Wednesday, September 5, 2012

He Said/She Said

Interesting stuff going on here in MA.

Convicted killer Michelle Kosilek, who at one time was Robert Kosliek, an MCI Norfolk inmate serving life for the 1992 strangling of his wife and disposing of her body in a North Attleboro mall, has spent many years waging a legal battle with the state to pay for a sex change operation. Kosilek's doctors have diagnosed the inmate with gender-identity disorder and say that his "mental illness" has caused him to attempt suicide and self castration. Those same doctors have prescribed gender reassignment surgery.

Yesterday, Kosilek scored a victory when US District Judge Mark Wolf ruled  that denying the surgery violates his Eight Amendment rights against cruel and unusual punishment and his/her right to adequate medical care.

"She really appreciates the careful consideration of the court and the respectful decision," said Kosilek attorney Frances S. Cohen.

But there are those who don't share in that appreciation.

State Senate Minority Leader Bruce Tarr said following the controversial ruling that it sets a bad precedent for future cases and is, "well beyond the scope of reason, and an unjustifiable expansion of the requirements of the Eight Amendment." Senator Scott Brown was more to the point calling it "an outrageous waste of taxpayers dollars." 

So the question lies in what constitutes "cruel and unusual punishment". Is it cruel to expect an inmate to serve his/her time trapped in the body of someone they are not? Or unusual for a "woman" to serve her time in the "male" inmate population when a 2009 University of California, Irvine study found that a transgendered inmate is 13 times more likely to be sexually assaulted.? Yet is it cruel and unusual to deny proper medical treatment to any inmate; transgendered or not?

Yesterday Kosilek scored a legal victory but I'm thinking this war is not over. Wether he gets his surgery or not,  20 years ago his wife Cheryl had no legal recourse when he chose to end her life. There was no appeal to Kosilek's ruling that he was going to kill her. No "careful consideration" to strangling her and dumping her body in a mall.

And all because he chose to utilize cruel and unusual punishment and murder her.


Dr Zibbs said...

What has become of this country?

Anonymous said...

That's a demacrap for ya.

Heff said...

I hear Chaz Bono is single.....

TWANG!! Heff releases Cupid's most crooked arrow for a Hail-Mary Bull's Eye shot attempt....

Scope said...

I'm just waiting for Michelle Kosliek to state that she is not longer Robert Kosliek, and should be set free.

the walking man said...

BAMA:Chief Judge Wolf, Mark L

Federal Judicial Service
Judge, U. S. District Court, District of Massachusetts, Chief Judge, 2006 - present.

Nominated by RONALD REAGAN on March 8, 1985, to a new seat created by 98 Stat. 333; Confirmed by the Senate on April 3, 1985, and received commission on April 4, 1985.

Well that is Rethuglican justice for you.

Cruel and unusual punishment is not forcing an inmate to remain in the same physical state of being they were initially incarcerated in.

Is there proof this inmate has been sexually assaulted above the MA penal system average? If so the normal course of events in MI would be to move him to top lock segregation for his own safety.

But first one has to determine were the sexual assaults actually assaults or were they welcome sexual trysts? Which also would put this inmate and his lover in a top lock situation but for a limited time.

This inmate may feel feminine but it would seem to me that the state has no compelling reason to turn this gay man's body into s female's body unless his chromosome make up is not xy (male) but rather xx(female).

If this felon is carrying xy chromosomes the only thing the state may possibly owe him under his expanded 8th amendment rights is therapy which is available in almost every publicly run prison in the country.

MarkD60 said...

Taxpayers shouldn't have to pay for that crap. It's cosmetic surgery and unnecessary for the health of the inmate.