Prison Head Opposes Sex-Change Surgery for Inmate

By CBS 3 Springfield News

BOSTON (AP) - The commissioner of the state's prison system says
allowing a convicted killer to get a sex-change operation would
pose "insurmountable" safety and security problems.

Department of Correction Commissioner Harold Clarke outlined his
opposition to the surgery for inmate Michelle Kosilek in court
papers filed this week, closely mirroring arguments made by his
predecessor, former DOC Commissioner Kathleen Dennehy.

Clarke, who took over the department in November, said allowing
the surgery could make Kosilek a target for assault by other
inmates. He said prison officials also have concerns that Kosilek -
who is serving a life sentence without parole - could try to escape
if she is taken out of state for the surgery.

Kosilek, 58, sued the DOC in 2000, claiming that the agency's
refusal to allow the state-funded surgery violated her Eighth
Amendment right against cruel and unusual punishment.

U.S. District Judge Mark Wolf ruled in 2002 that prison
officials had failed to adequately treat Kosilek's gender-identity
disorder, but did not order surgery. Wolf found that Kosilek had
not shown that the correction commissioner had shown "deliberate
indifference" to her medical needs.

Kosilek sued again in 2005, saying the hormone treatments, laser
hair removal and psychotherapy she has received have not been
enough to relieve her anxiety and depression.

In a three-page statement filed in court, Clarke said he does
not doubt Kosilek's belief that the surgery could reduce her
anxiety.

"However, based on my review of the designated trial testimony
and my many years of experience as a corrections professional, I
believe that the safety and security concerns presented by the
prospect of undertaking sex reassignment surgery for Michelle
Kosilek are insurmountable," Clarke said.

Wolf has heard testimony from at least eight experts on whether
the surgery is "medically necessary" for Kosilek, who was born a
man, Robert, but legally changed his name to Michelle in 1993 and
has been living as a woman in an all-male prison in Norfolk. Robert
Kosilek was sentenced to life in prison for murdering his wife,
Cheryl, in 1990.

Clarke, who told reporters last month that he would re-examine
Kosilek's case, is scheduled to testify in the case Monday.

Kosilek's lawyer, Frances Cohen, declined to comment on Clarke's
opposition.

"We'll explore it in court next week," she said.

Diane Wiffin, a spokeswoman for the DOC, also declined comment.
"The commissioner's brief speaks for itself," she said.

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