Inmate's Sex-Change Demand Draws Scrutiny

Murderer's Bid To Have The State Pay For His Sex Change Is Bogged Down In Federal Court

(AP)  A trial that opened more than a year ago has become bogged down in Boston federal court. There have been hundreds of hours of testimony from witnesses, including 10 medical specialists paid tens of thousands of dollars. The judge himself even hired an expert to help him make sense of it all.

The question at the center of the case: Should a murderer serving life in prison get a sex-change operation at taxpayer expense?

The case of Michelle — formerly Robert — Kosilek is being closely watched across the country by advocates for other inmates who want to undergo a sex change. Transgender inmates in other states have sued prison officials, and not one has succeeded in persuading a judge to order a sex-change operation.

The Massachusetts Correction Department is vigorously fighting Kosilek's request for surgery, saying it would create a security nightmare and make Kosilek a target for sexual assault.

An Associated Press review of the case, including figures obtained through Freedom of Information Act requests and interviews, found that the Correction Department and its outside health care provider have spent more than $52,000 on experts to testify about an operation that would cost about $20,000.

The duration and expense of the case have outraged some lawmakers who insist that taxpayers should not have to pay for inmates to have surgery that most private insurers reject as elective.

"They are prisoners. They are there because they've broken the law," said Republican state Sen. Scott Brown, who unsuccessfully introduced a bill to ban sex-change surgery for inmates. "Other folks, people who want to get these types of surgeries, they have to go through their insurance carrier or save up for it and do it independently. Yet if you are in prison, you can do it for nothing? That doesn't make a lot of sense."

But advocates say in some cases — such as that of Kosilek, who has twice attempted suicide — sex-change surgery is as much a medical necessity as treatment for diabetes or high blood pressure.

"The duty belongs to the prison to figure out how to fulfill its constitutional obligations to both provide adequate medical care and provide a fundamental security for all inmates," said Cole Thaler, an attorney with Lambda Legal, a gay-and transgender-rights group.

Kosilek, 58, was convicted of strangling his wife in 1990. He claimed he killed her in self-defense after she spilled boiling tea on his genitals.

Robert Kosilek legally changed his name to Michelle in 1993, and has sued the Correction Department twice, arguing that its refusal to allow a sex-change operation violates the Eighth Amendment protection against cruel and unusual punishment.

In 2002, U.S. District Judge Mark Wolf ruled that Kosilek was entitled to medical treatment for gender identity disorder, but stopped short of ordering the surgery. Kosilek sued again in 2005, arguing that the hormone treatments, laser hair removal and psychotherapy she has received since Wolf's ruling have not relieved her anxiety and depression.

"I would not want to continue existing like this," Kosilek testified.

[infidel_us]

"The question at the center of the case: Should a murderer serving life in prison get a ***-change operation at taxpayer expense?"

It amazes me that the question is even being asked. Let's see.....NO!

[rushman71]

It amazes me that the question is even being asked. Let's see.....NO!
Posted by infidel_us

More like "HELLLLL NOOOOOO!!!!!!"

[jetlizhan]

maybe his wife in 1990 burned his genit@ls up completely and he now wants to be a woman. the question should taxpayers pay for this operation? not no. . . .but h-e-l-l no!!!

[theusa1st]

How the H-E-L-L did this even make it to court. He should have been given the needle a long time ago. The state has already spent 10's of thousands of dollars on this lawsuit and the cost will go up astronomically, not including the amount of money it cost just to keep him in jail.
Just get rid of the murdering scum and spend the money on something good.

[pared1]

I'd rather pay for someone to beat him up than give him a "nip & tuck"

[rushlimpdrug]

So there's a kid down in india, if you can find him he'd probably do it for the record books.

[kommoncents-2009]

Un-f**king-believable!! THIS is what's wrong with this country. It is so outreagous that this even got this far as to waste taxpayer $'s on a trial for this human garbage. And what a laugh, his defense is that foregoing the operation would be the same as not giving medical treatment to someone with high blood pressure. Please give us all a break and let this loser succeed in his next suicide attempt.

If he really insists on this operation I'll do it for him, I'm quite talented with my chainsaw, just not very good with a needle and thread,----- So I'll bring along the duct tape.......

[thursday24]

ARE U FU(KING KIDDING ME???? I dont care about much of this *** but this has infuriated me! What's he going to ask for next? A facelift? Yea gender identity disorder is a sickness, but he isnt going to die if he doesnt have the surgery, as opposed to hypertension! What about the rapists that have been convicted and have asked for castration? They havent gotten what they want... This piece of mudering pondscum has some balls to even ask for this publicly (no pun intended). Let me have a minute with him...he wont need the surgery after I kick him in the nuts!

[bobanna02]

This is ridiculous. Obviously the taxpayer's shouldn't pay for the surgery. If he had appendicitis or some NECESSARRY health need, then yes it is the responsibility of the government. I agree, this should have been thrown out at first glance.

Unbelievable.

[thursday24]

I wonder what the family of the poor woman he strangled thinks of this...

[edamos54]

A few days ago they had the UGLIEST DOG contest.
If this guy gets his operation - no matter who
pays for it - he has the UGLIEST WOMAN contest
in the bag /he-she-it definitely swallowed the ugly stick/. Maybe the taxpayers could get their
money back if they have to pay and if there's a cash prize for winning this event.

[reel-crazy]

Perhaps we could reach an agreement and give him two passes with the guillotine. One low, then one high. We all win.

[sandy19731]

I'm a psychologist
I vote NO.

asking the govt. to pay for his *** change operation when we are already footing everything else...asinine. Even if he paid for it himself, you lose privileges in prison, this should be one of them.

[dogsoul]

Let's see if I got this straight... he murders his wife & now we have to spend several thousands of dollars keeping him alive in prison while getting little to no productivity in return. He's already managed to have us shell out more thousands of dollars with trials & a bunch of high paid experts so that he can force us to pay even more thousands of dollars so he can get a *** change... a procedure that your typical law-abiding citizen would almost always have to pay for themselves... that about right?

[barbaraf4]

"The question at the center of the case: Should a murderer serving life in prison get a ***-change operation at taxpayer expense"

That answer would be NO! We seem to be missing the part about jail being (supposedly) punishment. I know the prisoner wants this; however, someone needs to tell him that people in h*e*l*l want ice water and that's not going to happen either.

[barbaraf4]

"If he really insists on this operation I'll do it for him, I'm quite talented with my chainsaw, just not very good with a needle and thread,----- So I'll bring along the duct tape....... "
Posted by ncolsens at 04:48 PM : Jun 26, 2007

I'm a surgical nurse if you need an assistant. The duct tape should make a nice touch.

[dmk3]

It looks like Ozzie Ozbourne.

[terry67--2008]

In my opinion the question is what other medical procedures are provided for clinically ill inmates. Clearly the corrections workers recognize the GID diagnosis and accept that it needs to be treated (hence the hormones). In many instances, surgery is necessary for completely successful treatment of GID. While the fact may be that the patient is feeling better on hormones, that may not be enough to completely treat the disease.

I don't know the answer to the question, but I would suggest that this be treated the same as any inmate suffering from the failure of an organ - such as the kidney. If kidney-failure sufferers are given only access to dialysis for the rest of their natural born lives - without ever having the chance or option of organ transplant - then, yes, this is the right course. If the "close by not quite" treatment is used for other illnesses then, by all means, the same should be applied here.

If other inmate with other clearly diagnosable illnesses - as GID is, the DSM-IV is pretty specific - only get a partial treatment to keep them alive, but not cure their illness once and for all, then so too should this person.

[abigail4476]

Uh...is this even a REAL question? I can't believe his request would even be CONSIDERED. Next thing you know, female inmates will be allowed to have Botox and boob jobs out of the taxpayer's pocket. Lovely.

[thursday24]

Madhacktress...

NO this absolutely SHOULD NOT be treated the same as a "failure of an organ" !!!!! He wants this to get over his DEPRESSION - NOT CONTINUE TO LIVE!!!! Boohoo - THE FU(KING WIFE MURDERER IS SAD!!! So lets all pitch in so he can get his di(k wacked off!!! OMG!!!!!

[my2centss]

"Kosilek, 58, was convicted of strangling his wife in 1990. He claimed he killed her in self-defense after she spilled boiling tea on his genitals."

This isn't self defense in Massachusetts? If he was a senator, he wouldn't have served any time. Even under lesser circumstances.

[susanhelit]

We shouldn't even bother with experts for this - no need to interview him and see if he needs this or not or whatever. He couldn't get it from insurance on the outside - he can't have it on the inside. Period. Plenty have some issue or other with their appearance - tough luck.

[susanhelit]

GID may be a real disorder - but that doesn't mean he gets what he wants. Pedophelia is a real disorder too - shall we deliver some 7 year olds, or kiddy porn to make them feel better too?



The prison made the first mistake by giving him the hormones and other garbage. None of that was necessary. He's a prisoner. He gets medical treatment to keep him alive, and that's it. And he should count himself lucky to get that. Physical pain, incapacity - yeah, we can treat that. But merely to 'feel better' about himself? No earthly way.

[terry67--2008]

thursday24,

The medical condition of GID is, in fact, life threatening in many cases. Suicide is extremely prevalent in GID cases and sufferers with the disease lead an otherwise miserable existence. It%u2019s not merely a depression, it%u2019s a self-loathing to the core of one's being. I would say that it%u2019s likely incomprehensible for anyone who hasn%u2019t suffered GID to truly be able to identify with it.

There are those for whom hormones are entirely sufficient; but in this case that may not be so. I truly believe that if this inmate is in a life-threatening condition of unavoidable depression and self-loathing that hormones are not enough, and any treatment shy of SRS is not truly treating the illness. To do otherwise would be substandard medical care.

I don't know the specifics of the case down to the nitty-gritty and therefore I can%u2019t say for certain whether or not I would approve surgery if the decision were mine; but I absolutely wouldn%u2019t rule out the option in any case ever as many of the comments here are indicating.

As with organ transplant there is a case-by-case consideration with regard to the recipients' eligibility for a new organ, in these types of cases there are situations in which surgery would be an absolutely necessity; anything less being akin to torture.

In the outside world this person would have the opportunity to work toward surgery. Incarceration, fault notwithstanding, forces her to remain inaccurately gender-identified.

[tmkgls]

Law abiding citizens and/or their employers pay for their insurance and they still usually have to fight to get their insurance to pay for a such an operation. If not, then they must save up money to pay for it themselves. Let this Kosilek guy save up his own earnings he gets in prison to get his change. It may take the rest of his life but "that's life"!

Taxpayers should NOT have to pay for the operation. If he hadn't have ended up in prison this situation would NEVER have occurred - he would've had to save up for it himself. It has NOTHING to do with rights. If he's depressed - give him anti-depressents just like everyone else who can't afford such an operation has to.

[terry67--2008]

Pedophelia is a real disorder too

The treatment for paedophilia is not to being allowed to offend; therapy and medication are the treatments. If there are convicted paedophiles who are not receiving their medication and therapy while incarcerated then there is a serious problem with the corrections system.

Any other patient with a mental illness would be given the help necessary to let them live with their disease. Any other patient with a physical illness would likewise be treated.

This just so happens to be a mental illness with a physical manifestation. It is a mental illness that, in many cases, needs to be treated with a physical cure: surgery.

There are other options that, if discussed with the patient, may be acceptable. Orchiectomy, for example, is an acceptable treatment for those who feel they are being "poisoned" by testosterone.

Again, I don't know the specifics of this case and it is highly individualized in nature.

I do reject out of hand, however, that this person, just because of the nature of their illness, should be left out in the cold with regard to treatment.

[terry67--2008]

Pedophelia is a real disorder too

The treatment for paedophilia is not to being allowed to offend; therapy and medication are the treatments. If there are convicted paedophiles who are not receiving their medication and therapy while incarcerated then there is a serious problem with the corrections system.

Any other patient with a mental illness would be given the help necessary to let them live with their disease. Any other patient with a physical illness would likewise be treated.

This just so happens to be a mental illness with a physical manifestation. It is a mental illness that, in many cases, needs to be treated with a physical cure: surgery.

There are other options that, if discussed with the patient, may be acceptable. Orchiectomy, for example, is an acceptable treatment for those who feel they are being "poisoned" by testosterone.

Again, I don't know the specifics of this case and it is highly individualized in nature.

I do reject out of hand, however, that this person, just because of the nature of their illness, should be left out in the cold with regard to treatment.

[ilonka1953]

oh hell no!!!!!!!......no....no....no.......!!!!!!

[three-o-six]

Yea - let him have the *** change - and let the family of the victum preform it -- that seems like justice to me.

[grrein]

Here is an idea.......Let it become a woman but since she was born a man...leave her in with the male prisoners and let nature take its course.........OR BETTER YET.....KILL IT!!!!!

[caeric]

Is this a medical necessity? No. Therefore the taxpayers should NOT pay for the surgery.

However, if enough private donations can be obtained to pay for the surgery and all related costs, I would have no problem with the surgery going forward.

[dowjones20k]

ONLY in Massachusetts ...

Since when do prisoners incarcerated for murder have any right to demand anything ...much less a flippin *** change paid for by taxpayers ....

Better yet ... what judge in their right mind could possibly see merit in such a request/circumstance ...

This country is going to hell in a handbasket !!!

We are doomed !!

[linfinster]

This is so typical of American stupidity! He deserves only the minimal medical care. Let him kill himself.

[oakishpines]

if all the matter in the universe were converted to 99% huvan bodies and 1% food: how many people would there be? and how do we recycle such that infinite huvans, infinite lions, infinite mosquitos, infinite micriobes can joine us forever? and if folks are going to invest living wages in governments: why not invest liveing wages in governments that feed the world instead of in governments that tax the world?

[lestb35]

Oh you gotta frigging be kidding me. When I can't even afford to pay my health insurance. Can the bazzterds on the bench and get this country back on the raod to sanity. congress and judicial system is a mess. EVEYONE SHOULD STOP PAYING TAXES THIS APRIL. Just say no to taxes. I'nm not paying for this BS anymoe when there are little ole ladies who are working themslves to death with one two jobs. F@ck this basterrd. This friggin countryis run amok.

[lestb35]

Oh yea, definately give him a rope a blade whtever he needs. He can off himself whenever he wants. No problem.

[mo005]

I can't believe they are stupid enough to let them go to court with this ***. Take the piece of *** out back and cut it off with an axe. walla kinda like a jail tat only it didn't cost it a sandwich. stupid people, very stupid people.

[latazman]

Yet another tax payer rip off. I want to know who okayed the opperation. They should have to repay tax payers with interest! I'll g ofor letting him or she off themself. That would save some cost of regular prison care. There are peole out here that can't see a regular doctor and this thing gets specialist(s)!

[nyckate]

They HAVE for to be kidding - right??? No way should this be in court nevermind have made it this far -- and who the eff are these doctors who says this operation is a MUST for the benefit of the prisoner??? the effer is in prison because he committed illegal acts and gave up certain rights.

[sandy19731]

Kosilek, 58, was convicted of strangling his wife in 1990. He claimed he killed her in self-defense after she spilled boiling tea on his genitals."

He didn't seem to appreciate his wife's good intentions.....

[sandy19731]

So, Here's the plan
Murder wife
Get sentenced to prison
Have *** change surgery
Get switched to female prison
Female cellmate
Female showers

Sweet!

[tibu987]

A little common sense please.
If this person is given a major sexual change operation at State expense, whoever authorizes it
should be put out of office.
That Michelle enjoys being the house ho in prison should be enough to satisfy her sexual desires.
Sheeeeeesh!

[rowmaas24]

My opinion: there is absolutely no medical necessity for this individual to get, at taxpayers expenses, the so call *** change operation (he will never be a woman or a man, but that is another subject)He is not in danger of dying for what he is (maybe mentally, but he is a murderer, so what) There are many cases in which taxpayers had paid, for murderers in death row/or with life sentences, for operations/ and or treatments ,kidney transplant, open heart surgery, heart transplant(in California at the cost of 1 Mill) etc. The problem lays in a 1976 US Supreme Court ruling, that prisoners were entitle to the same medical treatment as everyone else, and prisons can be held liable for violating constitutional bans against cruel and unusual punishment.The reasoning behind that illogical conclusion, is beyond my comprehension

[aznyron-2009]

I is just the tip of the iceberg we are giving criminals more latitude than they deserve like cable TV weight lifting library etc plus nutricials meals and dental work as a senoir I know many senoirs retired who can not afford dental work plus do not get a nutrient meal if meals on wheels do not bring them food they go with out eating and there only crime is getting OLD it already cost the taxpayer 40K a year to wear house these criminals and that 30K to much in my opinion 1 meal a day is all they need and no weghts cable tv and library just give them a daily shower and put them to work on projects that will benefit American Taxpayers

[incog-nito]

So his wife spilled boiling tea on him, probably by accident, and he killed her in SELF-DEFENSE? Is this guy a joke or what? BTW, if you're a prisoner, you just don't have the same rights as the people outside, least of all ELECTIVE surgery. What's next? Inmates who demand cosmetic surgery because they don't look pretty enough?

[incog-nito]

No, this guy is not the real problem. The fact that there is even a trial, with hundreds of thousands of dollars of taxpayer money spent, is the real problem.

[grammawhamma]

OMG...what a fricking joke! So what if he/she is depressed. I bet most inmates are depressed. Killed his wife for burning his p.enis...maybe she was just trying to help him along in his desire to be a woman. Poor thing...I think I'll lose sleep tonight worrying about it. Give me a break!!

[michellem99-2009]

I am sorry people but the state should not pay for this. He is male. So he goes to prisom and whines to be a woman. Give me a break. He is and will alway be male. I don't buy it. If the tax payers are going to pay anything then it be basic medical care. Transgenderism is not basic care. A man in drag. He can't pass as a woman and never will. So step upto the plate and realise it. And yes I have met them and they not women and not men. You don't tinker with the gengers.

[jomimo]

Too bad, if he is "depressed" maybe, he should have thought about that before he strangled his wife to death in "self defense" because she spilled hot tea water on his balls. He deserves to suffer from his "depression".