Thursday, October 12, 2023

My Letter Today to Crime Investigators for the Salt Lake City (UT) Police Department


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

From: "John McMillan" <mcmillanj@att.net>

To: "todd.mitchell" <todd.mitchell@slcgov.com>, "Salt Lake city Police Records 2022" <slcpdgramarequest@slcgov.com>, "slcpdpr@slcgov.com" <slcpdpr@slcgov.com>, "mike.brown" <mike.brown@slcgov.com>, "chad.atkinson" <chad.atkinson@slcgov.com>, "leo.abila" <leo.abila@slcgov.com>, "amanda.capps" <amanda.capps@slcgov.com>, "communications@utahbar.org" <communications@utahbar.org>, "State Bar of Texas Govt. Relations" <govt.relations@texasbar.com>, "Drew Hadley" <drew.hadley@slcgov.com>, "marie.stewart" <marie.stewart@slcgov.com>, "Salt Lake County (UT) District Attorney 2022" <districtattorney@slco.org>, "National District Attorneys Assn Crime Prevention" <nbunn@ndaajustice.org>, "Mayor Wilson" <mayor@slco.org>, "Him-roi" <him-roi@umail.utah.edu>, "justin.gordon@texasattorneygeneral.gov" <justin.gordon@texasattorneygeneral.gov>, "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "Fbinaa Info" <info@fbinaa.org>, "csfc@nsa.gov" <csfc@nsa.gov>, "U.S. Department of Homeland Security" <private.sector@dhs.gov>, "U.S. Dept. of Housing and Urban Devlpt (TX regional office)" <tx_webmanager@hud.gov>, "UT_Webmanager" <ut_webmanager@hud.gov>, "Robert Kepple" <robert.kepple@tdcaa.com>, "Shannon Edmonds" <shannon.edmonds@tdcaa.com>, "letters@statesman.com" <letters@statesman.com>, "Deseret News 2022" <dnweb@deseretnews.com>, "newsmedia@ldschurch.org" <newsmedia@ldschurch.org>, "Susie Duttinger" <susie.duttinger@traviscountytx.gov>, "Matthew Entsminger" <matthew.entsminger@traviscountytx.gov>, "dps-victimservices@utah.gov" <dps-victimservices@utah.gov>, "dpscontact@utah.gov" <dpscontact@utah.gov>, "Cameron Roden" <croden@utah.gov>, "slsheriffpio@slco.org" <slsheriffpio@slco.org>, "Attorney General of Utah" <uag@utah.gov>, "Adult Protective UT Supvr Chad Hansen" <cbhanse@utah.gov>, "Office for Victims of Crime (U.S. DOJ)" <itverp@usdoj.gov>, "Crimevictims GV" <crimevictims@utah.gov>, "Utah Coalition Against Sexual Assault 2020" <info@ucasa.org>, "Utah Citizens Against Physical and Sexual Abuse 2021" <info@capsa.org>, "Rape Abuse and Incest National Network"

 <info@rainn.org>, "ago (AGO)" <ago@state.ma.us>, "Fox News SLC 2022" <

>, "University of Utah Student Newspaper 2022" <press@chronicle.utah.edu>, "Joel_wellum" <joel_wellum@lee.senate.gov>, "Internships" <internships@romney.senate.gov>, "Joel Briscoe" <jbriscoe@le.utah.gov>, "Salt Lake City Erin Mendenhall 2021" <mayor@slcgov.com>, "County Council Member Bradshaw" <arbradshaw@slco.org>, "City of Austin City Attorney Anne Morgan" <anne.morgan@austintexas.gov>, "City Auditor of Austin" <austinauditor@austintexas.gov>, "Austin City Auditor Corrie Stokes (2016)" <corrie.stokes@austintexas.gov>, "Salt Lake City (UT) City Council" <council.comments@slcgov.com>

Cc: "Justice and Public Safety, NACO 2021" <bmattson@naco.org>, "media@naag.org" <media@naag.org>, "Andy Brown" <andy.brown@traviscountytx.gov>, "Spencer Cronk" <spencer.cronk@austintexas.gov>, "Office of Gov. Spencer Cox" <govcomm@utah.gov>, "Texas Rangers (2015)" <rangers@dps.texas.gov>, "Criminal Justice Journalists Board Member Rashbaum" <rashbaum@nytimes.com>, "Steven Rich" <steven.rich@washpost.com>, "DenverPostEditors" <newsroom@denverpost.com>, "Cyprus Credit Union" <shauna.denos@cypruscu.com>, "Los Angeles Times" <newstips@latimes.com>, "Joel Briscoe" <jbriscoe@le.utah.gov>, "Jplumb" <jplumb@le.utah.gov>, "District 4" <district4@austintexas.gov>, "Austin Mayor Steve Adler" <steve.adler@austintexas.gov>, "KXAN (NBC affiliate) TV News, Austin, TX" <news36@kxan.com>, "news@ksl.com" <news@ksl.com>, "CBS News '60 Minutes' Editors and Reporters" <60m@cbsnews.com>, "Utah Lt. Gov. Deidre Henderson 2021" <beckiepage@utah.gov>, "Utah Peace Officers Association 2022" <homeupoa@gmail.com>, "Utah Republican Party" <info@utgop.org>

Sent: Thu, Oct 12, 2023 at 2:45 PM

Subject: Travis County (TX) DA seeks to withhold 2023 docs re: me

October 12, 2023

A respectful FYI to each of you first-rate Salt Lake City Police Department (SLCPD) Crime Investigators on the following attached (last item, below) and  October 12, 2023-dated, four-page signed  legal letter that was carbon-copied to me on behalf of the Travis County District Attorney's Office in Austin, Texas.

That legal letter is  addressed to an official of the  Texas Attorney General's Office in Austin,  and  seeks official permission from that state agency  to withhold from me numerous documents on file with the Travis County DA's Office  that are each  responsive to my  evening of September 27, 2023-dated  Texas Open Records Request focused on myself. 

The cited time frame in that follow-up request of mine to the Travis County DA in Austin  was any and all cited legal  documents referring to me  or relating to me that were each written or generated  by the DA's Office in Austin  during the time period from 8:01  a.m. January 17, 2023, until 8 a.m. September 28, 2023.

Among the exactly quoted bold-faced statements made in the above-cited October 12, 2023, signed legal letter from Travis County Assistant County Attorney Matthew Entsminger to Texas Attorney General's Office Open Records Division Chief Justin Gordon are:

---"Some of the requested information may be withheld under section 552.108(a)(2) of the Government Code because it relates to an investigation that is closed and did not result in conviction or deferred adjudication...."

--"Additionally, some of the requested information contain (sic) prosecutor work product excepted from disclosure under Government Code sections 552.108(a)(4) and (b)(3)...."

---"Some of the responsive information contains privileged attorney-client communications excepted from disclosure by Government Code section 552.107 and Texas Rule of Evidence 503...."

---"Some of the requested information may be withheld under Government Code section 552.111 as attorney work product..."

That signed October 12-dated  legal letter from Travis County Assistant County Attorney Matthew Entsminger cited two carbon-copy recipients: "Susie Duttinger" of the Travis County District Attorney's Office and myself, "John McMillan", at my cited rental apartment unit address of 535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111.

Very Honorable SLCPD Officers, please do not hesitate to call me or knock on the front door of my bolt-locked solo-occupancy studio rental apartment or leave a note for me on my front door  or write to me if any of you crime investigators or other SLCPD representatives would like to interview me or ever at any time  need any additional information  from me.

Sincerely and Best Wishes,

John Kevin McMillan, a permanently alcohol-free (ever since 1990), lifelong-tobacco-free, dependably civil and law-abiding and honest and vigilantly pro-law-enforcement, longtime celibate (ever since one total day in 1995), very conscientous,  lifelong tattoo-less, permanently jewelry-less, non-sadomasochistic and anti-S&M, facially cleanshaven (no beard, no mustache, no goatee),  clean-talking (no verbalized profanity in my everyday communications with others),  gainfully employed, lifelong-single, lifelong -American citizen, adult whiten non-Hispanic, lawfully "monoracial" and "Anglosexual" (meaning that I only agree to date an adult member of my own white non-Hispanic racial group when I do eventually go on a romantic date  later this year or in 2024), male adult  tenant  residing alone and always sleeping alone inside my fully locked rental apartment unit  at 535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111.

My cell phone: (512) 993-7305. 

Home phone: (801) 355-0850.

My Date of Birth: 4-27-1957. I was born in Lincoln, Nebraska.

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

From: "Ramiro Gonzalez"

 <Ramiro.Gonzalez@traviscountytx.gov>

To: "mcmillanj@att.net" <

@att.net>

Cc: "Susie Duttinger" <Susie.Duttinger@traviscountytx.gov>, "Matthew Entsminger" <Matthew.Entsminger@traviscountytx.gov>, "Reva Hall" <Reva.Hall2@traviscountytx.gov>

Sent: Thu, Oct 12, 2023 at 11:28 AM

Subject: Response to Request for Information - McMillan, J. (TCDA) #23.0505

Dear Mr. McMillan,

This email is on behalf of the Travis County District Attorney's Office ("TCDA").  Please see the attached response regarding your request for public information submitted to their office.  The responsive information has been sent to the Office of the Attorney General (“AG”) for their review.  They have up to 45 business days to issue a ruling.  Business days do not include weekends or holidays. TCDA will release some responsive information via a separate email.

Respectfully,

Ramiro “Ram” Gonzalez

Paralegal

Travis County Attorney’s Office

(512) 854-6470

_____

From: John McMillan <mcmillanj@att.net>

Sent: Wednesday, September 27, 2023 8:20 PM

To: DAOpenRecordsRequests <DAOpenRecordsRequests@traviscountytx.gov

Subject: [CAUTION EXTERNAL] 9-27-23 foloup PIR: Travis County (TX) DA's Office 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 Division Coordinator,

Travis County District Attorney's Office,

Travis County Government,

Ronald Earle Building,

416 West 11th Street,

Austin, Texas 78701.

FAX number: 512-854-4206.

Main phone number for your DA's Office: (512) 854-9400.

September 27, 2023

Dear Travis County District Attorney's Office Open Records Coordinator,

This is a follow-up Open Records request in which I seek to obtain from you a copy of any and all e-mails or other documents written or generated at any time since 8:01 a.m. January 17, 2023, by your DA's Office in Austin, Texas, during attorney Jose Garza's current tenure as the DA that referred to a legal action or administrative action pursued by, an investigation or interview pursued by, an active case number, or a criminal charge filed in a court of law by, the Travis County District Attorney's Office in a context that, in each such case, related to me as a cited criminal-law complainant or cited crime victim or directly referred to me in any manner or context.

This follow-up request for information was prompted in part by your March 10, 2023, e-mail disclosure (farther below) to me--- in response to my January 16, 2023-generated e-mail request for information focused on me--- that DA Jose Garza himself wrote and sent an e-mail about me on January 3, 2021:

-"From: Jose Garza <Jose.Garza@traviscountytx.gov>

"Sent: Sunday, January 3, 2021 8:58:49 AM

"To: Trudy Strassburger <Trudy.Strassburger@traviscountytx.gov>

"Subject: Fwd: [CAUTION EXTERNAL] 1-2-2021 urgent question for new District Attorney Jose Garza

"Eventually for Henry."

Legal notes authored by an official or staff member in your DA's Office in Austin during Jose Garza's tenure there as DA also included the following exactly quoted statement in regard to me---with the date of that statement not being apparent to me--- that was cited as having been responsive to my January 16, 2023-generated request:

"Can we assign Erin and a VW counselor?"

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

From: "Sara Guerra winn" <Sara.GuerraWinn@traviscountytx.gov>

To: "John McMillan" <mcmillanj@att.net>

Cc: "Jackie Wood" <Jackie.Wood@traviscountytx.gov>, "Ashley Zamarron" <Ashley.Zamarron@traviscountytx.gov>, "Isabella Salinas" <Isabella.Salinas@traviscountytx.gov>, "Sara Guerra winn" <Sara.GuerraWinn@traviscountytx.gov>

Sent: Fri, Mar 10, 2023 at 7:54 AM

Subject: Response to Open Records Request #23.0025

Good morning, Mr. McMillan,

Please see the attached in response to your request below.

Thank you,

Sara Guerra Winn

Senior Paralegal

Travis County District Attorney’s Office

512-854-3694

________

Included in the scope of this public-information request are any and all records of written or telephone communications between Travis County District Attorney Garza and Salt Lake County (UT) District Attorney Sim Gill in Salt Lake City, Utah, during the applicable time period ever since 8:01 a.m. January 17, 2023, through the present that each referred to me at least once in any context.

Also included in the scope of this public information request are any and all records of written or oral communications during the applicable time period ever since 8:01 a.m. January 17, 2023, between District Attorney Garza or a staff member of his in Austin, Texas, and any federal, state, or local law-enforcement agency anywhere in Texas---or anywhere else in the USA---that each referred to me at least once in any context.

My legal name is John Kevin McMillan. My date of birth is 4-27-1957; my place of birth is Lincoln, Nebraska.

During the entire time period ever since Jose Garza assumed elective office as Travis County DA on January 1, 2021, my only residential address in Travis County, Texas, was at the gated-community Pebble Creek Apartments complex in northeast Austin. My bolt-locked solo-occupancy studio rental apartment unit address at that complex was: 8805 North Plaza Drive, Apt. 2418, Building 17, Second Floor, Austin, Texas, 78753.

The signed official lease agreement of mine for that solo-occupancy rental apartment unit was officially terminated by me with written consent from the management team for Pebble Creek Apartments effective on a cited day during the first week of January 2022.

My home phone number during the time period when I resided at Pebble Creek Apartments was (512) 342-2295. My cell phone number, after I purchased and obtained my first-ever cell phone in August 2019, was and continues to be: (512) 993-7305.

My primary e-mail address has been the same throughout nearly all of this century so far: mcmillanj@att.net.

My solo-occupancy rental-apartment-unit home address ever since June 1, 2022:

535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111.

My cell phone: (512) 993-7305.

My current home phone: (801) 355-0850.

Thank you in advance for your prompt and very thorough reply letter to me in response to this follow-up request for information from myself.

Sincerely and Best Wishes,

Requestor John Kevin McMillan, 535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111.

This electronic mail message, including any attachments, may be confidential or privileged under applicable law. This email is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient of this email, you are notified that any use, dissemination, distribution, copying, disclosure or any other action taken in relation to the content of this email including any attachments is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete the original and any copy of this email, including secure destruction of any printouts.


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