Prison commissioner testifies in sex-change suit

Boston.com – Ken Maguire – Associated Press Writer

Boston – The state’s prison commissioner testified Friday that she is not convinced a sex-change operation sought by a convicted murderer is medically necessary.

Michelle Kosilek, who was Robert Kosilek when convicted of killing his wife, Cheryl, in 1990, is suing in federal court to compel the state to allow and pay for the surgery. Kosilek legally took the name Michelle in 1993.

“I wanted to be assured of the medical necessity and learn more about the surgery,” Department of Correction Commissioner Kathleen Dennehy said. “I made the decision that we needed a second opinion.”

Kosilek, 57, is serving a life sentence at an all-male prison in Norfolk.

The outcome of the case could impact other Massachusetts inmates. Frances Cohen, Kosilek’s lawyer, said outside court that a total of eight inmates with gender identity disorder have received recommendations to start hormone therapy.

Of those, four have started treatment, Cohen said. Cohen introduced new evidence Friday about two of those inmates, one of whom is a man who uses the name “Kristine.”

U.S. District Judge Mark Wolf allowed the evidence, but sealed the documents, and lawyers on both sides declined to discuss it outside the courtroom.