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Lisa Bul / AP
In this Jan. 15, 1993, file photo, Robert Kosilek, aka Michelle Kosilek, sits in Bristol County Superior Court, in New Bedford, Mass. The convicted killer is suing the state of Massachusetts for the right to have a sex-change operation.
A federal judge on Tuesday put on hold his order calling for Massachusetts to pay for a convicted murderer's sex-change operation, allowing time for the state to appeal.
The case involves a convicted wife-killer serving a life term who has legally changed his name to Michelle Kosilek. He sued the state Department of Corrections 12 years ago to force it to provide gender reassignment surgery.
U.S. District Judge Mark Wolf in Boston ruled in September that Kosilek must be allowed the surgery at state taxpayers’ expense, although that order did not set a deadline and left it to the state to determine who would perform the operation and where it would be performed.
On Tuesday, Wolf agreed to stay his order, which he has called “unpopular and misunderstood,” until the state’s appeal of the operation is decided. Wolf also rejected a request for electrolysis treatment for Kosilek, saying that would have to come as part of a new case, the Boston Globe reported.
The plaintiff, born Robert Kosilek, has suffered from gender identity disorder since childhood, according to court papers. He married Cheryl, a counselor he met while in drug rehabilitation, but strangled her in 1990 when she caught him wearing her clothes. He dumped her body in a car at a mall in North Attleborough, Mass., and fled to New York state before being arrested, according to court records.
Kosilek was convicted of murder in 1992 and sentenced to life in prison without possibility of parole. He has received hormone treatments and lives as a woman in an all-male prison.
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Wolf has used male pronouns to refer to Kosilek throughout the court proceedings.
The judge ruled in September that the state had violated Kosilek's Eighth Amendment right against cruel and unusual punishment by denying him the sex-change surgery. Corrections Department medical personnel had recommended the surgery, saying it was medically necessary to treat his gender identity disorder.
Wolf remarked in his September decision that Kosilek is “a man who truly believes that he is a female cruelly trapped in a male body.”
The state has appealed the September ruling to the U.S. Court of Appeals.
Reuters and The Associated Press contributed to this report.
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Leave a Comment:
Cut his dick off and shoot him in the head
Oh, and he forgot...DEAD WRONG. This is not at all "necessary". He will not die without it. Taxpayers should not foot the bill for this BS.
Pained1...
Short, sweet, and to the point!
Just because you believe something doesn't make it so. I believe I deserve to win the lotto, I sure haven't sued the state because I believe it to be true and it's cruel to keep selling me losing tickets. he was born male. Don't waste taxpayer money to give him surgery. Instead, pump him full of meds to fix the PSYCHOLOGICAL problem. The issues isn't that he's the wrong gender. The problem is he's crazy. Even if they cut his natural pair off, he's still going to be nuts, just not have them.
By the way, the 8th amendment is to protect against the GOVERNMENT treating you cruelly or unusually. The law protects them from whipping you or beating you. That's about the extent of it. If you think nature, god, etc treated you cruelly, that's your problem. Not the taxpayer's problem.
And this is our justice system at work. How screwed up can we really get?
This is what is wrong with our country and society in a nut shell!!! the inmates are running the instatution!!!!!!
You mean this isn't covered under odumbacare???
This is absurd. He killed his wife and is in jail and they want the state to pay for a sex change operation? Any idea just how unbelievably expensive that is? He's in jail! He should get nothing aside from what is provided for felons in jail, and that's it. Let the man suffer - he's a murderer!
SOMEBODY has got to get serious about prison reform.
Prisoners should NOT be allowed conjugal visits, video games, cable or satellite tv, free college degrees, or ridiculous expensive unnecessary surgeries.
Even the idea of such a thing as a sex-change operation for an inmate is outrageous!
Got a chainsaw, just send him over wont take but a minute to cure what ails him.
even as "liberal" as I am, I wonder why the public should pay for either the addacracktome or addadicktome operations. The money can be better spent elsewhere
YO - gloria (1.9) - you a candidate for the addadicktome procedure? Or do you just like sucking
I thought prison was for punishment not a baby sitter. And why are judges making up rights?
Put all the murderers, rapist and child molesters in a uniform and send them overseas to fight the front lines. Then we will see how brave they are, too, it will cut down on the over population in the prison system and bring some of the decent soilders home. As for this guy, why should the hard working tax payers of America have to pay for some freaks sex change operation, isn't feeding, clothing, medical and dental enough? Most Americans don't have insurance because they can't afford it and can't get help from the government when they do get sick, is there something wrong with this picture?
Judge Wolf is a boon to my state and a worthless POS. I still can't believe that my tax dollars are going to pay for the sex change operation for a man who MURDERED his wife. Yet I, never having been arrested, am still paying my own chemotherapy bills. Shoot this trash in the head and get that clown Wolfe off the bench.
would you want to be their commander?
Since when do prisoners get elective cosmetic surgery? If this killer gets what he wants this time, next he'll want plastic surgery to make him look female, and more to try and make him an attractive female (THAT is impossible). Then maybe a tummy tuck and some lipo, how about a eyebrow raise too? If HE wants elective surgery, let him figure out a way to pay for it just like the millions of us who haven't killed anyone. Or maybe the judge can just pay for it!
yea this is ridicoulas i can not even get medicaid and i am a severe diabetic, and have chronic pain and i can not get any kind of help from the state. and this man committed murder and wants the state to pay for his surgery..... he needs to accept the fact he is a man if god wanted him to be a woman he would have been born a woman
Will a carton of smokes still get someone to shank his ass.and if so ill pitchin a carton of camels.
The real issue is not address because our homophobic society is in denial about what happens in prison. This individual needs counseling, but not surgery. If society had the resources to provide him such benefit, then surely all the innocent people who suffer for lack of health care should be served first. Babies, children and pregnant mothers should all have priority access to health care. Then, working people who are contributing to society and paying their taxes should get health care.
About one prisoner out of twenty is probably innocent, in some states as high as one in ten. One out of three is non-violent and are mixed in with the really bad ones to their peril. These innocent people are subjected to beatings, rape and even murder at the hand of real criminals.
When a judge sentences anyone to a year or more of "hard time" it is almost a certainty that person is going to be repeatedly raped. Convicted murderers and sex criminals might deserve some of that, but non-violent offenders should be protected from the prison gangs that buy and sell slaves every day.
So, laugh at this person's request and deny him the money, that is fair. But someday, we need to do better for the prisoners who can (and should be) rehabilitated.
well maybe we all can sue because I believe it's detremental to all those in my family not to have a college education paid for OHHHH wait I forgot my family hasn't murdered any body or isn't locked up so Guess we aren't entitled to have free medical etc.
@sic-n-tired
Even cheaper to just put in a bullet in him/her/it
i'll put a bullet in the guy's head for free college ;)
BULL@!$%#. Why should the taxpayer's pay for this?
Wow!! A sliver of common sense from the bench - - especially for Mass.!!!
I believe sex reassignment surgery is allowed under Obamacare.
I live in Massachusetts, and most of the people I've spoken to were almost as outraged as anybody from the heart of the Bible belt.
Personally, I've no objections to somebody deciding to undergo a sex change operation. It seems weird, but it is their body; let them do as they wish with it ...at their own expense.
But there is no way in any rational world that a convicted murderer is entitled to such an operation at state expense. The Federal Judge who rendered this decision must have a half-dozen screws loose upstairs.
I hope (and expect) that the ruling is overturned on appeal.
...as the Witch of the West, said, "What a world!".
I don't get it. I JUST DON'T GET IT! WHY was this ever approved in the first place?!?
We cage them like animals and expect them to be rehabilitated? Either go all out, once, to correct their problem, or just give it up and let them rot. A jury has found them guilty and their rights are forfeit.
I think I'm God so will you please bow down to me! Horses**t! I don't care what he thinks he is, he is a convicted murderer with no right to anything. Otherwise, we owe all the homeless a place to stay and all the hungry some food. After all, what did they do? They are innocent, so we can neglect them? Laws are made up of words. Justice is a common sense interpretation of those words.
uh, soft dude.
The term "rehabilitation" refers to efforts to correct behavior so that an inmate can be re-integrated at some point, into society.
LWOP (life without possibility) is not to rehabilitate, because he is not going to re-enter society.
LWOP is solely used to PUNISH and protect society - big difference.
softdude, the guy is a murderer, not a juvenile delinquent. We are not looking to rehabilitate him. We are looking to cage him, like an animal, which he is, as punishment and for our own protection.
Get that so called Judge OFF the bench. The guy is doing life for Murder and we have to grant his wishes?? Has the court system gone Crazy?? Answer is YES.
Scotus material.......?
Boo fricken Hoo... He cruelly trapped a woman's body in a grave forever... Leave him hangin! He can whack it off himself!
Don't care....Kill the son of a bitch.... taxpayers paying for sexual reassignment... He can go to hell...
A gender Alignment disorder did not create this monster and it will not fix this monster. If he wants a gender changing operation, then let his fellow inmates do it for free. It should not be done with state or federal money - if it was a life saving operation, perhaps, but not something like that. Next thing you know you will have the prison b!tch suing to have breast augmentation so he can make more money.
Why is this being entertained??? This guy is being allowed to take up the courts time, and money for his own
bulls$%@. WHY??? Place him in general and let bubba deal with him.
A big "Thank You" to all the people that opposed surgery for this man. No tax payer should have to pay for this elective surgery or any elective surgery for prisoners!
I cannot believe the court found that it constitutes cruel and unusual punishment to be denied ELECTIVE surgery!
WTF is the court thinking? If this MAN was out of prison, the state wouldn't have to pay for the surgery, he would have to save his pennies and pay for it himself. Here's the other thing, the GUY is in prison for the rest of his life without the possibility of parole. He's not getting out, ever. So, why are they even concerned with rehabilitation? He's in jail for punishment, not rehab.
Give him a razor blade and a needle and thread. He can cut his own junk off.
come on now , i can't for the life of me except these koo koos out there comparing this situation with the oppressions of slavery and the civil right movement. matter a fact , i'm pissed off about it , and refuse to back this fool. come on legal system , IT'S ALL RIGHT TO THINK OUTSIDE OF THE BOX. those doctors will make money , and if it's botched , AMERICA WILL BE SUED WITH THOSE DOCTORS. and exactly who will he test his vagina out with , THE GUARDS ????? !!!!!!!!!!!!! why can't congress get together and band these kind of surgeries for any prisoner ??? !!!!! if they would like to pick up there approval rating , '' VIOLA '' !!!!!!
Tax payer funded?? No way.
What an entitlement society we have become. Once, the death penalty was argued as cruel and unusual. Now it is cruel and unusual to not cut a man's dick of if he chooses.
I say we re-set the last thirty or forty years and give him the death penalty and see if he changes his tune. My guess is that he would be screaming at the top of his lungs that the death penalty was cruel and unusual. Though in a very deep voice.
If the judge thinks this is something needed to help this prisoner, let him pay for it. Taxpayers should not have to fork out hard earned cash for something that any of them would have to pay for themselves. I can see keeping the prisoner healthy, but this is something outside of regular healthcare that shouldn't even be considered.
Next thing you know we will have prisons full of people who want elective surgeries but can't pay for them; they'll do something stupid to end up in prison so the gov't can accomodate their wishes. This case will then be cited as precedent for all of them to get what they want. Stop it before it starts...
Exactly! It won't be too long before some dude tries to get thrown in prison just to get a free sex change
Turn him in with the boys if he wants to be a girl
It obviously wont stop there he's already requesting additional procedures. So now what? If you're a male in prison you can have a sex change and get moved to a female prison? He was born male, that's what he is.
If this gets approved, any judge who didn't throw it out of court should have to pay for it out of his/her retirement. This is beyond ridiculous.
I'm sick and tired of this country bending over backwards for everyone's "feelings"
problem may be which direction he/she wants to bend over. since i am getting ready to retire i would tell that judge, its cruel and unusual punishment to live in a state that forces taxpayers to pay for that kind of elective surgury> can the judge order the state to pay for my move to a state that does not believe in crap like that?
P.S This PC shi--y web site removed all the capital letters. The web operators probably would approve payment for the killers surgury.
And this will be the World according to the liberals. Has anyone seen the neighborhood in San Fran where it's legal to walk around naked? Don't know about you guys but can't even get into a store in this neck of the woods without a shirt or shoes! Oh if only our Fathers and Grandfathers were alive today to see the Country they fought and died for.
And the coastal states wonder why the Midwestern states want to secede from the union. On the West Coast you have to have a law to keep people from wondering the streets completely naked, and on the East Coast a judge feels it necessary to pay for a CONVICTED MURDERER to have a sex change. Thank God I live where common sense reigns.
come on now , i can't for the life of me except these koo koos out there comparing this situation with the oppressions of slavery and the civil right movement. matter a fact , i'm pissed off about it , and refuse to back this fool. come on legal system , IT'S ALL RIGHT TO THINK OUTSIDE OF THE BOX. those doctors will make money , and if it's botched , AMERICA WILL BE SUED WITH THOSE DOCTORS. and exactly who will he test his vagina out with , THE GUARDS ????? !!!!!!!!!!!!! why can't congress get together and band these kind of surgeries for any prisoner ??? !!!!! if they would like to pick up there approval rating , '' VIOLA '' !!!!!!
We got it the first time.
I'd chop it off for free, with pleasure.
False analogies are finding too many Americans and sticking. I would have him get the paid operation but let the victim's family choose what the change is to.
"He has received hormone treatments and lives as a woman in an all-male prison."
In other words, She/He lives in Paradise.
how about we, the tax payer pay for a one way plane ticket to Iran or Iraq for this dude. Just drop him on a ramdon street..They will "reassign" him from the inside out....cheaper too.
Things like this are just another example of why America is finished.
He murdered someone, just shoot him. It solves his problem too he won't be trapped cruelly in the wrong body anymore.
There are people dying of cancer/other diseases and no one will help them... but this sicko gets a tax payer sex charge???? This is how you know our nation is on the really really really bad path!
Have no fear - Obamacare is here !