A convicted
killer who sued to have a sex change claims her body is
becoming more masculine again because she's being denied
treatment in a Massachusetts prison as she awaits a
ruling in her bid for the surgery. Michelle Kosilek,
formerly known as Robert, said that for months she has
not been allowed to have court-approved hair-removal
treatment or access to a specialist to discuss her
testosterone levels.
''My breasts have
shrunk, genitals have regained previous size and
function, facial hair is thicker and scalp hair is thinner,
all related to an elevated testosterone level,''
Kosilek said in a handwritten letter submitted to the
court recently.
Robert Kosilek
was sentenced to life in prison in the 1990 murder of his
wife. Kosilek said the slaying was self-defense after she
poured boiling tea on his genitals.
Kosilek, 58, who
legally changed her name to Michelle in 1993 and has
been living as a woman, first sued the Massachusetts
Department of Correction in 2000, saying its refusal
to allow her to have sex-change surgery violates the
Eighth Amendment protection against cruel and unusual
punishment.
In 2002, U.S.
district judge Mark Wolf ruled that Kosilek was entitled to
treatment for gender identity disorder -- including hormone
treatments, laser hair removal and psychotherapy --
but stopped short of ordering sex-reassignment
surgery.
Kosilek sued
again in 2005, saying the treatments were not enough to
relieve her anxiety and depression.
''I would not
want to continue existing like this,'' Kosilek testified in
June 2006.
The trial lasted
on and off from May 2006 until March 2007, with expert
testimony from 10 doctors, psychiatrists, and
psychotherapists. An Associated Press review last year
found that the corrections department and its outside
health care provider had spent more than $52,000 on
experts to testify about the surgery, which would cost about
$20,000.
Though testimony
ended almost a year ago, Wolf has given no indication
when he will rule in the case, which is being closely
watched nationwide by advocates for other inmates who
want to undergo a sex change. Transgender inmates in
other states have sued prison officials, but none has
persuaded a judge to order a sex-change operation.
The Department of
Correction claims Kosilek's surgery would create a
security quagmire and make her a target for sexual assault.
Department spokeswoman Diane Wiffin would not comment
on Kosilek's recent claims that her treatment is being
neglected, citing the ongoing litigation.
In court papers
filed last month, Kosilek claimed that prison officials
have stopped following the treatment plan outlined by Wolf
in 2002, causing a ''serious revision'' in her
attempts to complete her transformation into a woman.
Kosilek said she
has not received any laser hair removal or electrolysis
since May 2006 and that prison officials have refused to let
her see an endocrinologist since October 2007. She
said she has repeatedly told prison authorities that
the testosterone blocker Lupron has stopped
functioning effectively.
In a written
response, lawyers for prison officials said Kosilek has
continued to receive adequate treatment for gender-identity
disorder. The corrections department also said Kosilek
met three times in December with a nurse practitioner
to discuss her concerns about her suppression
treatment.
Kosilek, however,
said prison officials have denied her repeated requests
for a follow-up visit with the endocrinologist.
Prison officials
said Kosilek received extensive laser hair removal
treatments, then asked in January 2007 for electrolysis to
remove hair that was too light for laser treatments.
They said the department's mental health provider is
currently reviewing the request for electrolysis to
determine whether it is ''appropriate or necessary
treatment.''
Kosilek's lawyer,
Frances Cohen, said the surgery is a medical necessity
for Kosilek, who has twice attempted suicide.
''We hope that
the Department of Correction wouldn't use the amount of
time that it necessarily takes the judiciary to resolve this
to allow her treatment to move backward,'' Cohen
said. (Denise Lavoie. AP)