Wednesday, October 18, 2023

My Politely Worded Follow-up Question Letter today to Travis County (TX) District Attorney's Office Open Records Unit Representatives in Austin, Texas


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

From: "John McMillan" 

To: "Ramiro Gonzalez" <ramiro.gonzalez@traviscountytx.gov>, "Susie Duttinger" <susie.duttinger@traviscountytx.gov>, "Matthew Entsminger" <matthew.entsminger@traviscountytx.gov>, "Reva Hall" <reva.hall2@traviscountytx.gov>, "Sara Guerra Winn" <sara.guerrawinn@traviscountytx.gov>, "Travis County DA's Office Open Records (2015)" <daopenrecordsrequests@traviscountytx.gov>, "William Costello" <william.costello@austintexas.gov>, "Lelan Larroque" <lelan.larroque@austintexas.gov>, "Mike King" <michael.king@austintexas.gov>, "Fbinaa Info" <info@fbinaa.org>, "U.S. Department of Homeland Security" <private.sector@dhs.gov>, "csfc@nsa.gov" <csfc@nsa.gov>, "justin.gordon@texasattorneygeneral.gov" <justin.gordon@texasattorneygeneral.gov>, "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "Josh Reno" <josh.reno@texasattorneygeneral.gov>, "brent.webster@texasattorneygeneral.gov" <brent.webster@texasattorneygeneral.gov>, "judd.stone@texasattorneygeneral.gov" <judd.stone@texasattorneygeneral.gov>, "darrin.brumbaugh@texasattorneygeneral.gov" <darrin.brumbaugh@texasattorneygeneral.gov>, "d.forrest.brumbaugh@texasattorneygeneral.gov" <d.forrest.brumbaugh@texasattorneygeneral.gov>, "Grant Dorfman" <grant.dorfman@texasattorneygeneral.gov>, "KXAN TV News Investigations" <reportit@kxan.com>, "NBC Nightly News Headqrtrs 2016" <contact.nbcnews@nbcuni.com>, "Deseret News 2022" <dnweb@deseretnews.com>, "news@ksl.com" <news@ksl.com>, "State Bar of Texas Govt. Relations" <govt.relations@texasbar.com>, "letters@statesman.com" <letters@statesman.com>, "Internships" <internships@romney.senate.gov>, "Joel_wellum" <joel_wellum@lee.senate.gov>, "Utah Democrats" <mail@utdem.org>, "Utah Republican Party" <info@utgop.org>, "Utah Lt. Gov. Deidre Henderson 2021" <beckiepage@utah.gov>, "Office of Gov. Spencer Cox" <govcomm@utah.gov>, "DMN Austin Bureau Reporter Robert Garrett" <rtgarrett@dallasnews.com>, "Salt Lake City Mayor Erin Mendenhall 2021" <mayor@slcgov.com>

Cc: "communications@utahbar.org" <communications@utahbar.org>, "Crimevictims GV" <crimevictims@utah.gov>, "Office for Victims of Crime (U.S. DOJ)" <itverp@usdoj.gov>, "elder.justice@usdoj.gov" <elder.justice@usdoj.gov>, "dps-victimservices@utah.gov" <dps-victimservices@utah.gov>, "U.S. Dept. of Housing and Urban Devlpt (TX regional office)" <tx_webmanager@hud.gov>, "Joe Dougherty (DHHS)" <joedougherty@utah.gov>, "UT_Webmanager" <ut_webmanager@hud.gov>, "Adult Protective UT Supvr Chad Hansen" <cbhanse@utah.gov>, "mayor@murray.utah.gov" <mayor@murray.utah.gov>, "mike.brown" <mike.brown@slcgov.com>, "Mike Weichers" <mweichers@ch.utah.gov>, "Cameron Roden" <croden@utah.gov>, "The Texas Tribune" <community@texastribune.org>, "Texas Observer Editors" <editors@texasobserver.org>, "marie.stewart" <marie.stewart@slcgov.com>, "CBS News '60 Minutes' Editors and Reporters" <60m@cbsnews.com>, "Fox News SLC 2022" <news@fox13now.com>, "Mayor Wilson" <mayor@slco.org>, "County Council Member Bradshaw" <arbradshaw@slco.org>, "Salt Lake City (UT) City Council" <council.comments@slcgov.com>, "The White House Attn Pres. Biden" <engagement@ostp.eop.gov>, "Him-roi" <him-roi@umail.utah.edu>, "University of Utah Student Newspaper 2022" <press@chronicle.utah.edu>, "jsweeney@sltrib.com" <jsweeney@sltrib.com>, "Andy Brown" <andy.brown@traviscountytx.gov>, "Travis County Commissioner Margaret Gomez" <commissioner.gomez@traviscountytx.gov>, "Ann Howard" <ann.howard@traviscountytx.gov>, "Travis County Commissioner Jeffrey Travillion (2017)" <jeffrey.travillion@traviscountytx.gov>, "Travis County Commissioner Brigid Shea" <brigid.shea@traviscountytx.gov>, "District 1" <district1@austintexas.gov>, "District 2" <district2@austintexas.gov>, "District 3" <district3@austintexas.gov>, "District 4" <district4@austintexas.gov>, "Austin City Council Member Ann Kitchen (2016)" <district5@austintexas.gov>, "Council Member Mackenzie Kelly (2021)" <district6@austintexas.gov>, "District 7" <district7@austintexas.gov>, "Austin City Council Member Paige Ellis (2021)" <district8@austintexas.gov>, "district9@austintexas.gov" <district9@austintexas.gov>, "Austin City Council Member Alter (2021)" <district10@austintexas.gov>, "Austin City Auditor Corrie Stokes (2016)" <corrie.stokes@austintexas.gov>, "City Auditor of Austin" <austinauditor@austintexas.gov>, "auditor@slco.org" <auditor@slco.org>, "Noise Pollution Clearinghouse 2021" <npc@nonoise.org>, "Noise Free America" <noisefree@hotmail.com>, "Noise Free America Director 2021" <director@noisefree.org>, "Noise Free America" <noisefree@noisefree.org>, "State Senator Sarah Eckhardt 2020" <sarah.eckhardt@senate.texas.gov>, "Rep. Sheryl Cole (2019 CentralTX)" <sheryl.cole@house.texas.gov>, "APD Officer James Turner" <james.turner@austintexas.gov>, "dps-victimservices@utah.gov" <dps-victimservices@utah.gov>, "Christopher Keen" <christopher.keen@austintexas.gov>, "Patricia" <patricia.cruz@austintexas.gov>, "Rape Abuse and Incest National Network" <info@rainn.org>, "ABA Commission on Disability 2020" <amy.allbright@americanbar.org>, "Austin Chronicle Editors" <mail@austinchronicle.com>, "DenverPostEditors" <newsroom@denverpost.com>, "news@dailytexan.com" <news@dailytexan.com>, "nytnews@nytimes.com" <nytnews@nytimes.com>, "Matt Bernstein Boston Globe (2016)" <mbernstein@globe.com>, "Los Angeles Times" <newstips@latimes.com>, "auditor@sao.texas.gov" <auditor@sao.texas.gov>, "ago (AGO)" <ago@state.ma.us>, "AGO - Department of Justice" <nedoj@nebraska.gov>, "Attorney General of Utah" <uag@utah.gov>, "California Attorney General" <privacyoffice@doj.ca.gov>, "media@naag.org" <media@naag.org>, "Cameron Roden" <croden@utah.gov>, "Minnesota Police Chiefs Assn 2021" <info@mnchiefs.org>

Sent: Wed, Oct 18, 2023 at 2:34 PM

Subject: Re: 10-14-23 foloup to DA in Austin (TX).Fw: Response to Request for Information - McMillan, J. (TCDA) #23.0505

October 18, 2023

Dear Travis County District Attorney's Office Open Records Unit Representatives Ramiro Gonzalez and Sara Guerra Winn in Austin, Texas,

I have been a bit surprised to note that I apparently did not receive a courtesy reply note from either of  you this week.

I had respectfully posed one total question  to your Open Records Unit in my October 14, 2023, reply letter (below) to you. That letter I wrote and sent to you was in response to your October 12, 2023, official Open Records Request Reply  letter (below) to me.

The October 14 follow-up  question of mine  was:

"Do any of the legal documents you seek permission from the Attorney General of Texas to withhold from me refer to any pending or current or previous criminal-law charges against me or any cited criminal-law convictions in which I myself was cited as having been a defendant?"

I hope to soon hear from an official  representative for your Travis County District Attorney's Office Open Records Unit in response to the one total polite follow-up question I posed to you in writing on October 14.

Sincerely and Best Wishes,

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

My cell phone: (512) 993-7305.

My home phone: (802) 355-0850.

My date of birth: 4-27-1957. I was born in Lincoln, Nebraska.

____

On Sat, Oct 14, 2023 at 8:57 AM, John McMillan

<mcmillanj@att.net> wrote:

October 14, 2023

Dear Travis County District Attorney's Office Open Records Unit Representatives Ramiro Gonzalez and Sara Guerra Winn in Austin, Texas, 

Thank you for the October 12, 2023, e-mail reply letter (below) that Mr  Ramirez wrote and  sent to me.

Your letter referred to and included an attached  October 12, 2023-dated,  four-page signed legal letter on  behalf of your DA's Office in Austin to  Texas Attorney General's Office Open Records Division  Chief Justin Gordon.

 In that legal letter, which I have reviewed,  Travis County Attorney's Office Assistant County Attorney Matthew Entsminger in Austin, Texas,   cited numerous or dozens of legal documents referring to me or relating to me that the Travis County District Attorney's Office seeks to withhold from me.

One polite  follow-up question: Do any of the legal documents you seek permission from the Attorney General of Texas to withhold from me refer to any pending or current or previous criminal-law charges against me or any cited criminal-law convictions in which I myself was cited as having been a defendant?

As I am sure you are very aware, I take great pride in leading a very honorable, very benevolent, psychologically healthy, dependably civil and law-abiding and conscientious and very honest and vigilant,  permanently alcohol-free (ever since 1990), lifelong tobacco-free and very anti-tobacco, lifelong-non-vaping,  permanently-jewelry-less, non-sadomasochistic and anti-S&M, lifelong-tattoo-less, consistently clean-talking and non-profane, facially cleanshaven,  pro-law enforcement lifestyle.  

I might add that I am strictly monoracial and American-citizen-focused (my own racial group and nationality group being white non-Hispanic persons and American citizens, respectively) in my own eventual romantic dating life  in my current city of residence of Salt Lake City, Utah.

 I myself do not have any criminal conviction record. I  am gainfully employed by two total respective  employers--- they being very  honorable and law-abiding corporate-owned or franchise-owned restaurant locations in Murray, Utah,  and Salt Lake City, Utah, respectively.

Mr. Ramirez and Ms. Guerra Winn and your Open Records Unit colleagues in Austin,, Texas, thank you in advance for your friendly reply letter to me in response to this one total follow-up question.

Sincerely and Best Wishes,

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

My cell phone: (512) 993-7305.

My home phone: (801) 355-0850.

Sent from AT&T Yahoo Mail on Android

_________

----- 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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