Monday, November 8, 2021

MASSACHUSETTS COMMISSION ON HUMAN RIGHTS DIRECTOR DIANE MCLEOD ON APRIL 21, 2016, SENDS ME A REPLY LETTER STATING THAT SHE HAS NO INFORMATION 'REGARDING THIS CASE'


----- Forwarded Message -----
From: Diane Mcleod <dmcleod@medford.org>
To: "mcmillanj@att.net" <mcmillanj@att.net>
Sent: Thursday, April 21, 2016, 12:49:10 PM CDT
Subject: RE: Public Information Request # 25864 regarding Communications Records

I have no information regarding this case.
Diane Mcleod


From: John McMillan [mailto:mcmillanj@att.net]
Sent: Thursday, April 21, 2016 1:42 PM
To: Attorney.General@ag.state.mn.us; Indiana Attorney General's Office; USA Today; California Attorney General; CenterforConstitutionalRights; Human Rights Law Society (U of Chicago); HumanRightsWatchOfficials(D.C. Office); Outback Asst Mgr Nick Burton; Aurelio Contreras; Trevor Glynn; Debbie Bolton; Cedar Park (TX) City Manager Brenda Eivens (2014); Leander Police Chief Minton; TRA General Counsel Kenneth Besserman; Jason's Deli Officials; Yessenia (Denny's Lakeline); Texas Commission On Law Enforcement Director Kim Vickers; TDCJ General Counsel Rep. Patricia Fleming; TBPP General Counsel Bettie Wells; San Jose Mercury News Editors; Los Angeles Times; Chicago Tribune Newstips; The New Republic Editors; metrodesk@statesman.com; Texas Monthly Story-Assignments Editor John Broders; Houston Police Dept (2015); Dallas Police Chief David Brown; CJI@uh.ecdu; Attorney Cousin Jack Dane; Richard Jalowy; Leslie DeGraffenried; Kendyll Daugherty Richards Austin Smiles; Bruce Garrison; Eric Polak; Eric Jones; John Cannon (2016); Wade Zwiener; mark.washington@austintexas.gov; info@rfkhumanights.org; info@president.ie; cecilee.walker@traviscountytx.gov; todd@590klbj.com; don@590klbj.com; mark.smith@traviscountytx.gov; npap@nlg.org; tgest@sas.upenn.edu; steven.rich@washpost.com; cheryl.thompson@washpost.com; sarah.cohen@nytimes.com; scott.goldstein@dallascityhall.com; Houston Mayor Parker (2015); edna.butts@austinisd.org; Superintendent; ylise.jansson@aussstinisd.org; texascitassociation@yahoo.com; Sherri Fleming; chair@travisgop.com; olga.tcrp@gmail.com; The Republican National Committee; Democratic National Committee; Texas Democratic Party (2014); info@TravisCountyDemocrrats.org; tealegal@tea.texas.gov; t.christian.miller@propublica.org; International Center for Investigative Journalism; RVanvleck@NMML.org; pboulden@bixby.com; Kathryn.Walker@normanok.gov; domeilia@cityoftulsa.org; AGarganese@orlandolaw.net; Mass. Dist. Attorneys Assn.; Diane Mcleod; jlampke@massmunilaw.org; Rep. Naishtat Chief of Staff Dorothy Browne; Molly White; State Sen. Watson Constituent Services Dr. Gerson; kirk.watson@senate.state.tx.us; State Rep. Celia Israel (Central TX); State Senator Charles Schwertner (Central TX); State Rep. Paul Workman (Central TX); State Rep. Tony Dale (Central TX); State Rep. Dawnna Dukes; carol.alvarado@house.state.tx.us; City of Winnipeg Govt. Officials; Texas Municipal League General Counsel Bennett Sandlin; National Review Editors; Time Magazine Editors; Newsweek Editors; James Willett; Usnews Webmaster; The London Times Letters To Editor; British Embassy Public Affairs Team (D.C.); MITProgram On HumanRights&Justice; mayorkoch@quincyma.gov; Palestine (TX) Herald-Press Letters to Editor; Palestine (TX) Interim City Mgr. Mike Alexander 2016; El Campo Leader-News Columnist Jerry Aulds; Lincoln (NE) Mayor 2016; mayor@boston.gov; Society of Professional Journalists
Subject: Fw: Public Information Request # 25864 regarding Communications Records

 A respectful FYI to each of you on the following legal correspondence of mine with the City of Austin Law Department in Austin, Texas,
from Lincoln (NE) native, former Quincy (MA) resident, former Boston (MA) resident, and current criminal-law complainant John Kevin McMillan of Austin.
Home phone: (512) 342-2295 (a private phone line; please leave message if I am not available to take the call).


John Kevin McMillan


On Thursday, April 21, 2016 11:36 AM, John McMillan <mcmillanj@att.net> wrote:


To: Mr. James Clack of the City Government of Austin Law Department in Austin, Texas.

April 21, 2016

Dear Mr. Clack,

Thank you for your reply letter (below, last item) to me this morning, stating that the City of Austin Law Department has no documents responsive to my cited public-information request.

Is your reply letter a complete and comprehensive and final response specifically in regard to my lengthy April 8, 2016-dated E-mail public-information request to the City of Austin that was focused exclusively on documents referring to myself that I myself did not write, and that your City of Austin Law Department (City Attorney's Office) has generated or received at any time since April 1, 2011?

Sincerely and Best Wishes,
from criminal-law complainant and self-identified continuous-and-continuing-daily-and-year-round-personal-injury-crimes-and-anal-rape-crimes victim John Kevin McMillan.
Home address: Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blogsite address: http://www.johnkevinmcmillan.blogspot.com

P.S. For your convenience as a point of reference, I am also providing you, directly below, with the entire text of my April 8, 2016, public-information request to the City of Austin:

On Saturday, April 9, 2016 12:10 AM, John McMillan <mcmillanj@att.net> wrote:


April 8, 2016

To: Public Information Office, City Government of Austin, 301 West 2nd Street, Austin, Texas, 78701. Office phone: (512) 974-2220. (Office FAX: (512) 974-2405).

Dear Public Information Coordinator for the City Government of Austin in Austin, Texas,

This is a Texas Open Records  request in which I seek to obtain from your City of Austin Law Department in Austin, Texas, a copy or computer printout of any and all documents generated or written or received by, or kept on file in your Law Department by, any employee or attorney or official or administrator of the City Government of Austin Law Department or City Attorney's Office here at any time since April 1, 2011, and that:

(1) refer to or quote from any certified psychiatrist or any certified psychologist or any certified psychiatric social worker practicing their profession anywhere in Texas who has stated in writing at any time since 12:01 a.m. April 1, 2011, that that psychiatrist or psychologist or psychiatric social worker regards John Kevin McMillan of Austin as being "psychotic" or "schizophrenic" or "paranoid" or "paranoid-schizophrenic" or "delusional" or "manic-depressive" or someone "exhibiting delusions of grandeur" or someone "exhibiting a split personality disorder" or someone "exhibiting multiple personality disorder" or "an apparent psychopath" or someone who is otherwise mentally ill, in the view of that psychiatrist or psychologist or psychiatric social worker practicing their profession in Texas.

(2) refer to or quote any person or group of persons or any entity as having stated that John Kevin McMillan of Austin either has committed an alleged or possible crime, or might possibly at some future point or future moment somehow "commit a crime" or "commit a violent crime" or "violate the law" or "turn into a psychopath";

or that Mr. McMillan has somehow allegedly "jeopardized" or "posed a threat to," or might at some future point somehow allegedly "jeopardize" or "pose a threat to", the "internal security" of a cited department of the City of Austin or a cited entity or institution affiliated with the City of Austin, 
or a possible "threat" to the "personal safety of" a cited employee or officer or official or a cited group of employees of the City Government of Austin.

(3) state in writing that City of Austin Senior  Police Officer James Turner, a cited "mental health officer" employed in APD's "Crisis Intervention Team" unit, is the only employee or officer of APD who is legally permitted to receive initial or follow-up crime reports from John Kevin McMillan in which that complainant directly and specifically refers to himself, Mr. McMillan, as being a victim of crime in Austin.

(4) state in writing that the City of Austin or Austin City Council or City of Austin Law Department or any City of Austin department officially forbids or prohibits criminal-law complainant John Kevin McMillan from ever at any time writing to or directly contacting an APD officer or an APD employee other than APD Officer James Turner or his reported immediate supervisor, Sergeant Michael King, also reportedly a member of APD's "Crisis Intervention Team" in Austin.

(For the record, APD Senior Police Officer  James Turner emphatically cited that "APD policy" or "APD requirement" to criminal-law complainant John Kevin McMillan during a Tuesday morning, January 19, 2016, unannounced roughly 30-minute (9:35 a.m. to 10:09 a.m.) visit which Officer Turner made to the second-floor rental apartment unit, including inside the private bedroom, of Mr. McMillan, in Apt. 902 of Building 9, at Village Oaks Apartments, 10926 Jollyville Road, in northwest Austin.

Mr. McMillan has resided with a strictly-platonic-by-mutual-consent-in-advance and official apartment-management-team-approved male roommate in Apt. 902, a two-bedroom, two-bathroom, unit at Village Oaks Apartments in northwest Austin ever since late September 2015.

Also during that January 19, 2016, visit by Officer Turner and his Crisis Intervention Team coworker APD Officer Burnett, Officer Turner emphatically warned Mr. McMillan that if he ever at any time contacts any APD employee or any APD officer other than Officer James Turner or Sergeant Michael King, the Austin Police Department might arrest Mr. McMillan and charge him with the crime of allegedly "harassing" cited APD employees or APD officers who are not themselves employed in APD's "Crisis Intervention Unit", Officer Turner stated to Mr. McMillan during that January 19, 2016, visit to the complainant's apartment unit.)

(5) cite any "legal conflict" or "legal dispute" or "legal issue" or "legal barrier" or "legal restriction" involving John Kevin McMillan and any employee or officer or official of the Austin Police Department or, for that matter, any department or institution or governing body or council of the City Government of Austin.

(Earlier this week, Ms. Alta Ochiltree of the City Manager's Office in downtown Austin advised criminal-law complainant John Kevin McMillan of northwest Austin on the telephone from her City Hall office that complainant McMillan "may have some issues with the Police Department that you need to work out," or words to that effect. She did not elaborate in any way as to what those "issues" might be. However, Ms. Ochiltree politely indicated to Mr. McMillan in that phone conversation that he might obtain more information on that through a request for information he could personally address to the City of Austin Law Department in downtown Austin.)

(6) cite any current or previous or ongoing criminal investigation into conduct by John Kevin McMillan of Austin by the Austin Police Department or any other law-enforcement agency.


(7) cite any current criminal-law charge or any pending criminal-law charge or any expected future criminal-law charge against any individual with the cited legal name of "John Kevin McMillan" and a cited date of birth of April 27, 1957.


(8) cite any criminal allegation or criminal conviction ever at any time filed against or imposed on any individual with the cited legal name of "John Kevin McMillan" and a cited date of birth of April 27, 1957.

(9) explain in writing why employees or officials of seven different departments of the City Government of Austin in the most recent approximately four-year period have each reportedly on dozens of total occasions either consulted the City Attorney's Office here in Austin or consulted coworkers within the very same City Attorney's Office where they themselves were employed, in a context that directly and specifically referred to the cited John Kevin McMillan of Austin.

(Those seven departments, which the City of Austin is very aware were directly cited in more than 10 separate signed legal letters that two respective assistant city attorneys of your City Law Department, Cary Grace and Elaine Nicholson, submitted to the Attorney General of Texas in the last approximately five-year period that sought official permission to withhold the cited legal documents from public-information requestor John Kevin McMillan of Austin, are: Office of the Police Monitor, the City of Austin Human Resources Office, the City Manager's Office, the City Attorney's Office, the City of Austin Public Information Office, the Austin Police Department, and the City Clerk's Office here in Austin.)

(10) state whether any official of the City Attorney's Office in Austin has ever at any time informed any other City of Austin official that it might comprise or does comprise a legal liability to the City of Austin if the Austin Police Department continues its longstanding policy of APD refusing over a multi-year period to pursue any laboratory DNA-trace testing on the doctor-ordered DNA-swabs anal-rape-evidence kit that was obtained by a female forensic nurse from the body of criminal-law complainant and self-identified anal-rape-crimes victim John Kevin McMillan inside St. David's Medical Center Emergency Room, situated a few blocks from the UT-Austin Law School, in the early morning hours of Dec. 22, 2011.

(That rape-evidence kit was obtained for APD crime report number 11-3550615, which was officially filed with APD by self-identified crime victim John Kevin McMillan on Dec. 21, 2011, with APD Officer Guzman (sp?) having visited McMillan's Wind River Crossing Apartments rental-apartment unit on Dec. 21, 2011, in response to that crime report.

John Kevin McMillan's residential address from January 2002 through July 29, 2015, was: Wind River Crossing Apartments, 11411 Research Boulevard, Building 3, Apt. 325, Austin, Texas, 78759.

The Attorney General of Texas has provided formal legal documentation to complainant John Kevin McMillan that Austin City Manager Marc Ott on January 31, 2012, co-signed for a $2,302.08 check from the City of Austin to St. David's as financial compensation to that medical services provider for the cited Dec. 22, 2011, rape-evidence exam on John Kevin McMillan  Dec. 22, 2011.

The Attorney General of Texas has also confirmed in writing to complainant McMillan that an Austin Police Department representative, Katrina E. Pruitt, on January 18, 2012, signed an official completed application form seeking financial compensation from the Attorney General of Texas for the financial expenses that the City of Austin and Austin Police Department incurred from that particular Dec. 22, 2011, rape-evidence exam. The cited APD contact person on that multi-section application was Ms. Melissa Maldonado, with her cited APD office phone number of (512) 974-5068.

The Attorney General of Texas has also provided official documentation to John Kevin McMillan of Austin that the Attorney General's Office in Austin officially approved that APD application for financial compensation from that state agency, with a $250 reimbursement check to the City of Austin having been issued by that state agency, according to a legal document released to Mr. McMillan by that state agency and which Mr. McMillan has retained for his own legal records.

Also, on September 23, 2014, Travis County Assistant District Attorney Rob Drummond signed an official certified-delivery legal letter addressed and mailed to criminal-law complainant John Kevin McMillan, which stated that the DA's Office in Austin has asked APD to continue maintaining the cited rape-evidence kit from Dec. 22, 2011.

That rape-evidence kit is reportedly being stored at an APD substation in Austin, according to a female official of APD's Public Information Office, Ms. Renee Moore.)

(11) refer to any information the City of Austin Law Department at any time since April 1, 2011, has obtained or received or cited, which notes or cites a recent or expected future medical injury to, or a recent or expected future medical disability of any type inflicted on or sustained by, or a wound inflicted on or expected to be inflicted on, or a life-threatening medical disease or other medical disease inflicted on or contracted by or expected to be contracted by or sustained by, or expected to be reported as having been sustained by or inflicted on, criminal-law complainant John Kevin McMillan.

Excluded from the scope of this public-information request are any and all letters or e-mail letters that were exclusively written by John Kevin McMillan of Austin.

This public-information request was prompted by an oral in-person statement made on Friday, April 8, 2016, to criminal-law complainant John Kevin McMillan by Shanna, a polite female temporary employee serving as a receptionist inside the City of Austin Law Department offices on the fourth floor of City Hall in downtown Austin.

Sitting at her receptionist desk, Shanna stated to criminal-law complainant John Kevin McMillan shortly before 5 p.m. on Friday, April 8, 2016, that she had just spoken seconds before on the telephone with an attorney employed in the City Law Department, and that the attorney advised her to recommend to complainant McMillan that he present his questions for their municipal department in the form of a public-information request, Shanna said.

Shanna also stated to McMillan during his April 8, 2016, visit to the City Law Department office that the attorney for that department with whom she had just spoken stated that the City Law Department does not offer legal advice to private citizens such as Mr. McMillan, she said.

Shanna also quoted the attorney for the City Law Department as having stated to her on the telephone shortly before 5 p.m. Friday, April 8, 2016, that Mr. McMillan might consider hiring a private attorney to help Mr. McMillan address the cited questions or issues that Mr. McMillan mentioned in person that day which refer to or relate to the City of Austin Law Department.

Earlier this week, Ms. Alta Ochiltree of the City Manager's Office in City Hall advised complainant John Kevin McMillan on the telephone that he could directly consult the City Attorney's Office here to find out whether there is, in fact, any legal requirement imposed by the City of  Austin that somehow orders McMillan to file exclusively with APD Officer James Turner of the APD CIT unit any and all of McMillan's reports to APD about himself being a victim of alleged continuous-and-continuing, daily-and-year-round, personal-injury-crimes-and-anal-rape-crimes in Austin, with the anal-rape-crimes allegedly having been inflicted on Mr. McMillan solely and exclusively during his sleep as he lay alone, unconscious and probably also snoring, on his own designated bed inside his locked private bedroom inside his bolt-locked apartment unit in Austin.

My own legal name is John Kevin McMillan. My social security number is: .... I was born on April 27, 1957, at Lincoln, Nebraska.

I am a former salutatorian of Stephen F. Austin High School of the Austin Independent School District. I am also an alumnus of the University of Texas at Austin.

I am a factually-minded former full-time newspaper reporter, and I am also a crime-evidence-minded former full-time employee in Austin of the Texas Department of Public Safety, the Texas Board of Pardons and Paroles, and the Texas Department of Criminal Justice state agencies.

I have most recently resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.

I am gainfully employed, permanently alcohol-free (ever since 1990) and never-previously-addicted, longtime-celibate-by-choice, single-by-choice, permanently marijuana-free and illicit-drug-free (ever since 1984) and never-previously-addicted (with myself having never at any time in my entire life ever once consumed any illicit drug other than marijuana), lifelong-tobacco-free, lifelong-tattoo-less, clean-talking (no profanity by me in my everyday conversations with others), lifelong-non-Christian, implicitly-deistic and non-atheistic, dependably civil and law-abiding and vigilant and law-enforcement-minded, factually-minded and factually accurate, psychologically healthy, hygienic, non-sadomasochistic, honest, and idealistic. 

I am the founder and only approved current member of the non-Christian Progressive Prohibitionist Religion, a fully independent new religion with very stringent membership-eligibility requirements for that "Honor Society" religion.

Please let me know as soon as possible if you anticipate that the administrative processing fee you plan to charge me for responding to this public-information request might exceed $20. That information will then enable me to consider revising this request in order to limit my own total expenses on this to no more than $20.

I hope to hear from you soon in response to this most recent public-information request from myself.

Sincerely and Best Wishes,

John Kevin McMillan.
My home address ever since late September 2015:
Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
 
John Kevin McMillan


On Thursday, April 21, 2016 8:55 AM, "Clack, James" <James.Clack@austintexas.gov> wrote:


Thank you for contacting the City of Austin. 
 
The City does not have any information that is responsive to your request.
 
Please let us know if we can be of any further assistance.
 
If you have any questions, please contact Desta Walker at (512) 974-6480 or Desta.walker@austintexas.gov
 
 
Thank you,
 
James Clack
LAW Department
City of Austin
(512) 974-2847
 



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