• AG to decide whether to appeal federal ruling on sex change for inmate


    BOSTON (MyFoxBoston.com) -- Attorney General and gubernatorial candidate Martha Coakley told Fox25 on Monday that she hasn't decided if she'll appeal the decision by a federal appeals court that upheld a taxpayer funded sex change for convicted murderer Michelle Kosilek.

    "That decision just came out. I haven't seen it yet but we would look at that the way we would look at any decision - is there a basis for appeal?" Coakley said during an interview on the Fox25 News at 5 p.m. 

    "It is precedent setting, and I think the legal standard for, and I think the legal standard around medical necessity is one that we'd have to look at but we haven't made a decision yet," Coakley told political reporter Sharman Sacchetti. 

    When asked when the decision would be made, Coakley said there would be a "time period set by the court," but declined to give any hint as to whether or not she would appeal.

    In 1990, Robert Kosilek was convicted of murdering his wife, Cheryl.

    Kosilek is serving a life sentence and now goes by the name Michelle.

    Just days ago a federal appeals court upheld a 2012 ruling granting the taxpayer funded sex change.

    Kosilek had argued the surgery was medically necessary.

    During our interview on the FOX 25 News at 5, Coakley said she hasn't read the court's decision yet, but added a lot of factors go into appealing the case to the supreme court. 

    Over the weekend, Governor Deval Patrick weighed in.

    "Well you know, we were on the other side of that case.  But the first circuit gets the final say," he said. "Still seems like a weird outcome, and I don't mean any disrespect to the prisoner but [it's a] pretty expensive accommodation. But if we are required by law then we will do our duty."

    As far as the appeals process, Governor Patrick deferred to the Attorney General.

    So far the 64-year-old Kosilek has been receiving female hormone treatments, laser hair removal and psychotherapy, all at the taxpayers' expense.

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