Readers of this blog know that I’ve blogged previously on the twisted subject of Robert Kosilek, and his multi-year legal battles with the Commonwealth of Massachusetts, more specifically with the Massachusetts Department of Corrections. Kosilek, of course, is the (now famous, due to his legal battles) psychotic murderer, who killed his wife in 1990, then dumped her body in a trash dumpster. At trial, he was found guilty of murder in the first degree and sentenced to life in prison without the possibility of parole.
However, all that time to think about things, brought a ‘revelation’ to this esteemed guest of the Commonwealth: To wit, that he wasn’t Robert Kosilek, he was really a woman – Michelle Kosilek. And he wanted something “done” about that. And he wanted the taxpayers to pay for that something – specifically, ‘sex reassignment surgery’ otherwise known as a sex change operation – to turn Robert into Michelle. The Massachusetts DOC summarily rejected this request, at which point Kosilek sued the DOC – and, stunningly, won in lower court decisions. In 2012, much of the case seemed closed in Kosilek’s favor as U.S. District Court of Massachusetts judge Mark Wolf ruled in Kosilek’s favor in 2012 – ordering the Commonwealth of Massachusetts (read: its taxpayers,) to provide and pay for a sex change operation for Kosilek. What was judge Wolf’s legal reasoning? That to deprive this insane murderer a sex change operation, would constitute “cruel and unusual punishment,” in violation of the Eighth Amendment to the U.S. Constitution.
As a Boston, Massachusetts criminal defense attorney, I was shocked at that contorted vacancy of legal reasoning. The Eighth Amendment’s ban on cruel & unusual punishment was meant to ban twisted and medieval methods of punishment and torture such as beheadings, burning people at the stake, drawing & quartering prisoners, floggings, and similar. That a federal judge could equate the state’s refusal to provide a psychotic, convicted murderer’s demand for a sex change operation, with “cruel and unusual punishment,” is, in plain English, downright scary.