Michelle Kosilek

Michelle Lynne Kosilek
Born	(1949-04-10)April 10, 1949 Chicago, Illinois
Residence	Massachusetts Correctional Institution at Norfolk
Known for	Lawsuits to obtain treatment for gender dysphoria, while in prison
Criminal penalty	Life imprisonment
Criminal status	In prison
Spouse(s)	Cheryl McCaul (c. 1954-1990), murdered at age 36
Children	< Step-Son, Timothy, born c. 1975> (age ~38)<Timothy was born in 1974 and is the son of Shaun McCaul and Cheryl McCaul>
Conviction(s)	Murder

Michelle Lynne Kosilek (born Robert Kosilek, April 10, 1949) is a convicted murderer and who is best known for the controversy surrounding her attempts to obtain treatment for her gender dysphoria while in prison. In 1990, Kosilek strangled wife Cheryl McCaul, killing her. Kosilek was sentenced to serve a life sentence without parole. During her incarceration, Kosilek has repeatedly sued the Massachusetts Department of Correction (MDOC), seeking medical treatment for her gender dysphoria.

Transgender status and alleged abuse

From 1967 to 1968, starting when Kosilek was about 18 years old, a doctor allegedly exploited Kosilek's difficulty in obtaining medical treatment for her gender dysphoria. The doctor allegedly prescribed hormone therapy for Kosilek in exchange for sex with his patient. Kosilek later said that, while she was on hormone therapy, she "felt normal" for the first time in her life. Kosilek also took hormones for several months in 1971 and 1972 (when she was about 22–23 years old), and developed breasts.

Relationship with Cheryl McCaul

After relapsing into drug abuse, Kosilek entered a drug rehabilitation facility for addiction treatment. There, Kosilek met Cheryl McCaul, who was working there as a volunteer counselor. McCaul believed that if she were to marry Kosilek, that Kosilek would identify as a man; Kosilek recalled McCaul saying that all Kosilek needed was "a good woman". They were married, but Kosilek's female gender identity did not change.

Murder of Cheryl McCaul

Kosilek murdered McCaul in May, 1990. In October 1992, about two and a half years after the murder, Kosilek gave a series of recorded interviews to a reporter. In one of these recordings, Kosilek stated that, on the day of the murder, McCaul had returned home to the couple's condominium in Mansfield, Massachusetts, and discovered Kosilek wearing McCaul's clothing. This enraged McCaul, and an altercation ensued. McCaul threw boiling tea at Kosilek, either at her face or her genitals, and Kosilek knocked McCaul down. McCaul grabbed a butcher's knife and chased Kosilek into another room, threatening to kill her. Kosilek picked up a piece of wire that had been on a table. Kosilek reported that the next thing she remembered was awakening, days later, in the psychiatric unit of a hospital. In the interview, Kosilek stated that she "probably, because of the trauma of it ... went into a blackout at that moment." She added, "Apparently, I did take her life. It was probably in self-defense." McCaul was 36 years old when she died.

Discovery of the body

On May 20, 1990, Cheryl McCaul's body was discovered in the back seat of her car. Her car was found in the parking lot of the Emerald Square Mall in North Attleborough, after the mall had closed for the night. McCaul's body was nude, and she had died by strangulation. Kosilek had strangled her with a rope and with a piece of piano wire, pulling so tightly that she nearly severed McCaul's head from her body.

Investigation and arrest

That evening, Kosilek called the North Attleborough police department, stated that wife Cheryl had not come home that evening, and asked whether there had been any report of a car accident in which she might have been involved. The police told Kosilek that they had found Cheryl's car, and they asked Kosilek to come to the police station. Kosilek agreed, requesting that an officer pick her up.

Kosilek was twice taken in for questioning, once that day, and once on Monday, May 21. During this second visit, the police informed Kosilek that she was a suspect in the murder, and that they, the police, had spoken with Kosilek's son. Kosilek informed the police that she was going to get a lawyer, and left.

Later that evening, just after midnight, On May 22, 1990, shortly after midnight, Kosilek crashed her car in Bedford. Police observed Kosilek in the driver's seat, dressed in women's clothing, having crashed into a stop sign and some bushes. The officer administered field sobriety tests, determined that Kosilek was not intoxicated, and called her a cab. On May 24, while being stopped for speeding, Kosilek asked the officer for psychiatric services, and was transported to the psychiatric unit of a New York hospital, and subsequently was brought back to Massachusetts by the Massachusetts State Police.

Trial and conviction

Kosilek was indicted for murder on May 30, 1990. After unsuccessfully contesting her extradition from New York where she had been apprehended, she pleaded not guilty on October 3 and was ordered held without bail. In November 1992, while awaiting trial, she ran a write-in campaign for the office of Bristol County Sheriff after unsuccessfully suing the current sheriff for violations of her civil rights by "the denial of medically prescribed treatment for ... gender dysphoria." Also while awaiting trial, she took female hormones in the form of birth control pills, twice attempted suicide, and once attempted self-castration.

The trial began on January 14, 1993, with jury selection at which no potential juror expressed any difficulty with the judge's statement that "the defendant is physically a male but may emotionally and psychologically be a female, and will be wearing what may be described as female clothing and may exhibit mannerisms and behavior considered to be female or that he may be referred to by female pronouns." At trial, Kosilek's attorney did not dispute that Kosilek strangled McCaul, but said Kosilek had no memory of the events because of a four-day blackout that began shortly before the killing. She said: "My client [Kosilek] now believes, though [Kosilek] has no memory of this, that [Kosilek] must have been the one to use that wire in self defense." The prosecution described how Kosilek hid McCaul's body, tried to disguise McCaul's death as "a sex crime", and fled to New York.

During the court proceedings, a cab driver testified that he had picked up Kosilek from that same mall, on that same afternoon, and had driven her to a store located about half a mile from her house in Mansfield.

Kosilek's step-son, Timothy, who was 15 years old at the time of the murder, testified that that evening, Kosilek had cooked steak for their dinner, and that they had talked about everyday things. Timothy also stated that Kosilek shaved off her beard on the day of the killing, the first time she had done so in at least a year.

For the murder of McCaul, Kosilek was convicted of first degree murder and sentenced to life in prison without the possibility of parole.

On appeal, the Massachusetts Supreme Judicial Court ruled on August 8, 1996, that the trial judge's errors were insufficient to overturn the conviction.

Incarceration and medical lawsuits

Kosilek is incarcerated in Norfolk, Massachusetts, at the Massachusetts Correctional Institution at Norfolk, a medium security male prison. Kosilek has been diagnosed with gender dysphoria and identifies as female. While in prison, Kosilek has presented herself as a woman, as one court decision later said, "to the maximum extent possible", and had her first and middle names legally changed to Michelle Lynne.

Lawsuits

• In 2000, Kosilek sued the Massachusetts Department of Corrections (MDOC), claiming "violation of rights" under the Eighth Amendment. Kosilek won that suit in 2002 and obtained hormone replacement therapy and psychotherapy for her condition.
• Kosilek briefly received electrolysis treatments in 2008.
• In 2009, Kosilek lost her eighth lawsuit, attempting to force the DOC to provide electrolysis to remove facial hair.

Sex reassignment surgery

In May 2006, Kosilek sued the DOC, arguing that its refusal to provide sex reassignment surgery constituted "cruel and unusual punishment" under the Eighth Amendment.

On September 4, 2012, U.S. District Judge Mark Wolf ruled that the MDOC had violated Kosilek's constitutional rights by denying sex reassignment surgery, noting that former Corrections Commissioner Kathleen Dennehy had engaged in "pretense, pretext, and prevarication" to deny the treatment. He wrote that Dennehy had "testified untruthfully on many matters" while supporting legislation to prevent her from providing sex reassignment surgery to inmates. Wolf ordered the DOC to provide Kosilek with the surgery. In October 2012, Judge Wolf ordered the DOC to hire an independent expert to determine whether electrolysis was a necessary part of Kosilek's treatment for gender dysphoria. Judge Wolf announced in December that, pending the outcome of the case on appeal, he was prepared to require the state to reimburse Koselek's attorneys for their work on the case, estimated at more than $700,000. Kosilek's attorneys offered to forgo that payment if the state would cover the cost of Kosilek's surgery and forgo its appeal.

Representative Barney Frank supported the decision of Governor Deval Patrick to appeal Wolf's decision. He said "I think it should be clear she has a right to present herself as a woman, and that should be honored by the prison system" but he thought that Kosilek's advocates were wrong to describe her case "as a general trans[gender rights] issue". U.S. Senator Scott Brown and his 2012 election opponent Elizabeth Warren both objected to the use of "taxpayer dollars" for Kosilek's surgery. Relatives of Cheryl McCaul objected to the court-ordered surgery and one cousin suggested it would lead someone unable to afford such surgery to commit murder in order to receive it at government expense.

In 2006, the editors of the Boston Globe had opposed Kosilek's surgery because "[p]rivate insurers rarely pay for sex-change operations" and "hormone treatment and expert therapy" are "sufficient". In 2012, the Globe said that Wolf's decision made a persuasive case that the surgery was "medically necessary, not an elective procedure", however "distasteful". The paper had also stopped referring to Kosilek as "Robert" and adopted feminine pronouns. An editorial in the Los Angeles Times noted that cost was not the issue, since the cost of the surgery would be offset by the lesser expense of housing Kosilek in a women's prison and avoid the costs associated with Kosilek's attacks on her own body. It nevertheless thought that sex reassignment surgery was "medical attention that is above and beyond the community standard of care", noting that private insurance companies and Medicare do not cover it. It offered the "generally recognized standard of insurance coverage" as the standard to be used in providing medical services to the incarcerated.

The DOC appealed Wolf's decision about sex reassignment surgery, Kosilek v. Spencer, to the First Circuit Court of Appeals, which heard arguments on April 2, 2013. On January 17, 2014, a three-judge panel of that Court ruled 2–1 for Kosilek. The majority, Judges O. Rogeriee Thompson and William J. Kayatta, Jr., said that Kosilek's Eighth Amendment rights included "receiving medically necessary treatment ... even if that treatment strikes some as odd or unorthodox". In dissent Judge Juan R. Torruella said that denying the medical care in question did not violate Kosilek's Eighth Amendment rights because it did not "fall below society's minimum standards of decency" and "illustrate{d} neither an intent to harm nor the obstinate and unwarranted application of clearly imprudent care". However, the full First Circuit Court rulded against Kosilek 3-2 in December 2014. Later, in 2015, the Supreme Court chose not to hear the appeal, and by doing so rejected Kosilek's request for sex reassignment surgery.

Personal life

In January 2012, Kosilek self-published an autobiography while serving time in prison, Grace's Daughter.

See also

• LGBT people in prison

Additional sources

• Nathaniel Penn, "Should This Inmate Get a State-Financed Sex Change Operation?", New Republic, October 30, 2013
• James Phillips, "Gender Identity Disorder in Prison: Depending on a Diagnosis That Is Soon to Disappear?", Psychiatric Times, September 28, 2012
• Jennifer Levi "Transgender Exceptionalism Should Not Cloud Legal Analysis," Jurist, October 16, 2012

External links

• Kosilek v. Maloney, District Court, August 28, 2002
• Kosilek v. Spencer, District Court, September 4, 2012
• Kosilek v. Spencer, First Circuit Court of Appeals, January 17, 2014