unit during any and all of my sleeping hours. I am referring to safe-housing conditions in which no one but me (any exception to that being APD-authorized on-duty APD officers seeking to arrest a suspect in the continuous crimes case in which I am the victim and complainant) is ever physically present inside my bedroom during my sleeping hours.
I always sleep alone, I never have any invited overnight guest or visitor or invited late-night guest or visitor (other than on-duty APD officers accepting crime evidence video cards from me or, on one total occasion inside my current unit that occurred in 2020, on-duty Austin-EMS staff members responding to a 911 phone call from me after I had vomited repeatedly inside my current unit), and I am a longtime-celibate-by-choice Anglo-Saxon non-Hispanic single adult 64-year-old gentleman. I am a permanently-alcohol-free (ever since 1990), permanently marijuana-free (ever since 1984), lifelong-illicit-drug-free in regard to any and all illicit drugs other than marijuana, lifelong-tattoo-less, permanently-jewelry-less, lifelong-tobacco-free, platonicly polite, clean-talking (no profanity by me in my everyday conversations with others), gainfully employed (currently in three different respective corporate-owned restaurants in Austin, two of which are headquartered in Florida and one of which is headquartered in San Antonio, Texas) white gentleman.
My solo-occupancy efficiency-apartment-unit rental-home address ever since June 21, 2019:
Pebble Creek Apartments (a very large gated-community complex that is managed by the Austin-based Belco Equities. Inc. that maintains its corporate headquarters offices at 505 East Huntland Drive in Austin, with the owner of my current apartment complex, "Pebble Creek Babay, Ltd. doing business as Pebble Creek Apartments", a "Limited California Partnership," reportedly maintaining an address in Beverly Hills, California, for the apartment complex owner's primary cited agent), 8805 North Plaza Drive, Bldg. 17 (northeastern corner of complex), Apt. 2418 (a second-floor, eastside unit), Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
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John Kevin McMillan
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