Massachusetts Taxpayers to Pay $700,000 to Attorney of Convicted Murderer Who Demands Sex Change Surgery


In 1990, Robert Kosilek strangled his wife Cheryl McCaul.  He was found guilty of murder and sentenced to life without parole.  In 2000, Kosilek demanded that the Massachusetts Department of Corrections pay for him to have a sex change operation since he had been diagnosed with gender identity disorder and thought of himself as female.  When they refused, he filed a lawsuit against them, claiming that they violated his Eighth Amendment rights.  The Eighth Amendment states:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

In 2002, the court ruled in Kosilek’s favor and ordered the prison system to provide hormone therapy and psychotherapy for his condition.  In 2006, Kosilek again sued the Massachusetts DOC for again violating his Eighth Amendment rights of cruel and unusual punishment by refusing to provide him a sex change operation.

US District Judge Mark Wolf ruled this past September that the prison system in fact did violate her constitutional rights and ordered the prison system to pay for his sex change surgery.  Now a federal judge has added insult to injury by awarding Kosilek’s attorney’s fees to be paid by the state.  They are currently trying to calculate how much those fees are, but current estimates place the amount over $700,000.

The Massachusetts DOC is still trying to appeal the court’s decision to provide Kosilek with sex change surgery.  Kosilek’s attorneys have said that they would forgo the fees if the DOC would drop their appeal and provide their client with the sex change operation he has requested.

Sorry if I sound a little harsh or cruel, but when someone commits a crime like murder and is sentenced to life with no parole, they give up most of their rights.  They are no longer free to pursue life, liberty and happiness.  Therefore, I don’t believe they have the right to demand any kind of elective procedures at the state’s expense.  The state prison system should provide the basic medical care necessary and no more.  If Kosilek was not in prison, he would have to pay for his surgery himself, so why should the Massachusetts taxpayers pay for it now?

If Massachusetts had the death penalty and carried it out, there wouldn’t have been this waste of court time and taxpayer expense in this case.  It also wouldn’t cost the taxpayers a fortune to care for them.  In 2009, there were 10,094 prisoners in the Massachusetts prisons at a cost of $1.2 billion.  That breaks down to $118,882 per prisoner.  Kosilek has already been in prison for 22 years which means that he has already cost the state at least $2 million.  It would have been so much cheaper to have bought $100 worth of chemicals or $1 worth of electricity or $20 for rope or bullets to carry out a death sentence with a convicted murderer deserves.  I guess the state of Massachusetts deserves a case like this since they don’t have the death penalty.







Comments

comments

Posted in Economy, Entitlements, Healthcare, Law, LIberalism, News Tagged with: , , , ,
  • kmilliorn

    It’s Massachussetts—the California of the East Coast!

  • chief1937

    How much more stupid can our court system get? Elective surgery is NOT covered under any insurance policy that I know about so why should the state be forced to pay it for a crininal? Another liberal judge at his best maybe he (the judge) should pay for it as it’s his idea. Stupid is as stupid does according to Forrest Gump.

    • kmilliorn

      @chief1937 —there is a difference between “elective” & “medically unnecessary”, which I think is what you are aiming at. In common use, “elective” surgery is simply “non-emergency”, but medically necessary surgery (for example for gallbladder trouble or a hernia or cancer). it is surgery which needs to be done in a timely fashion, but not within hours or minutes. These types of elective surgery ARE covered by insurance, although some insurance companies require prior authorization. (I am a retired surgeon, used to jumping through insurance companies’ hoops.)

      • chief1937

        @kmilliorn  @chief1937
         Thanks for the info it is appreciated.However I do not see any real medical reason for this paticular surgery maybe there is but I just can’t see it.

  • thethinman

    I’m sure the people of Mass have nothing else better to do with their money.  Why not ?  The Kennedy’s, the Romneys, the John Kerry’s – they have plenty of money – shouldn’t even bother the regular folks – although – they like their socialist government – if they’d given this person the DEATH penalty and done it – he could talk to the Devil about a sex change in a hot place.

  • Jenner2

    Is this criminal still on the voter’s list also?

  • marvs

    What can you expect out of a state that re-elects Barny Frank and the hero of
    Chappaquiddick..

  • SIR JAMES

    Just what kind of lawyer would take a case like this. The prisoner is an idiot and that’s a given. He’s simply punishing the people for placing him behind bars. He really does need- deserve death – though there have been innocents executed. But the lawyers that take similar cases as well as this one are simply out to bilk steal as much money as possible. There is no lawyer judge nor any humans labor worth that much money. He’s a thief plain and simple.

  • June Angstadt

    For the most part, the US is run by people with law degrees-the much maligned ‘lawyer’ - The White House is loaded with them (with the exception of Obama’s non compos mentos Czars). 
    THEY are almost single handedly responsible for the many crises in this country……just ponder the decisions they made in the Kosilek case – totally insane, radically liberal and irresponsible.  Guess we should be grateful both Obama and the divine mz. m lost their licenses………..but it could not be worse.  God help us.

  • Commish4

    I’ll give him a sex-change operation and legal advice at no cost.

  • TPM

    Being full of the Christmas spirit, I would have been willing to make a partial accomodation of his wish for gender change surgery. I’d have been willing to chop off his “johnson” with a dull axe.
     
    What dimwitted judge ruled this? He should lose his “johnson” as well …

  • An American11

    This ridiculous!!!!  I live in MA and I am FEED UP with prisoners’ rights. What about the right of the law abiding citizens. I don’t want one cent of my money  IMy taxes will not pay for it) to go for this GUY who thinks he is a woman. The judge should should this cost if he thinks he deserves it.  What planet did this judge come from…..I know the planet called Socialism.    I’m rambling by I am feed up with all the crap our socialist governments are ramming down our throats.

  • J Joy

    Talk about wasted taxpayer dollars!!!  This is the kind of stuff that makes ones blood boil.  These politicians don’t know how to do anything right but somehow they keep getting re-elected.  I would love for every politician who has been in their position for more than 4 years to be voted out of office next time around.  These career politicians aren’t concerned with the right things anymore – they are only concerned with their jobs and we shouldn’t be paying them for that kind of attitude!!!

  • LarryChambers

    If you think that’s ice water those judges are sipping on while on the bench, think again my friends.
    Try gin or vodka or maybe a martini. Politicians are heavy drinkers also. And I hear O likes to toot every
    now and again. No sober minded person would  ever come up with the crap these guys are throwing down.
    If that aint it;  what isit  about common sense that they hate so much?

  • Boccagalupe

    Several errors here!!! A) No death penalty.  B) Allowing the sex change at all. C) State was conned into believing it cruel & unusual for a person to remain the gender that God made them initially.  This could only happen in a progressive,liberal state as Mass. Since this bird is wanting all the rules changed, Change them!!!  1) Institute the death penalty. 2) Have a new trial with death as penalty.  3) Hang, Fry, Shoot, Gas, or chemically o.d. this bird.

  • Glenn Bedwell

    All these bleeding hearts make me sick! This man is a killer the way i see it he has no rights, he lost those when he decided to take the life of another humane being. And he has no gripe coming look how long that the taxpayers have kept him warm, dry and feed him . He could have been history not to many years ago. If it had not been for the lawyers changing the laws so they could get a little fatter.

  • LarryChambers

    What are the odds of a convicted murderer getting a sex change in, lets say China or Russia or maybe Mexico?
    How about Iran or any of those Mid-East nations? Only in the land of the free do convicted felons bring honest
    hard working, taxpaying citizens to its knees. I believe it  to be more than fair to ask, why?
     
     
    VORACITY
    Why do rich men
    Rob poor people
    In the gathering of
    Rich men is found
    The abundance of
    Greed
    Plagued by arrogance
    The ire of foolishness
    Rests with those
    Who
    Give them the reins
    To lead
     
                         Larry Chambers 12/8/12

  • jude83268949

    Now after he gets his sex change he will sue the prison to legally change his name, then remove him to a female prison,  and then sue them again to release him since he is no longer the person convicted of that crime of murder and being held illegally and discrimination against his gender.

  • knussel

    A state like that where they elect all the brain dead deserve to pay the bill.They alloesd it

  • har82

    In an insane world, what can be more insane ,,, than this type of ignorance ???. Ok, give his lawyer ,, the sex change ,, and let the murderer out .  The lawyer might get a taste of his own f,,king ,,, and the murderer may very likely be done away with permanently. 
    I see that as a win ,, win ,, for tax payers . :)

  • El_locoJp

    Who ever said the voters, make that the population, of MA are idiots, was 100% correct.  “Stupid is as stupid does.”

  • jtmfc53

    The maintenence drugs for a sex change operation are very expensive, so on top of the operation, theState will be on the hook for his drugs until he -she dies or is released from prison. I worked in a female prison and was assigned to take a she who had been a he to a doctor who dealt with people who had sex a change. The trip wasn’t bad,although it was 50 miles away. The prisoner was pleasant and talkitive. When we arrived at our destination , the parking lot was about a block from the Dr.s office in an iffry neighborhood, the she-he asked if I could renmove her shackles, I said no. it was against regulations. She claimed to be embarassed to walk wearing them. My answer was still no. The he-she was over six feet tall and had a wiry build, and still retained the power of a man.   I couldn’t remove them not only due to rules,but also for my own safety.  She was released a year or so later, and I never heard of her again. The sex change operation is a big drain on the State’s pocketbook,as well as taking them for glasses, dental care,pre natal and a host of other things.  The state prison I worked for  used only top doctors for prisoners care,which worked out well for me when I needed a good doctor, I knew who to go to. Sorry I was so long winded but the subject brought up the memory of the he-she.Merry Christmas and a Happy New Year to all.

  • texaselect

    Solution…Put it in the General Population and let the MEN have at it. Won’t need the operation after they rip it a new one.

  • Adam Smith V

    I’m retired, a veteran who served my country, and have saved all my life for a little to survive with. I can’t even get needed dental work or eyeglass coverage without running the risk of cutting back on food and utilities.
    Yet a convicted murderer can get expensive elective surgery to satisfy his sexual lusts?
    This is a major screw-up in taxpayer funded priorities and that kind of crap makes my blood boil.
    Excuse me while I take my heart medication that I had to pay for because I am in the Medicare “gap”.

  • TeaParty Patriot

    After all the crap that the people of Mass have sponsored thru thier representatives it would tickle the dog pucky out of me if the convert, after a  successful operation sued the state of mass  for release because he/she is not the same person whom they convicted and therefore should be released on the general public of the state of mass.  They deserve it.

    • drbhelthi

      @TeaParty Patriot Excellent point.  Kosilek´s lawyer can then run up another half-a-million charge to add to the debt of Massachussets taxpayers.

  • TomMartin1

    It was cruel and unusual  punishment by God to make Kosilek a male, the tax payers should be forced to correct this injustice

    • drbhelthi

      @TomMartin1 Blaming God for errors of humanity is one of the reasons the USA is in its increasingly deplorable state.  If God is God, where does humanity get the authority to blame God for anything ?   It is too easy to say, “God is responsible for my behavior, not me.”  Which is essentially what is being mouthed by Kosilek, with the assistance of a lawyer.   And, which you are repeating with outstanding simplicity.

      • TomMartin1

        @drbhelthi  @TomMartin1 
        Good — I wanted the Liberal mindset to be exposed for the simpletons that they are

  • Whizz

    Even to consider doing such a thing is unthinkable for a sane minded person.Let me ask a question,does the criminal or the or the person wronged have the most rights? Who does the “state” worry most about and why? I think a change is due in the country. We need to strap saddles on to our elected officials and put on our spurs and
    get some things done.They will not do it otherwise.

  • Uncle Johnson

    All over this nation, people struggle to pay their health insurance premiums and out of pocket costs. Servicemen and women are re-learning life after combat. Some missing parts and capabilties they had before the war. Yet this P.O.S. a convicted murderer is provided with legal representation for this? What judge would authorize tax payer paid representation for an issue like this? And $700 K of it? This is criminal. How does one accumulate that many billable hours even with all the shrinks and experts they enlisted. Talk about excessive.
     
    What’s next prisoners suing because the bars make them uncomfortable or because their privacy rights are being invaded? Will guards have to get a warrant to toss a cell? Since when is a convicts mental health an issue while they are locked up? Oh well, doesn’t surprise me. I live in a country that gives women the right to kill their young at will. It’s not the first time we’ve seen the constitution bent to service the will of the morally bankrupt.
     
    Citizens can be pepper sprayed and tazed by police if we refuse to comply with random roadside stop and search, but we have to pay for gender change surgery for a convict who wants to wear panties and a bra. Nice.

  • FrancesCampbell

    every prison in the  usa has a law library and it is the favorite past time of convicts to file lawsuits against the state–the prison–anyone with a deep pocket.  these convicts are quite successful and collect more than the paying public realizes. they obviously have much spare time to pursue their law suits, compter dating scams of lonely women, fraudulent income tax scams that we all pay for.  as long as welfare aka. our social security taxes pay for each illegitimate child who is raised without discipline  and not in a two parent home where no one works for what they get–what do you think they will do when they become big enough to follow in the welfare scams?

    • Jack

      @FrancesCampbell Remember it is the “activist judges that grant them the trials    Activist= Liberal judges

  • whoopingcough

    All Bushes fault

  • MaryPatIzar

    @stevenlaststraw Steven that is a sad insult to the Taxpayers of Mass. WHY aren’t they leading a protest and rejecting that impound?

  • BobMcCormick

    Personally, I do not believe in life without parole sentences. If we as a society feel that a person is so dangerous that they must be permanently removed from society then make it permanent. What is the point of indefinitely warehousing these criminals, with all the associated risk and expense that is involved.

  • remartantiques

    Liberalism at work.
     
    Just warms your heart, eh?