Friday, December 12, 2014

A WRITTEN STATEMENT FROM MYSELF AS PART OF A LEGAL COMPLAINT OF MINE TO AUSTIN POLICE MONITOR MARGO FRASIER, WHO ON JULY 10, 2012, RESPONDED TO MY COMPLAINT AND ACCOMPANYING DOCUMENTATION BY HERSELF DECLINING TO INVESTIGATE IN ANY WAY, AND BY SENDING A 'CEASE AND DESIST' ORDER TO ME ON ANY FURTHER COMMUNICATIONS TO HER OFFICE ABOUT MY BEING A VICTIM OF ALLEGED SEX-CRIMES AND ALLEGED PERSONAL-INJURY CRIMES ALLEGEDLY INFLICTED ON ME DURING MY SLEEP INSIDE MY BOLT-LOCKED APARTMENT UNIT IN AUSTIN, TEXAS, USA


(EDITOR'S NOTE: THE CORRECT OFFICIAL E-MAIL ADDRESS FOR THE CURRENT CHIEF OF THE AUSTIN POLICE DEPARTMENT IN AUSTIN, TEXAS, CHIEF ART ACEVEDO, IS: ART.ACEVEDO@AUSTINTEXAS.GOV .

THE CORRECT OFFICIAL E-MAIL ADDRESS FOR THE AUSTIN POLICE DEPARTMENT'S CURRENT CONSTITUENT SERVICES LIAISON IN 2015, MS. JANET JACKSON, IS:
JANET.JACKSON@AUSTINTEXAS.GOV .

THE CORRECT NEW OFFICIAL E-MAIL ADDRESS IN 2015 FOR THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE IN AUSTIN, TEXAS, USA, IS:
DISTRICT.ATTORNEY@TRAVISCOUNTYTX.GOV. --- JKM).

Mar 23 (2014)
me
To
Travis County District Attorney
Mar 23 (2014)
FYI on the following additional criminal-law evidence on my own behalf, from John Kevin McMillan of Austin.
Home phone: (512) 342-2295.

John Kevin McMillan

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

From: John McMillan
To: Office of the Police Monitor
Sent: Thursday, June 28, 2012 11:45 PM
Subject: Item XXXIII re: my complaint vs. APD Det. David Silva

Dear Julian and Sonia in the Office of the Police Monitor of the City of Austin,

The following (below) is additional legal correspondence from myself that I would like to share with you on behalf of my legal complaint against APD Detective David Silva.

I look forward to receiving the official findings from your office in the very near future in response to my formal complaint against Detective Silva that I've filed through your office.

Respectfully,

John Kevin McMillan, complainant.
My home address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
My home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

(EDITOR'S NOTE: THE FOLLOWING 2011 LEGAL E-MAIL LETTER OF MINE TO DETECTIVE DAVID SILVA OF THE AUSTIN POLICE DEPARTMENT SEX-CRIMES UNIT IN AUSTIN, TEXAS, USA, CONTAINS EXCERPTS FROM AN OFFICIAL STATE GOVERNMENT OF TEXAS-SPONSORED REPORT ON MYSELF. THAT REPORT WAS WRITTEN BY A VARIETY OF INDIVIDUALS EMPLOYED BY THE STATE GOVERNMENT OF TEXAS DURING MARCH AND APRIL OF 1990, WHEN I MYSELF RESIDED IN BIG SPRING, TEXAS.

I WOULD LIKE TO POLITELY EMPHASIZE AT THIS TIME THAT THROUGHOUT THE ENTIRETY OF MY MULTI-MONTH PERIOD OF RESIDENCE IN THE CITY OF BIG SPRING, TEXAS, THAT EXTENDED FROM OCTOBER OR NOVEMBER OF 1989 UNTIL APRIL OF 1990, I MYSELF WAS COMPLETELY CELIBATE, WITHOUT ANY SEXUAL CONTACT OR ANY INTIMATE PHYSICAL CONTACT OF ANY TYPE BETWEEN MYSELF AND ANY OTHER HUMAN BEING OR ANY ANIMAL OR BEAST, FOR THAT MATTER, AT ANY TIME OR ON ANY OCCASION DURING ANY AND ALL OF MY OWN CONSCIOUS OR WAKING HOURS IN BIG SPRING, TEXAS, OR ANYWHERE ELSE I TRAVELED TO OR WAS SITUATED IN OR VISITED DURING THAT ENTIRE MULTI-MONTH PERIOD.---JKM)

--- On Wed, 7/13/11, John McMillan wrote:

From: John McMillan
Subject: 7-13-11 follow-up note re: our phone conversation this Tuesday
To: david.silva@ci.austin.tx.us
Date: Wednesday, July 13, 2011, 2:33 AM

To: Detective David Silva, Sex Crimes Division lead investigator in APD criminal-law case number 11-1180447.

Dear Detective Silva,

Thank you again for taking the time to talk with me this Tuesday on the telephone about the criminal-law complaint of alleged "forcible sodomy" that was filed by myself with the Austin Police Department on April 28, 2011.

As you know, Detective, I have been very careful to refrain from stating to you or any other APD officer at any time that I myself am alleging that any particular cited individual is, in fact, the person who allegedly subjected me to sexual contact or physical contact or sexual molestation or physical torture or physical abuse of any type during my nocturnal sleep inside my locked and bolt-locked apartment unit in northwest Austin.

Since I sleep soundly when I am asleep, and I generally snore while sleeping, in fact, I of course cannot myself state that I directly observed any cited individual allegedly having any physical contact with me or allegedly having sexual contact with me of any type during a time period in which I was, in fact, unconscious while sleeping alone on my Swedish-designed orthopedic bed inside my apartment unit in Austin.

In regard to the surprising questions about a 1990 psychiatric commitment imposed on me in Big Spring, Texas, against my wishes that a colleague of yours, APD Officer Wallace (APD Officer 2289), emphatically posed to me inside my apartment unit on Friday, July 8, 2011, with himself being accompanied during that visit by APD Officer 5196 (another male officer), I would like to politely and respectfully respond to those questions at this time.

I will be happy to provide your law-enforcement agency with a photocopy of all of the more than 100 pages of official State Government of Texas medical records on me relating to the multi-week period of spring 1990 in which I was confined against my wishes to involuntary psychiatric confinement inside Big Spring State Hospital in Big Spring, Texas, and then transferred from there to Austin State Hospital in Austin, Texas, in spring 1990 for continued involuntary confinement inside that psychiatric facility in Austin that's also owned and operated by the State Government of Texas.

In 1995, I received those official "state hospital medical records" from the Texas Department of Mental Health and Mental Retardation in response to a public-information request of mine dated September 30, 1995, in which a private attorney assisting me at that time, Roy Fuller of Baytown, Texas, received copies of all those documents on my behalf from that state agency.

As I tonight glance through those legal documents relating to my period of involuntary confinement at Big Spring State Hospital and Austin State Hospital in 1990, I find the following entries to be possibly noteworthy (and some of these entries are handwritten by State of Texas employees and are also difficult to read for that reason):

---"4/5/90 ....cream (applied) to (John Kevin McMillan's) groin lesion...."

---"Psychiatric evaluation...(no dated cited on that page): "Last night (Big Spring) police called...'people would come through my walls' and have rectal intercourse while I'm asleep."

---Nursing Assessment," dated 12:10 p.m. 3-31-90: "patient reported to (Big Spring) police that someone had put bruises on his groin area while he was asleep. Found pubic hairs in his bed that he believes belong to someone else."
Nursing Assessment, Continuation Form, dated 3-31-90: "(John Kevin McMillan) states that he found pubic hairs in his bed which are a different color from his and thus had to belong to someone else. Also had a 'rash' or bruise on his groin area which he believes someone inflicted on him while he was asleep. States that he has even taken measures to ensure that someone is not entering his apartment while he is asleep and that is to have installed 'dead-bolt' locks on all his doors and 'sealed' all his windows...He does not think that (Big Spring) police should have used his 'report' as a basis for seeking his admission to his (state psychiatric hospital in Big Spring, Texas).
"Bonifario (sp?) Salazar, RNC, MSW, 3-31-90, 12:28 p.m."

Medical History/Review of Symptoms: "No alcohol or drug problem."
Signature of cited State of Texas employee illegible, dated 3-5-1990, 3:45 p.m.

Multidisciplinary Case Conference, signed by Trisha Boyles, M.A., P.A., Psychologist, among other State of Texas employees, and dated April 5, 1990: "Prior to admission (into Big Spring State Hospital) Mr. McMillan repeatedly stated that 'people are coming through the walls (of my duplex apartment unit in Big Spring, Texas) and having sex with me'."

Multidisciplinary Treatment Plan, dated 3-31-90, and apparently authored by or on behalf of Marilyn Clark, M.A., at Big Spring State Hospital: "PROBLEM/NEED: patient suspicious of others, thinks that someone has been coming into his apartment while he is asleep and had inflicted some kind of 'rash' or bruises on his groin area. He feels that he has to protect himself from these unknown individuals by putting 'dead bolt' locks on doors and sealing his windows."

Discharge/Furlough Summary, dated April 26, 1990, and written and submitted by Dr. Len Dan Kerr, head psychiatrist assigned to my own case at Big Spring State Hospital: "..."Problem A was defined as the patient (John Kevin McMillan) is suspicious of others. He thinks that someone has been coming to his apartment (in Big Spring) while he is asleep and has infected some kind of rash or buises in his groin area. He feels that he has to protect himself from these unknown individuals by putting dead bolt locks and sealing his windows."

"Objective Key", no date cited: ""A(:) Mr. McMillan will demonstrate an improvee (sic) ability to interpret and interact with others without exhibiting exaggerated fears or aggression towards others."

March 30, 1990, dated "Progress Notes" from Trisha Boyles, a psychologist, at Big Spring State Hospital: "Dr. (James) Webb diagnosed Mr. (John Kevin) McMillan as Schizophrenia, Paranoid type. However, this writer does not see any manifestations of any psychotic disorder. Mr. McMillan was quite pleasant to talk with, however, at times, he tended to be vague."

March 31, 1990, 12:10 a.m.: Progress Notes, written by Bonefario Salazar, social worker, at Big Spring State Hospital: "(Patient) denies any homocidal (sic) or suicidal thinking and has never been 'aggressive' towards anyone. He finally did admit to some thinking that he had found 'pubic hairs' in his bed of a different color than his and that he found a 'rash' or bruise on his groin area and he suspected that someone had inflicted these on him while he was asleep. He states that he filed a report with the (Big Spring) police as advised by his attorney (Drew Mouton of Big Spring, information added by myself, John Kevin McMillan, on July 13, 2011) and as a result of this report, he was committed to the hospital. No aggressive behaviors seen."

April 3, 1990, 11:20 p.m. Progress Notes: "...he (John Kevin McMillan) obviously is having the delusion that people are coming through the walls (of his duplex apartment in Big Spring, Texas) and having sexual intercourse while he is asleep....This patient appears to have absolutely no insight into his difficulties. All he can talk about is trying to sue myself (Dr. Len Dan Kerr, chief psychiatrist assigned to the case in Big Spring) and the state (State Government of Texas) for keeping him locked up here against his will."

Progress Notes, dated April 5, 1990, 3:05 p.m., written by Trisha Boyles, psychologist, at Big Spring State Hospital: "Mr. McMillan continues to believe that unknown persons have come into his apartment (in Big Spring) during the night and had sex with him. When questioned about this, he stated that he is a very sound sleeper and does not know about it until the next morning because he is 'sore'. Mr. McMillan is clearly manifesting paranoid delusions that were not readily apparent due to his evasiveness in talking to this writer. He continues to want to portray himself as a 'victim' to this writer and that he does not need to be here."

Progress Notes, continued, April 9, 1990, by Trisha Boyles, the psychologist assigned to the case at Big Spring State Hospital: "Mr. (John Kevin McMillan) did relate that maybe he should get a pet, such as a guard dog, in order to verify his sense of reality. He stated that he would have the pet sleep with him in order that he may feel more secure (inside his apartment unit)."

Detective Silva, I hope that this additional information about the very accurate criminal-law complaint I filed in person inside the Big Spring Police Department in Big Spring, Texas, in 1990, and the very severe and injurious reprisals against myself resulting from my having filed that complaint, is helpful to you.

I would also like to take this opportunity to politely respond to APD Officer Wallace's question to me in person on July 8, 2011, relating to the incident in 1991 in which I was myself arrested by sheriff's deputies in Sweetwater, Texas, for alleged "mischievous driving" in which a pebble allegedly flew from my car wheel and allegedly struck the window of a Hispanic man's home situated across the fence from the apartment complex parking lot where my car was situated near my private residence.

There was never any court hearing granted to me in that case, which I still, to this day, regard as rather odd. However, I was ordered to pay restitution to the asserted "victim" as a pre-condition for my being released from Nolan County Jail in Sweetwater. I paid that "restitution" even though I myself maintained that I felt very sure that there was no way that a pebble struck by my car wheel could have flown hundreds of yards from my apartment complex parking lot over a fence, and then striking that Hispanic man's window to his home situated hundreds of yards from my car.

That case was dismissed by the Nolan County Attorney in 1991, and I have copies of official legal documents about that dismissal of that alleged "mischievous driving" case in Sweetwater, should you ever have a need for that information.

Please do not hesitate to contact me if the Austin Police Department has any additional questions for me that either relate to or were prompted by or included in the scope of your very thorough and diligent investigation of my criminal-law forcible-sodomy complaint that I filed on April 28, 2011.

Sincerely,

John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

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