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.

[jomimo]

I am fine if he gets a *** change, it's weird, but the tax payers should not have to pay a cent for the operation. That is ridiculous. If he wants the operation he should have done it before he murdered is wife.

[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".

[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.

[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!!

[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.

[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?

[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

[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

[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!

[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!

[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.....

[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.

[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)!

[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.

[lestb35]

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

[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.

[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?

[linfinster]

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

[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 !!

[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.