I am glad I wrote and sent this follow-up letter today:
----- Forwarded Message -----
From: "John McMillan" <mcmillanj@att.net>
To: "William Costello" <william.costello@austintexas.gov>, "Lelan Larroque" <lelan.larroque@austintexas.gov>, "Texas Rangers (2015)" <rangers@dps.texas.gov>, "Texas Association of College/Univ Police Administrators 2020" <tacupaorganization@gmail.com>, "Texas ISD Police Chiefs Assoc 2021" <treasurer@texasisdchiefs.com>, "tammymartin@texaspolicechiefs.org" <tammymartin@texaspolicechiefs.org>, "utahdistrict02@gmail.com" <utahdistrict02@gmail.com>, "Internships" <internships@romney.senate.gov>, "Angela Romero" <angelaromero@le.utah.gov>, "Mike Schultz" <mikeschultz@le.utah.gov>, "mballard@le.utah.gov" <mballard@le.utah.gov>, "Paul A. Cutler" <pcutler@le.utah.gov>, "Cameron Roden" <croden@utah.gov>, "Attorney General of Utah" <uag@utah.gov>, "Attorney General of Utah" <uag@utah.gov>, "Uag" <uag@agutah.gov>, "ryan.vogel@uvu.edu" <ryan.vogel@uvu.edu>, "ryanwilcox@le.utah.gov" <ryanwilcox@le.utah.gov>, "Him-roi" <him-roi@umail.utah.edu>, "contactus@imail.org" <contactus@imail.org>, "State Bar of Texas Govt. Relations" <govt.relations@texasbar.com>, "U.S. Department of Education Texas Civil Rights Office (Dallas)" <ocr.dallas@ed.gov>, "Texas Tribune Editor in Chief Evan Smith" <esmith@texastribune.org>, "Hill Country News, Editor (2016)" <editor@hillcountrynews.com>, "KXAN TV News Investigations" <reportit@kxan.com>, "CBS News '60 Minutes' Editors and Reporters" <60m@cbsnews.com>, "nbauer@abc4.com" <nbauer@abc4.com>, "nbauer@abc4.com" <nbauer@abc4.com>, "Jennifer Gardiner" <jgardiner@abc4.com>, "jsweeney@sltrib.com" <jsweeney@sltrib.com>, "Austin Chronicle Editors" <mail@austinchronicle.com>, "Utah Restaurant Association 2022" <info@utahrestaurantassociation.org>, "Utah Peace Officers Association 2022" <homeupoa@gmail.com>, "communications@utahbar.org" <communications@utahbar.org>, "Mayor Wilson" <mayor@slco.org>, "ana.valdemoros@slcgov.com" <ana.valdemoros@slcgov.com>, "County Council Member Bradshaw" <arbradshaw@slco.org>, "Spencer Cronk" <spencer.cronk@austintexas.gov>, "Office of Gov. Spencer Cox" <govcomm@utah.gov>, "Utah Lt. Gov. Deidre Henderson 2021" <beckiepage@utah.gov>, "Texas Lt. Gov Dan Patrick" <dan.patrick@ltgov.texas.gov>, "State Senator Sarah Eckhardt 2020" <sarah.eckhardt@senate.texas.gov>, "Rep. Sheryl Cole (2019 CentralTX)" <sheryl.cole@house.texas.gov>, "Drew Springer" <drew.springer@senate.texas.gov>, "paige.west@house.texas.gov" <paige.west@house.texas.gov>, "Samantha Lopez" <samantha.lopez@house.texas.gov>, "StateRep.DonnaHoward" <donna.howard@house.texas.gov>, "ABA Commission on Disability 2020" <amy.allbright@americanbar.org>, "American Bar Assoc Journal(2015)" <abajournal@americanbar.org>, "media@naag.org" <media@naag.org>, "TRA General Counsel Kenneth Besserman" <kbesserman@tramail.org>, "Texas Apartment Association" <communications@taa.org>, "Utah Medical Association 2021" <info@utahmed.org>, "Utah Hospital Association 2021" <jill@utahhospitals.org>, "Austin Regional Clinic 2021" <annieaustin@austinregionalclinic.com>, "District 4" <district4@austintexas.gov>, "City of Austin City Attorney Anne Morgan" <anne.morgan@austintexas.gov>, "Austin City Auditor Corrie Stokes (2016)" <corrie.stokes@austintexas.gov>, "Travis County Auditor Patti Smith 2019" <patti.smith@traviscountytx.gov>, "City Auditor of Austin" <austinauditor@austintexas.gov>, "Taasa Info" <info@taasa.org>, "Rape Abuse and Incest National Network" <info@rainn.org>, "Janedoe Info" <info@janedoe.org>, "NBC Nightly News Headqrtrs 2016" <contact.nbcnews@nbcuni.com>, "Fbinaa Info" <info@fbinaa.org>, "U.S. Department of Homeland Security" <private.sector@dhs.gov>, "csfc@nsa.gov" <csfc@nsa.gov>, "Deseret News 2022" <dnweb@deseretnews.com>, "newsmedia@ldschurch.org" <newsmedia@ldschurch.org>, "central_texas@cruz.senate.gov" <central_texas@cruz.senate.gov>, "cruz_press@cruz.senate.gov" <cruz_press@cruz.senate.gov>, "southeast_texas@cruz.senate.gov" <southeast_texas@cruz.senate.gov>, "Office Dallas (Cornyn)" <dallas_office@cornyn.senate.gov>, "United States Senate" <webmaster@cornyn.senate.gov>, "austin_office@cornyn.senate.gov" <austin_office@cornyn.senate.gov>, "U.S. Rep. Lloyd Doggett (2015)" <lloyd.doggett@mail.house.gov>, "Juan Acosta" <manager@pebblecreekapartments.net>, "National District Attorneys Assn Crime Prevention" <nbunn@ndaajustice.org>, "Houston Chronicle Letters to the Editor" <viewpoints@chron.com>, "Robert Kepple" <robert.kepple@tdcaa.com>, "Shannon Edmonds" <shannon.edmonds@tdcaa.com>, "Jalayne Robinson" <jalayne.robinson@tdcaa.com>, "Austin Independent School District Police Dept." <aisdpd@aisd.org>, "UT-Austin Center for Criminology 2021" <wkelly@austin.utexas.edu>, "Austin Mayor Steve Adler" <steve.adler@austintexas.gov>, "Salt Lake City Mayor Erin Mendenhall 2021" <mayor@slcgov.com>, "Salt Lake City (UT) City Council" <council.comments@slcgov.com>, "Schools Utah Webmaster" <webmaster@schools.utah.gov>, "llstringham@slco.org" <llstringham@slco.org>, "suharrison@slco.org" <suharrison@slco.org>, "aely@naag.com" <aely@naag.com>, "media@naccho.org" <media@naccho.org>, "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "ago (AGO)" <ago@state.ma.us>, "Fox News SLC 2022" <news@fox13now.com>, "Utah Public Radio 2022" <tom.williams@usu.edu>, "DenverPostEditors" <newsroom@denverpost.com>, "news@texasmonthly.com" <news@texasmonthly.com>, "The Progressive Magazine" <editorial@progressive.org>, "releases@startribune.com" <releases@startribune.com>, "Utah Press Assn Director Brian Allfrey 2022" <ballfrey@utahpress.com>, "news@dailytexan.com" <news@dailytexan.com>, "Daily Texan Alumni Association (2016)" <friendsofthetexan@gmail.com>, "Travis County Commissioner Brigid Shea" <brigid.shea@traviscountytx.gov>, "Texas Higher Education Coordinating Board 2021" <commissioner@highered.texas.gov>
Cc: "APD Officer James Turner" <james.turner@austintexas.gov>, "Texas Observer Editors" <editors@texasobserver.org>, "nytnews@nytimes.com" <nytnews@nytimes.com>, "Criminal Justice Journalists Board Member Rashbaum" <rashbaum@nytimes.com>, "Steven Rich" <steven.rich@washpost.com>, "People Against Violent Crime 2020" <pavc@peopleagainstviolentcrime.org>, "Utah Citizens Against Physical and Sexual Abuse 2021" <info@capsa.org>, "Utah Public Radio 2022" <tom.williams@usu.edu>, "Utah Coalition Against Sexual Assault 2020" <info@ucasa.org>, "Utah Republican Party" <info@utgop.org>, "Utah Democrats" <mail@utdem.org>, "Travis County Commissioner Brigid Shea" <brigid.shea@traviscountytx.gov>, "Andy Brown" <andy.brown@traviscountytx.gov>, "Ann Howard" <ann.howard@traviscountytx.gov>, "brian.narciso@austintexas.gov" <brian.narciso@austintexas.gov>, "David Spiller" <david.spiller@house.texas.gov>, "APD Sex-Crimes Unit Det. David Silva" <david.silva@austintexas.gov>, "Christopher Keen" <christopher.keen@austintexas.gov>, "humanrts@umn.edu" <humanrts@umn.edu>, "nreppucci@quincyma.gov" <nreppucci@quincyma.gov>, "Quincy (MA) Mayor Thomas Koch 2021" <mayorkoch@quincyma.gov>, "Office for Victims of Crime (U.S. DOJ)" <itverp@usdoj.gov>, "elder.justice@usdoj.gov" <elder.justice@usdoj.gov>, "DOJ Sexual Harassment in Housing Initiative (CRT)" <sexualharassment.inhousing@usdoj.gov>, "mbernstein@globe.com" <mbernstein@globe.com>, "APD Dist Rep Espinoza" <ruben.espinoza@austintexas.gov>, "upres@umn.edu" <upres@umn.edu>, "todd.mitchell@slcgov.com" <todd.mitchell@slcgov.com>, "drew.hadley@slcgov.com" <drew.hadley@slcgov.com>, "mike.brown@slcgov.com" <mike.brown@slcgov.com>, "scott.stuck@slcgov.com" <scott.stuck@slcgov.com>, "chad.atkinson@slcgov.com" <chad.atkinson@slcgov.com>, "Adult Protective UT Supvr Chad Hansen" <cbhanse@utah.gov>, "Jen Dailey-Provost" <jdprovost@le.utah.gov>, "delia.garza@traviscountytx.gov" <delia.garza@traviscountytx.gov>, "APD Dist Rep Espinoza" <ruben.espinoza@austintexas.gov>, "michael.king@austintexas.gov" <michael.king@austintexas.gov>, "district3@austintexas.gov" <district3@austintexas.gov>, "district10@austintexas.gov" <district10@austintexas.gov>, "district8@austintexas.gov" <district8@austintexas.gov>, "district6@austintexas.gov" <district6@austintexas.gov>, "Cyprus Credit Union" <shauna.denos@cypruscu.com>, "jbriscoe@le.utah.gov" <jbriscoe@le.utah.gov>, "jplumb@le.utah.gov" <jplumb@le.utah.gov>, "paige.lay@texasattorneygeneral.gov" <paige.lay@texasattorneygeneral.gov>, "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "josh.reno@texasattorneygeneral.gov" <josh.reno@texasattorneygeneral.gov>, "matthew.entsminger@traviscountytx.gov" <matthew.entsminger@traviscountytx.gov>
Sent: Thu, Dec 28, 2023 at 1:37 PM
Subject: TXOAG rejects TCCA requests to withhold docs re: me
From Public Information Requestor and gainfully employed, permanently-alcohol-free, lifelong-tobacco-fee, lifelong-nonvaping, permanently marijuana-free (ever since 1984) and lifelong illicit-drug-free in regard to any and all illicit drugs other than marijuana, lifelong tattoo-less, lifelong non-pranking, facially cleanshaven, dependably civil and platonicly polite, clean-talking and non-profane, non-sadomasochistic and anti-S&M, longtime celibate (ever since one total day in 1995), permanently jewelry-less, non-gambling, lifelong single, adult white non-Hispanic male English-Scottish-German American permanent Utahn resident and lifelong American citizen John Kevin McMillan, 535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111. My Date of Birth: 4-27-1957. My Place of Birth: Lincoln, Nebraska.
December 28, 2023
A respectful FYI to each of you on the following exactly quoted highlights from this hard-copy December 21, 2023-dated and five-page Texas Attorney General's Office official Open Records Ruling reply letter on official Texas Attorney General's Office letterhead stationery. The ruling letter was primarily addressed to Travis County (TX) Assistant County Attorney Matthew Entsminger in Austin, Texas. The official ruling letter was written by Texas Assistant Attorney General Paige Lay of the Open Records Division of the Attorney General of Texas state agency in Austin.
This Wednesday night, December 27, 2023, I as the public information requestor in this cited Texas Open Records case received a courtesy carbon-copy of the above-cited reply letter in my designated first-floor mailbox for my current fully locked and bolt-locked solo-occupancy Ninth Floor rental apartment unit inside an 11-story HUD-subsidized senior citizens apartment complex in downtown Salt Lake City, Utah.
The official reply letter, below, with exactly quoted highlights from that letter being provided here by me, is apparently in regard to my September 28, 2023-identified e-mail Open Records Request (last item, below) to the Travis County District Attorney's Office in Austin, Texas. That September 28 request from me had sought:
"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....
"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."
________
"KEN PAXTON
"ATTORNEY GENERAL OF TEXAS
"December 21, 2023
"Mr. Matthew Entsminger
"Assistant County Attorney
"Travis County
"P.O. Box 1748
"Austin, Texas 78767
"OR2023-043598
"Dear Mr. Entsminger:
"You ask whether certain information is subject to required public disclosure under the Public Information Act (the 'Act'), chapter 552 of the Government Code. Your request was assigned ID # 23-099189 (ORR 1161224-1).
"The Travis County District Attorney's Office (the 'district attorney's office') received a request for information pertaining to the requestor during a specified period of time. You state some information will be released. You claim the submitted information is excepted from disclosure under sections 552.107, 552.108, and 552.111 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.(Footnote)1...(Footnote)1 We assume the 'representative sample' of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to the extent those records contain substantially different types of information than that submitted to this office.
"Section 552.107(1) of the Government Code protects information coming within the attorney-client privilege....
"You state the information you marked consists of communications between and among attorneys and employees of the district attorney's office that were
made for the purpose of facilitating the rendition of professional legal services to the district attorney's office. You also state these communications were intended to be and have remained confidential. Based upon your representations and our review, we find you have demonstrated the applicability of the attorney-client privilege to some of the communications at issue. Accordingly, with the exception of the information we marked for release, the district attorney's office may withhold the information it marked under section 552.107(1) of the Government Code. However, we find you have failed to demonstrate the remaining information at issue consists of privileged attorney-client communications. Therefore, the district attorney's office may not withhold any of the remaining information at issue on that basis.
"Section 552.108(a)(2) of the Government Code excepts from disclosure information concerning
an investigation that did not result in conviction or deferred adjudication. Gov't Code 552.108(a)(2). A governmental body claiming section 552.108(a)(2) must demonstrate the requested information relates to a criminal investigation that has concluded in a final result other than a conviction or a deferred adjudication. See id. 552.301(e)(1)(A); Open Records Decision No. 434 (1986). Upon review, we find you have failed to demonstrate the information relates to a criminal investigation that concluded in a final result other than a conviction or deferred adjudication; thus, the district attorney's office may not withhold the information it marked under section 552.108(a)(2)....
"Gov't Code 552.108(a)(4), (b)(3). A governmental body must explain how and why section 552.108 is applicable to the information at issue. See id. 552.108, .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W .2d 706 (Tex. 1977). Upon review, we find you have failed to demonstrate how the information at issue reflects the mental processes or legal reasoning of an attorney representing the state. Therefore, we find you have failed to demonstrate how the remaining information at issue is protected by sections 552.108(a)(4) and 552.108(b)(3), and the district attorney's office may not withhold any portion of it under section 552.108 of the Government Code.
"Section 552.111 of the Government Code excepts from disclosure 'an interagency or intraagency memorandum or letter that would not be available by law to a party in litigation with the agency.' See Gov't Code 552.111. This section encompasses the attorney work product privilege found in rule 192.5 of the Texas Rules of Civil Procedure. City of Garland v. Dallas Morning News, 22 S.W .3d 351, 360 (Tex. 2000); Open Records Decision No. 677 at 4-8 (2002). Rule 192.5 defines work product as:...
"You generally argue section 552.111 of the Government Code is applicable to the remaining information you marked. Upon review, we find you failed to establish the information at issue consists of material prepared, mental impressions developed, or a communication made in anticipation of litigation or for trial by or for the district attorney's office or representatives of the district attorney's office. Therefore, the district attorney's office may not withhold any portion of the remaining information as attorney work product under section 552.111 of the Government Code....
"Section 552.137 of the Government Code provides, 'an e-mail address of a member of the public that is provided for the purpose of communicating electronically with a government body is confidential under (the Act),' unless the owner of the e-mail address has affirmatively consented to its release or the e-mail is specifically excluded by subsection (c). Gov't Code 552.137(a)-(c)....
"In summary, with the exception of the information we marked for release, the district attorney's office may withhold the information it marked under section 552.107(1) of the Government Code. To the extent the e-mail addresses within the remaining information belong to members of the public and are not excluded by subsection 552.137(c) of the Government Code, the district attorney's office must withhold such e-mail addresses under section 552.137 of the Government Code, unless the individuals to whom the e-mail addresses belong affirmatively consent to their release. The remaining information must be released.
"This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances....
"Sincerely,
"Paige Lay
"Assistant Attorney General
"Open Records Division
"PL/pt
"Ref: ID#23-099189
"Enc. Submitted documents
"c: Requestor (the only requestor is me, Nebraska native John Kevin McMillan of Salt Lake City, Utah---this factual clarification was inserted here by me, JKM, on December 28, 2023)
(w/o enclosures)
_____
(Below are related legal documents, including my September 28, 2023 (official date of receipt) Open Records Request, final item below, to the Travis County District Attorney's Office in Austin, Texas.)
----- Forwarded Message -----
From: "John McMillan" <mcmillanj@att.net>
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.
Sent from AT&T Yahoo Mail on Android
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.
Sent from AT&T Yahoo Mail on Android
Posts
No comments:
Post a Comment
Please Leave Your Comments Here.