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) 
Kosilek's second trial, which began in May 2006, has featured expert testimony from 10 doctors, psychiatrists and psychotherapists. Wolf has not indicated when he will rule.

The Correction Department has spent about $33,000 on two experts it retained to evaluate Kosilek. Both Cynthia Osborne, a Baltimore psychotherapist, and Chester Schmidt, a psychiatry professor at Johns Hopkins University, said Kosilek does not need the surgery. Schmidt's fee alone was $350 per hour.

Two other doctors retained and paid for by the department's outside health provider, the University of Massachusetts Correctional Health Program, at a cost of just under $19,000 said they believe the surgery is medically necessary for Kosilek. Two other doctors who work for the health provider agreed with that.

In addition, two psychiatrists who testified for Kosilek recommended the surgery. A Boston law firm representing Kosilek for free paid for those experts but would not disclose the cost.

In Wisconsin, five inmates sued after the Legislature passed a law that bars Correction Department funding for hormone treatments or sex-change surgery. The case is expected to go to trial in October.

Those who argue against allowing the surgery say it could open the floodgates to other inmates who want sex-change operations or other treatments considered elective.

In Massachusetts, 10 inmates have been diagnosed with gender identity disorder and are receiving hormone treatments. Two other inmates besides Kosilek have asked for sex-change surgery.

Corrections officials say their decision to deny the surgery has nothing to do with costs or the politics of crime. They cite the testimony of their experts and Kosilek herself that her feelings of depression have diminished since she began taking hormones.

Former Commissioner Kathleen Dennehy testified that allowing Kosilek to complete the transformation into a woman would present a security problem. Whether she stays in a male prison or is transferred to a female prison, she could become a target for sexual assault, Dennehy testified.

Dennehy also said prison officials cannot be influenced by Kosilek's talk of suicide.

"The department does not negotiate or respond to threats of harm or suicide in an effort to barter," she said. "You couldn't run a prison with that kind of leveraging going on."

[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.