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Prisoner sex-change case watched




MANSFIELD - The sex change lawsuit of a Mansfield man in prison for murdering his wife is being closely watched by advocates for inmates across the country who want to undergo a sex change.

The lawsuit by Michelle Kosilek - formerly Robert - went to trial more than a year ago and has become bogged down in U.S. District Court in Boston, where a judge has not yet ruled on the case.

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?

Transgender inmates like Kosilek 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 state Sen. Scott Brown, R-Wrentham, 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 their Mansfield condominium 1990 before dumping her body in her car and leaving it at Emerald Square mall in North Attleboro.

At his trial, he was allowed to wear women's jeans and sneakers and cosmetics.

Kosilek claimed he killed his wife 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.

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 himself 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."

 


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to compassion wrote on Jun 27, 2007 6:26 PM:

" The wife that is in a box, six feet under, is why he is in jail. How much compassion do I have for a man that murdered his wife???? "

only in America wrote on Jun 27, 2007 5:33 PM:

" This is absolutely ridiculous. The state wouldn't pay for the boy that needed bone marrow transplants. Yet! They will pay for this! Where or what are we heading for????? "

Anon wrote on Jun 27, 2007 4:22 PM:

" How much of this guy's c**p are we going to put up with? NOW will someone ask for the death penalty? "

compasion wrote on Jun 27, 2007 1:27 PM:

" This poor person who's rights are taken away by society,trapped by the prison system,trapped by mother nature in the wrong body,and now at the mercy of the court system.And lets not forget about his wife trapped in a box under six feet of earth.Lets hope the courts have some compassion for this person. "

ewww wrote on Jun 27, 2007 11:01 AM:

" This is what we pay taxes for????? Is this why we don't have good roads and better health care for the elderly and needy?? Then where does this person go...Framingham Women's Prison? When and where and how did we go wrong??? "

PJ wrote on Jun 27, 2007 10:50 AM:

" I don't think this should be allowed. Isn't bad enough that we taxpayers have to house and feed the criminals behind bars? They get free room and board after having made others suffer to varying degrees. I know there is violence in prisonsbut why make a situation where the authorities think it will get worse for them? Why should they get the extreme in medical procedures at our expense!!!!!!!! "

Mike...uh...Michaelle...uh.....Mike wrote on Jun 27, 2007 9:51 AM:

" What next? Boob jobs? Nose Jobs? Pedicures? "

hindsight wrote on Jun 27, 2007 9:48 AM:

" WOW. If Kosilek's mental well being is the drive behind this operation and court battle and it seems that an even split of 2 experts for and 2 against the need for the operation, the burden of proof is therefore opinionated not proven fact. The real test to the need or desire for Kosilek to have this operation performed is to determine if Kosilek was to have this operation if he was not in jail. This should include the money for the operation out of his own pocket or insurance that covers this procedure and the doctor to perform the surgery. Why not treat this like any other item that one wants while in prison? Each inmate has an account to buy toothpaste, gum and other items from the prison store. Money is put into this account by family or is earned by doing tasks within prison. The solution is to have a dollar figure placed on this procedure and when the money is in his "bank", he can pay for the surgery himself. "

what next wrote on Jun 27, 2007 9:45 AM:

" This is insane! When he was able to take a life he became an animal and gave up his rights as a person. He deserves to suffer as a man. He could not function correctly in society why should he have special priveleges in prison. Why should he get to live happily ever after? He destroyed a family and a life what makes him special now? He gave up his rights. "

Through the nose wrote on Jun 27, 2007 9:33 AM:

" ...and yet there are people who have lived good lives for decades and they can't get the prescriptions they need. As far the 8th amendment violation goes - if being a woman in a man's body is punishment, it was not inflicted by the Commonwealth. He can take that up with God. Among the other things he and God will be discussing... "

unbelievable wrote on Jun 27, 2007 8:55 AM:

" This person should have thought about his freedom to have a sex change prior to murdering his wife. Private insurance doesn't cover simple elective surgeries, let alone such a bizarre one. This person probably realized he could get the state to fight for him and pay all legal and medical costs if he was in prison. Perhaps this is why this twisted individual landed himself there. A prisoners rights should be limited to basic necessities like food & water, a roof over their head and typical medical coverage. I'm not buying that this is a necessary surgery. No way should prisoners have elective surgeries at the tax payer's expense!!! "

If it's deviant... wrote on Jun 27, 2007 8:37 AM:

" ...it's in the Sun Chronicle. "


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