Mass. judge OKs taxpayer-funded sex change for murderer
MyFoxBoston: A federal judge on Tuesday ordered state prison officials to provide a taxpayer-funded sex-reassignment surgery to a transgender inmate serving life in prison for murder.
U.S. District Judge Mark Wolf ruled in the case of Michelle Kosilek, who was born as a man but has received hormone treatments and lives as a woman in an all-male prison. Robert Kosilek was convicted of murder in the killing of his wife in 1990.
Wolf is believed to be the first federal judge to order prison officials to provide the surgery for a transgender inmate.
Kosilek first sued the Massachusetts Department of Correction (DOC) 12 years ago. Two years later, Wolf ruled that Kosilek was entitled to treatment for gender-identity disorder, but stopped short of ordering surgery. Kosilek sued again in 2005, arguing that the surgery is a medical necessity.
“Everybody has the right to have their health care needs met, whether they are in prison or out on the streets,” Kosilek said. “People in the prisons who have bad hearts, hips or knees have surgery to repair those things. My medical needs are no less important or more important than the person in the cell next to me.”
In his ruling Tuesday, Wolf found that surgery is the “only adequate treatment” for Kosilek’s serious medical need. The court finds that there is no less intrusive means to correct the prolonged violation of Kosilek’s Eighth Amendment right to adequate medical care,” Wolf wrote in his 126-page ruling.
Prison officials have repeatedly cited security risks in the case, saying that allowing
her him to have the surgery would make her him a target for sexual assaults by other inmates.
But Wolf found that the DOC’s security concerns are “either pretextual or can be dealt with by the DOC.” He said it is up to prison officials to decide how and where to house Kosilek after the surgery.
I couldn’t find much on the murder victim, Cheryl Kosilek. On Bonnie’s Blog of Crime, it states, “All I could find was that they had a fight and he strangled her, put her body in her car and left her car in the parking lot of Emerald Square Mall“.
The judge’s ruling states, in part, “…that Kosilek is at high risk of serious harm if he does not receive sex reassignment surgery“.
She he is at high risk of suicide because of her his medical condition.
Too bad no one could have warned Cheryl that she was in high risk of
serious harm death by the hands of her husband.
It should be enough to keep this murderer alive and living tax-free for the rest of his life in tax-payer provided facilities. That’s more of a life than his dead wife Cheryl will ever have.
H/t FOTM’s Grouchy Fogie & moxielouise!
Contact info for Judge Mark Wolf, age 66:
Room 10, 5th fl.
1 Courthouse Way
U.S. District Court of Massachusetts
Boston, Massachusetts 02210
His courtroom clerk is Daniel Hohler:
This is what this POS of a judge looks like: