468:
sex reassignment surgery to inmates. Wolf ordered the DOC to provide
Kosilek with the surgery. In October 2012, Judge Wolf ordered the DOC to hire an independent expert to determine whether electrolysis was a necessary part of Kosilek's treatment for gender dysphoria. Judge Wolf announced in December that, pending the outcome of the case on appeal, he was prepared to require the state to reimburse Koselek's attorneys for their work on the case, estimated at more than $ 700,000. Kosilek's attorneys offered to forgo that payment if the state would cover the cost of Kosilek's surgery and forgo its appeal.
370:
exhibit mannerisms and behavior considered to be female or that he may be referred to by female pronouns." At trial, Kosilek's attorney did not dispute that
Kosilek strangled McCaul, but said Kosilek had no memory of the events because of a four-day blackout that began shortly before the killing. She said: "My client now believes, though has no memory of this, that must have been the one to use that wire in self defense." The prosecution described how Kosilek hid McCaul's body, tried to disguise McCaul's death as "a sex crime", and fled to New York.
336:. Police observed Kosilek in the driver's seat, dressed in women's clothing, having crashed into a stop sign and some bushes. The officer administered field sobriety tests, determined that Kosilek was not intoxicated, and called her a cab. On May 24, while being stopped for speeding, Kosilek asked the officer for psychiatric services, and was transported to the
288:, leading McCaul to throw boiling tea at Kosilek's face, causing Kosilek to knock McCaul down. Kosilek said that McCaul then grabbed a butcher's knife and chased Kosilek into another room, threatening to kill her. Kosilek said she picked up a piece of wire that had been on a table, and that the next thing he remembered was awakening, days later, in the
181:, to her mother. Her stepfather became infuriated by this, broke a window in a rage and stabbed Kosilek with a broken piece of glass before her mother beat him with a frying pan. She eventually ran away from home as a teenager, simultaneously dropping out of high school. While living on the streets, Kosilek developed an addiction to
404:, a medium security female prison. Kosilek has been diagnosed with gender dysphoria and identifies as female. While in prison, Kosilek has presented herself as a woman, as one court decision later said, "to the maximum extent possible", and had her first and middle names legally changed to Michelle Lynne.
467:
by denying sex reassignment surgery, noting that former
Corrections Commissioner Kathleen Dennehy had engaged in "pretense, pretext, and prevarication" to deny the treatment. He wrote that Dennehy had "testified untruthfully on many matters" while supporting legislation to prevent him from providing
377:
Kosilek's step-son, Timothy, who was 15 years old at the time of the murder, testified that that evening, Kosilek had cooked steak for their dinner, and that they had talked about everyday things. Timothy also stated that
Kosilek shaved off her beard on the day of the killing, the first time she had
328:
Kosilek was twice taken in for questioning, once that day, and once on Monday, May 21. During this second visit, the police informed
Kosilek that she was a suspect in the murder, and that they, the police, had spoken with Kosilek's son. Kosilek informed the police that she was going to get a lawyer,
324:
That evening, Kosilek called the North
Attleborough police department, stated that wife Cheryl had not come home that evening, and asked whether there had been any report of a car accident in which she might have been involved. The police told Kosilek that they had found Cheryl's car, and they asked
543:
said that denying the medical care in question did not violate
Kosilek's Eighth Amendment rights because it did not "fall below society's minimum standards of decency" and "illustrate{d} neither an intent to harm nor the obstinate and unwarranted application of clearly imprudent care". However, the
369:
The trial began on
January 14, 1993, with jury selection at which no potential juror expressed any difficulty with the judge's statement that "the defendant is physically a male but may emotionally and psychologically be a female, and will be wearing what may be described as female clothing and may
360:
Kosilek was indicted for murder on May 30, 1990. After unsuccessfully contesting her extradition from New York where she had been apprehended, she pleaded not guilty on
October 3 and was ordered held without bail. In November 1992, while awaiting trial, she ran a write-in campaign for the office of
515:
noted that cost was not the issue, since the cost of the surgery would be offset by the lesser expense of housing
Kosilek in a women's prison and avoid the costs associated with Kosilek's attacks on his own body. It nevertheless thought that sex reassignment surgery was "medical attention that is
264:
facility for addiction treatment in 1983, where Kosilek met Cheryl McCaul, who was working there as a volunteer counselor. McCaul was a divorcee with two children and believed that if she were to marry Kosilek, that Kosilek would identify as a man; Kosilek recalled McCaul saying that all Kosilek
365:
after unsuccessfully suing the current sheriff for violations of her civil rights by "the denial of medically prescribed treatment for ... gender dysphoria." Also while awaiting trial, she took female hormones in the form of birth control pills, twice attempted suicide, and once attempted
491:
both objected to the use of "taxpayer dollars" for Kosilek's surgery. Relatives of Cheryl McCaul objected to the court-ordered surgery and one cousin suggested it would lead someone unable to afford such surgery to commit murder in order to receive it at government expense.
177:. Their mother returned to take them back in 1949, from which point on, starting at age ten, Kosilek was repeatedly raped by her maternal grandfather and began abusing alcohol. On one occasion, Kosilek showed her breasts, which were swollen due to
197:. As a young adult, she worked several jobs, including as a dishwasher, a truck driver, a garbage collector, a construction worker, a furniture restorer, a warehouse manager, a packer at a condiment factory and a school bus driver. as well as a
316:, after the mall had closed for the night. McCaul's body was nude, and she had died by strangulation. Kosilek had strangled her with a rope and with a piece of piano wire, pulling so tightly that McCaul was nearly decapitated.
244:. Kosilek later said that, while she was on hormone therapy, she "felt normal" for the first time in her life. Kosilek also took hormones for several months in 1971 and 1972, but abruptly stopped each time, first after she was
373:
During the court proceedings, a cab driver testified that he had picked up Kosilek from that same mall, on that same afternoon, and had driven her to a store located about half a mile from her house in Mansfield.
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full First Circuit Court ruled against Kosilek 3–2 in December 2014. Later, in 2015, the Supreme Court chose not to hear the appeal, and by doing so rejected Kosilek's request for sex reassignment surgery.
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From 1967 to 1968, starting when Kosilek was about 18 years old, a doctor allegedly exploited Kosilek's difficulty in obtaining medical treatment for her gender dysphoria by providing
129:. Kosilek was convicted of the 1990 murder of wife Cheryl McCaul and sentenced to life in prison. While incarcerated, Kosilek has become controversially known for repeatedly suing the
483:
himself as a woman, and that should be honored by the prison system" but he thought that Kosilek's advocates were wrong to describe his case "as a general trans issue". U.S. Senator
1733:
1236:
110:
1723:
539:, said that Kosilek's Eighth Amendment rights included "receiving medically necessary treatment ... even if that treatment strikes some as odd or unorthodox". In dissent Judge
528:
1449:
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by fellow inmates while serving time for drug possession and robbery, and the second time when she was assaulted at a gay bar by two patrons, who disagreed with her plans to
414:
505:
said that Wolf's decision made a persuasive case that the surgery was "medically necessary, not an elective procedure", however "distasteful". The paper had also stopped
292:
of a hospital. Kosilek gave a series of recorded interviews to a reporter in October 1992. Kosilek stated that she "probably, because of the trauma of it ... went into a
501:
had opposed Kosilek's surgery because "rivate insurers rarely pay for sex-change operations" and "hormone treatment and expert therapy" are "sufficient". In 2012, the
520:
do not cover it. It offered the "generally recognized standard of insurance coverage" as the standard to be used in providing medical services to the incarcerated.
269:. They were married in 1984, but Kosilek's female gender identity did not change. Kosilek later commented that she believes that she had been "seduced" by McCaul.
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531:, which heard arguments on April 2, 2013. On January 17, 2014, a three-judge panel of that Court ruled 2–1 for Kosilek. The majority, Judges
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For the murder of McCaul, Kosilek was convicted of first degree murder and sentenced to life in prison without the possibility of parole.
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On May 20, 1990, Cheryl McCaul's body was discovered in the back seat of her car. Her car was found in the parking lot of the
281:, and discovered Kosilek wearing McCaul's clothing. Kosilek claimed that the female clothing of Kosilek stirred McCaul with
362:
1183:"Judge: State must pay more than $ 700,000 in legal fees to attorneys of convicted murderer who wants sex change surgery"
453:
297:
277:
Kosilek murdered McCaul in May, 1990. On the day of the murder, McCaul had returned home to the couple's condominium in
218:
1182:
418:
901:"Police say Kosilek sober at interview Defendant contends he can't recall slaying because of the influence of drugs"
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In 2000, Kosilek sued the Massachusetts Department of Corrections (MDOC), claiming "violation of rights" under the
349:
397:
1107:
517:
484:
449:
278:
1396:
1506:
536:
1613:
James Phillips, "Gender Identity Disorder in Prison: Depending on a Diagnosis That Is Soon to Disappear?",
296:
at that moment." while committing the murder, adding: "Apparently, I did take her life. It was probably in
1683:
736:
333:
1346:"Relative of woman killed by Michelle Kosilek blasts judge for making state pay for sex-change operation"
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575:
464:
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ruled on August 8, 1996, that the trial judge's errors were insufficient to overturn the conviction.
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622:
261:
226:
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1237:"Barney Frank Backing Appeal of Ruling Requiring Sex-Reassignment Surgery for Transgender Inmate"
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313:
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Kosilek to come to the police station. Kosilek agreed, requesting that an officer pick her up.
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665:
540:
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above and beyond the community standard of care", noting that private insurance companies and
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Later that evening, on May 22, 1990, shortly after midnight, Kosilek crashed her car in
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In January 2012, Kosilek self-published an autobiography while serving time in prison,
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Kosilek by her birth name "Robert" and adopted feminine pronouns. An editorial in the
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765:
570:
565:
476:
422:
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1397:"Free sex change for prisoner Michelle Kosilek is distasteful but legally warranted"
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472:
432:
178:
138:
1481:"Mass. appeals court upholds inmate's right to taxpayer-funded sex change surgery"
954:"Taxpayers must fund wife-killer's legal battle as well as sex change, says judge"
1604:
Nathaniel Penn, "Should This Inmate Get a State-Financed Sex Change Operation?",
479:
to appeal Wolf's decision. He said "I think it should be clear he has a right to
431:
In 2009, Kosilek lost her eighth lawsuit, attempting to force the DOC to provide
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1319:"Murder victim's family speaks out against husband's taxpayer-funded sex change"
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778:
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86:
1479:
Finucane, Martin; Ellement, John R.; Valencia, Milton J. (January 17, 2014).
669:
1622:
Jennifer Levi "Transgender Exceptionalism Should Not Cloud Legal Analysis,"
1553:"US Supreme Court: No state funding of sex-change operation - CSMonitor.com"
599:"Michelle Kosilek Speaks to Boston Spirit Magazine | Boston Spirit Magazine"
245:
1000:
186:
154:
126:
1209:"Court orders $ 700,000 in legal fees for inmate's gender surgery fight"
448:
In May 2006, Kosilek sued the DOC, arguing that its refusal to provide
150:
182:
161:
mother, while their father was serving a lengthy prison sentence for
1083:"Is Denying Treatment to Transsexual Inmates 'Cruel and Unusual'?"
523:
The DOC appealed Wolf's decision about sex reassignment surgery,
834:"Judge quizzes murder trial jurors on defendant clad as a woman"
206:
157:. In 1952, Kosilek and her older sister were abandoned by their
658:"Should This Inmate Get a State-Financed Sex Change Operation?"
1532:"Court denies inmate's sex-change surgery - the Boston Globe"
1294:"Elizabeth Warren disagrees with judge's sex-change ruling"
727: (District Court D, Massachusetts August 28, 2002).
1053:"Wife-killer denied jailhouse electrolysis for time being"
1719:
Prisoners sentenced to life imprisonment by Massachusetts
695:"Sex-change operation for Robert Kosilek would be humane"
428:
Kosilek briefly received electrolysis treatments in 2008.
1135:"Sex-change surgery for prison inmate granted by judge"
1450:"Appeals court hears Michelle Kosilek sex change case"
165:. The siblings were raised in an orphanage run by the
805:"Mansfield Man Pleads Guilty in Wife's Strangulation"
173:, where Kosilek was reportedly punished by staff for
402:
Massachusetts Correctional Institution at Framingham
1507:"Appeals Court Upholds Sex Change For Mass. Inmate"
1108:"Mass. inmate sex-change ruling praised, condemned"
260:After relapsing into drug abuse, Kosilek entered a
133:(MDOC) for not providing medical treatment for her
106:
96:
84:
72:
64:
52:
30:
23:
1664:, First Circuit Court of Appeals, January 17, 2014
861:, First Circuit Court of Appeals, January 17, 2014
1699:American prisoners sentenced to life imprisonment
1156:"Prisoner Michelle Kosilek requests electrolysis"
1001:"Convicted killer sues state for free sex change"
111:Massachusetts Correctional Institution at Norfolk
1268:"Judge Orders Sex-Change Operation for Prisoner"
217:According to Kosilek, while she had experienced
344:hospital, and subsequently was brought back to
125:(born April 10, 1949) is an American convicted
417:. Kosilek won that suit in 2002 and obtained
8:
1734:Cruel and Unusual Punishment Clause case law
185:and resorted to earning money by committing
1724:People convicted of murder by Massachusetts
779:"Kosilek to be Brought from N.Y. for Trial"
748:Kosilek v. Spencer – 8th Amendment decision
463:ruled that the MDOC had violated Kosilek's
459:On September 4, 2012, U.S. District Judge
300:". McCaul was 36 years old when she died.
20:
1181:Valencia, Milton J. (December 19, 2012).
875:"Man says he killed wife in self-defense"
827:
825:
688:
686:
623:"Kosilek v. Maloney, 221 F. Supp. 2d 156"
1574:Kosilek, Michelle Lynne (January 2012).
1344:Ellement, John R. (September 7, 2012).
1292:Levenson, Michael (September 7, 2012).
995:
993:
586:
131:Massachusetts Department of Correction
693:Crisp, John M. (September 12, 2012).
7:
1505:Ngowi, Rodrique (January 17, 2014).
1266:Palazzolo, Joe (September 4, 2012).
1207:Schulzke, Eric (December 20, 2012).
656:Penn, Nathaniel (October 30, 2013).
651:
649:
647:
645:
643:
617:
615:
592:
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386:Massachusetts Supreme Judicial Court
205:, before being discharged for going
1694:American people convicted of murder
1649:, District Court, September 4, 2012
1448:Naughton, Michael (April 2, 2013).
1026:Weir, Richard (November 20, 2012).
978:, District Court, September 4, 2012
475:supported the decision of Governor
1028:"Con's sex-change surgery stopped"
930:"Wife murderer loses SJC appeal".
392:Incarceration and medical lawsuits
225:after seeing a magazine featuring
76:Cheryl McCaul (m. 1983; died 1990)
14:
1641:, District Court, August 28, 2002
1551:Pratt, Mark (December 16, 2014).
1423:"Sex change at taxpayer expense?"
873:Coakley, Tom (January 16, 1993).
832:Coakley, Tom (January 15, 1993).
56:Lawsuits to obtain treatment for
1235:Snow, Justin (October 1, 2012).
1133:Huus, Kari (September 4, 2012).
899:Borg, Linda (January 20, 1990).
803:Coakley, Tom (October 4, 1990).
229:, the first American to undergo
101:Life imprisonment without parole
597:Lopata, James (March 1, 2014).
487:and his 2012 election opponent
256:Relationship with Cheryl McCaul
956:. Fox News. September 17, 2012
529:First Circuit Court of Appeals
456:" under the Eighth Amendment.
221:, she developed the desire to
1:
777:Ray, Richard (June 1, 1990).
219:dysphoria since she was three
863:, retrieved February 8, 2014
495:In 2006, the editors of the
454:cruel and unusual punishment
378:done so in at least a year.
1729:United States Army soldiers
987:, accessed February 8, 2014
419:hormone replacement therapy
396:Kosilek is incarcerated in
1750:
1704:LGBTQ people from Illinois
1689:American transgender women
1654:November 13, 2012, at the
1371:"Set limits on sex change"
983:November 13, 2012, at the
753:November 13, 2012, at the
350:Massachusetts State Police
1714:Intimate partner violence
725:221 F.Supp.2d 158
398:Framingham, Massachusetts
267:needed was "a good woman"
116:
80:
1709:American torture victims
766:Commonwealth vs. Kosilek
450:sex reassignment surgery
444:Sex reassignment surgery
320:Investigation and arrest
279:Mansfield, Massachusetts
231:gender-affirming surgery
537:William J. Kayatta, Jr.
273:Murder of Cheryl McCaul
363:Bristol County Sheriff
123:Michelle Lynne Kosilek
25:Michelle Lynne Kosilek
1081:(September 7, 2012).
576:LGBT people in prison
465:constitutional rights
304:Discovery of the body
1617:, September 28, 2012
1429:. September 13, 2012
533:O. Rogeriee Thompson
356:Trial and conviction
250:transition to female
213:Transgender identity
209:and cross-dressing.
149:Kosilek was born in
1460:on February 1, 2014
1403:. September 9, 2012
1325:. September 5, 2012
1272:Wall Street Journal
1247:on February 1, 2014
1114:. September 5, 2012
1059:. November 26, 2009
911:on January 18, 2014
310:Emerald Square Mall
262:drug rehabilitation
242:in exchange for sex
227:Christine Jorgensen
171:St. Hedwig’s Parish
1662:Kosilek v. Spencer
1647:Kosilek v. Spencer
1639:Kosilek v. Maloney
1626:, October 16, 2012
1608:, October 30, 2013
1598:Additional sources
1162:. October 25, 2012
976:Kosilek v. Spencer
934:. August 9, 1996.
905:Providence Journal
859:Kosilek v. Spencer
737:Kosilek v. Spencer
720:Kosilek v. Maloney
525:Kosilek v. Spencer
425:for her condition.
314:North Attleborough
195:child prostitution
193:, and engaging in
107:Imprisoned at
1615:Psychiatric Times
1587:978-1-46-603109-8
1555:. M.csmonitor.com
1427:Los Angeles Times
541:Juan R. Torruella
512:Los Angeles Times
366:self-castration.
120:
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60:, while in prison
45:Chicago, Illinois
16:American murderer
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554:Grace's Daughter
489:Elizabeth Warren
415:Eighth Amendment
338:psychiatric unit
290:psychiatric unit
135:gender dysphoria
97:Criminal penalty
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58:gender dysphoria
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1580:. Smashwords.
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814:February 8,
788:February 8,
704:January 17,
485:Scott Brown
437:facial hair
283:transphobic
191:shoplifting
1673:Categories
582:References
507:deadnaming
435:to remove
329:and left.
246:gang raped
223:transition
163:mail fraud
145:Early life
37:1949-04-10
940:290802387
670:0028-6583
527:, to the
461:Mark Wolf
400:, at the
203:U.S. Army
159:alcoholic
1652:Archived
1112:CBS News
1005:NBS News
981:Archived
936:ProQuest
751:Archived
560:See also
518:Medicare
408:Lawsuits
342:New York
294:blackout
187:burglary
155:Illinois
127:murderer
1516:July 4,
1220:July 4,
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675:July 4,
632:July 4,
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334:Bedford
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92:Murder
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