The Austin (TX) Police Department has confirmed for me in writing that it does have legal documents on file that are responsive to the following three-part November 14, 2023, online public information request I wrote and submitted to APD:
----- Forwarded Message -----
From: "John McMillan" <mcmillanj@att.net>
To: "Publicrecords" <publicrecords@oag.texas.gov>, "Josh Reno" <josh.reno@texasattorneygeneral.gov>, "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "Adult Protective UT Supvr Chad Hansen" <cbhanse@utah.gov>, "chad.atkinson" <chad.atkinson@slcgov.com>, "Joe Dougherty (DHHS)" <joedougherty@utah.gov>, "Joel Briscoe" <jbriscoe@le.utah.gov>, "Cameron Roden" <croden@utah.gov>, "jessanderson@utah.gov" <jessanderson@utah.gov>, "dps-victimservices@utah.gov" <dps-victimservices@utah.gov>, "Drew Hadley" <drew.hadley@slcgov.com>, "todd.mitchell" <todd.mitchell@slcgov.com>, "scott.stuck" <scott.stuck@slcgov.com>, "marie.stewart" <marie.stewart@slcgov.com>, "Salt Lake County (UT) District Attorney 2022" <districtattorney@slco.org>, "Henry Kellison" <henry.kellison@traviscountytx.gov>, "jose.garza@traviscountytx.gov" <jose.garza@traviscountytx.gov>, "Andy Brown" <andy.brown@traviscountytx.gov>, "Delia Garza" <delia.garza@traviscountytx.gov>, "Matthew Entsminger" <matthew.entsminger@traviscountytx.gov>, "Ann Howard" <ann.howard@traviscountytx.gov>, "Travis County Commissioner Brigid Shea" <brigid.shea@traviscountytx.gov>, "Hernandez Sally [TCSO]" <sally.hernandez@traviscountytx.gov>, "State Senator Sarah Eckhardt 2020" <sarah.eckhardt@senate.texas.gov>, "Robert Kepple" <robert.kepple@tdcaa.com>, "Shannon Edmonds" <shannon.edmonds@tdcaa.com>, "Jalayne Robinson" <jalayne.robinson@tdcaa.com>, "National District Attorneys Assn Crime Prevention" <nbunn@ndaajustice.org>, "Fbinaa Info" <info@fbinaa.org>, "U.S. Department of Homeland Security" <private.sector@dhs.gov>, "Utah Peace Officers Association 2022" <homeupoa@gmail.com>, "Attorney General of Utah" <uag@utah.gov>, "Uag" <uag@agutah.gov>, "Deseret News 2022" <dnweb@deseretnews.com>, "newsmedia@ldschurch.org" <newsmedia@ldschurch.org>, "Mike Weichers" <mweichers@ch.utah.gov>, "mike.brown" <mike.brown@slcgov.com>, "ana.valdemoros@slcgov.com" <ana.valdemoros@slcgov.com>, "Mayor Wilson" <mayor@slco.org>, "Salt Lake City Mayor Erin Mendenhall 2021" <mayor@slcgov.com>, "margaret.gomez@traviscountytx.gov" <margaret.gomez@traviscountytx.gov>, "Joel_wellum" <joel_wellum@lee.senate.gov>, "Angela Romero" <angelaromero@le.utah.gov>, "Internships" <internships@romney.senate.gov>, "Utah Republican Party" <info@utgop.org>, "utahdistrict02@gmail.com" <utahdistrict02@gmail.com>, "Office of Gov. Spencer Cox" <govcomm@utah.gov>, "Utah Lt. Gov. Deidre Henderson 2021" <beckiepage@utah.gov>, "Jplumb" <jplumb@le.utah.gov>, "slcpdpr@slcgov.com" <slcpdpr@slcgov.com>, "District 1" <district1@austintexas.gov>, "District 1" <district1@austintexas.gov>, "District 3" <district3@austintexas.gov>, "District 2" <district2@austintexas.gov>, "District 4" <district4@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>, "Council Member Mackenzie Kelly (2021)" <district6@austintexas.gov>, "Austin City Council Member Ann Kitchen (2016)" <district5@austintexas.gov>, "Samantha Lopez" <samantha.lopez@house.texas.gov>, "StateRep.DonnaHoward" <donna.howard@house.texas.gov>, "Drew Springer" <drew.springer@senate.texas.gov>, "Rep. Sheryl Cole (2019 CentralTX)" <sheryl.cole@house.texas.gov>, "kcullimore@le.utah.gov" <kcullimore@le.utah.gov>, "Texas Rangers (2015)" <rangers@dps.texas.gov>, "Salt Lake City Mayor Erin Mendenhall 2021" <mayor@slcgov.com>, "TXGov Child Sex Trafficking Team 2020" <cstt@gov.texas.gov>, "Texas Lt. Gov Dan Patrick" <dan.patrick@ltgov.texas.gov>, "jsweeney@sltrib.com" <jsweeney@sltrib.com>, "University of Utah Student Newspaper 2022" <press@chronicle.utah.edu>, "Fox News SLC 2022" <news@fox13now.com>, "Jennifer Gardiner" <jgardiner@abc4.com>, "nbauer@abc4.com" <nbauer@abc4.com>, "Utah Coalition Against Sexual Assault 2020" <info@ucasa.org>, "Utah Citizens Against Physical and Sexual Abuse 2021" <info@capsa.org>, "Utah Medical Association 2021" <info@utahmed.org>, "Utah Safety Council" <safety@utahsafetycouncil.org>, "Utah Apartment Association 2022" <info@uaahq.org>, "mayor@murray.utah.gov" <mayor@murray.utah.gov>, "nytnews@nytimes.com" <nytnews@nytimes.com>, "news@dailytexanonline.com" <news@dailytexanonline.com>, "letters@statesman.com" <letters@statesman.com>, "Letters" <letters@seattletimes.com>, "Los Angeles Times" <newstips@latimes.com>, "People Against Violent Crime 2020" <pavc@peopleagainstviolentcrime.org>, "Rape Abuse and Incest National Network" <info@rainn.org>, "Taasa Info" <info@taasa.org>, "Texas Association Against Sexual Assault 2021" <taasa@taasa.org>, "Janedoe Info" <info@janedoe.org>, "Senator Jane Nelson" <jane.nelson@senate.texas.gov>, "Ann Howard" <ann.howard@traviscountytx.gov>, "Austin Mayor Steve Adler" <steve.adler@austintexas.gov>, "Spencer Cronk" <spencer.cronk@austintexas.gov>, "Texas Higher Education Coordinating Board 2021" <commissioner@highered.texas.gov>, "TEA Commissioner 2021" <commissioner@tea.texas.gov>, "Ryan Bartlett" <ryan.bartlett@schools.utah.gov>, "Mike Schultz" <mikeschultz@le.utah.gov>, "Gay Lynn Bennion" <glbennion@le.utah.gov>, "mballard@le.utah.gov" <mballard@le.utah.gov>, "Paul A. Cutler" <pcutler@le.utah.gov>, "Salt Lake City (UT) City Council" <council.comments@slcgov.com>, "City of Austin City Attorney Anne Morgan" <anne.morgan@austintexas.gov>, "Delia Garza" <delia.garza@traviscountytx.gov>, "Matthew Entsminger" <matthew.entsminger@traviscountytx.gov>, "Dr. David Tobey, ENT Specialist" <dtobey@mac.com>, "Dr. David Tobey" <dtobey@austinent.com>, "Crime Victims' Institute2020 Sam Htn State U" <crimevictims@shsu.edu>, "Office for Victims of Crime (U.S. DOJ)" <itverp@usdoj.gov>, "Office for Victims of Crime, U.S. Justice Dept." <ttac@ovcttac.org>, "ryan.vogel@uvu.edu" <ryan.vogel@uvu.edu>, "ryanwilcox@le.utah.gov" <ryanwilcox@le.utah.gov>, "KXAN TV News Investigations" <reportit@kxan.com>, "NBC Nightly News Headqrtrs 2016" <contact.nbcnews@nbcuni.com>, "CBS News '60 Minutes' Editors and Reporters" <60m@cbsnews.com>, "Austin Chronicle Editors" <mail@austinchronicle.com>, "Houston Chronicle Letters to the Editor" <viewpoints@chron.com>, "State Bar of Texas Govt. Relations" <govt.relations@texasbar.com>, "communications@utahbar.org" <communications@utahbar.org>, "ago (AGO)" <ago@state.ma.us>, "AGO - Department of Justice" <nedoj@nebraska.gov>, "Minnesota Fusion Center 2021" <mn.fc@state.mn.us>, "Florida Fusion Center 2021" <floridafusioncenter@fdle.state.fl.us>, "Colorado Fusion Center 2021" <cdps_ciac@state.co.us>, "Tennessee Fusion Center 2021" <tipstotbi@tn.gov>, "tfc@tn.gov" <tfc@tn.gov>, "Office Dallas (Cornyn)" <dallas_office@cornyn.senate.gov>, "central_texas@cruz.senate.gov" <central_texas@cruz.senate.gov>, "cruz_press@cruz.senate.gov" <cruz_press@cruz.senate.gov>, "Cyprus Credit Union" <shauna.denos@cypruscu.com>, "steven.rich@washpost.com" <steven.rich@washpost.com>, "michael.king@austintexas.gov" <michael.king@austintexas.gov>, "james.turner@austintexas.gov" <james.turner@austintexas.gov>, "news@ksl.com" <news@ksl.com>
Sent: Fri, Jan 5, 2024 at 8:26 PM
Subject: Austin Police shares docs with me re: my 11-14-23 PIR
January 5, 2024
Dear Very Honorable Supporters of Law Enforcement,
It was very good to learn online yesterday from the Austin Police Department (APD) in that state-capital city for Texas that APD does have legal records on file that APD is willing to share with me.
They are each documents that are directly responsive to the following (below) three-part November 14, 2023, online public information request from me.
I wrote and submitted that information request last year at the Austin Police Department Open Records Requests official website address of "http://www.austintexas.gov".
I submitted that online request to APD in my capacity as 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, gainfully employed, lifelong-tobacco-free, lifelong-nonvaping, permanently-non-gambling, facially cleanshaven, permanently jewelry-less, longtime celibate (ever since one total day in 1995), lifelong single, platonicly polite and non-profane, British-German-American and lifelong American citizen, white non-Hispanic male adult former resident of Austin and longtime self-identified continuous home-invasion crimes victim and longtime self-identified continuous sexual-assault crimes victim and longstanding very honest and law-abiding criminal-law complainant in Austin.
____
On 1/4/2024 12:00:09 PM, Austin Public Records Center wrote:
Subject: [Austin Public Records Center] :: R118544-111423
Body:
Re: Public Information Request of November 14, 2023, Reference # R118544-111423;
Dear Mr. John Kevin McMillan,
The Austin Police Department received a Public Information request from you on November 14, 2023, to request copies of records pertaining to the following:
“(1) A copy of one currently applicable document or record or policy on file with the Austin (TX) Police Department (APD) that specifically states the circumstances in which, or criteria that have to be met for, state law in Texas, federal law, an ordinance of the City of Austin, an APD policy, or an ordinance of Travis County Government to require full multi-month retroactive forensic DNA-evidence tracing for the maximum possible retroactive tracing period of 180 days or longer on the entire contents of a Sexual Assault Forensic Evidence kit---either a kit that had been obtained from a self-identified rape victim in Austin who stated to APD that he or she wanted to press criminal-law charges, or a kit that had been obtained from a suspected rapist.
"(2) A copy of a currently applicable document or record or currently applicable policy on file with APD that states the specific criteria that have to be met for APD to classify or re-classify an alleged Home-Invasion Sexual Assault Crimes case as a CONTlNUOUS Home-Invasion Sex Crimes case, or that states the specific criteria that have to be met for APD to classify or re-classify a Sexual Assault Crime case as a CONTINUOUS Sex Crimes case.
"(3) A copy of a current document on file with APD which cites the criteria that have to be met for a crime case to be either classified or re-classified with some type of specific wording or terminology as a 'Somnophilia' or 'Somnophiliac' Sexual Assault case ---- an alleged Sexual Assault case in which the victim was held unconscious throughout or was asleep throughout or was unconscious throughout that alleged sex crime.”
The City of Austin has responsive information for your request. Please log in to the Open Records Center at the following link to download the responsive records.
Austin Police Department - R118544-111423
Please be advised the website only allows for two downloads of your files, once you have opened your files please save a copy for your records.
(1) A copy of one currently applicable document or record or policy on file with the Austin (TX) Police Department (APD) that specifically states the circumstances in which, or criteria that have to be met for, state law in Texas, federal law, an ordinance of the City of Austin, an APD policy, or an ordinance of Travis County Government to require full multi-month retroactive forensic DNA-evidence tracing for the maximum possible retroactive tracing period of 180 days or longer on the entire contents of a Sexual Assault Forensic Evidence kit---either a kit that had been obtained from a self-identified rape victim in Austin who stated to APD that he or she wanted to press criminal-law charges, or a kit that had been obtained from a suspected rapist. That information is in Texas Government Code 420.042.
(2) A copy of a currently applicable document or record or currently applicable policy on file with APD that states the specific criteria that have to be met for APD to classify or re-classify an alleged Home-Invasion Sexual Assault Crimes case as a CONTlNUOUS Home-Invasion Sex Crimes case, or that states the specific criteria that have to be met for APD to classify or re-classify a Sexual Assault Crime case as a CONTINUOUS Sex Crimes case. This does not exist in any of our policies.
(3) A copy of a current document on file with APD which cites the criteria that have to be met for a crime case to be either classified or re-classified with some type of specific wording or terminology as a "Somnophilia" or "Somnophiliac" Sexual Assault case ---- an alleged Sexual Assault case in which the victim was held unconscious throughout or was asleep throughout or was unconscious throughout that alleged sex crime. This does not exist in any of our policies.
Thank you for contacting the City of Austin.
Open Records Unit
Austin Police Department
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