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American Morning

The Big Question: Do Inmates Have Too Many Rights?

Aired February 05, 2002 - 09:42   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDERSON COOPER, CNN ANCHOR: The Big Question this hour. Do inmates have too many rights? It comes as a Massachusetts inmate serving a life sentence for killing his wife is asking the U.S. District Court in Boston to make the state pay for a sex change operation, so that he can serve out his term as a woman.

Seems pretty outrageous. Well you may remember, the last month, we brought you the story of California inmate who got a heart transplant at a cost of $1 million. Joining me now from Providence, John Moses an assistant district attorney who prosecuted the inmate, Robert Kosilek. Thanks very much for being with us, Mr. Moses.

JOHN D. MOSES, ASSISTANT DISTRICT ATTORNEY: Morning, Anderson.

COOPER: This is one of those stories where you just kind of -- you shake your head at it, and say, you know, "You've got to be kidding me." You prosecuted Mr. Kosilek back in 1990. What was he convicted of?

MOSES: He was convicted of the first degree murder of his wife, Sheryl. He strangled her with a length of wire. Wrapped it around her neck three times and dumped her in the back of car and left her at a mall.

COOPER: Now was he -- was he -- I mean, prior to this murder, dressing as a woman, and during the trial, was he dressing as a woman?

MOSES: As -- well, during the trial, he -- he dressed as a woman -- he wore women's slacks and a woman's blouse. And his fingernails had grown long. There were instances prior to this murder, where apparently he had dressed as woman, but, at the time, that killed her, he had been wearing a beard.

COOPER: Now, he's been -- he's been in prison obviously since 1990. He is now suing the state, wanting hormone therapy and a sex- change operation. Sexual reassignment surgery. What was your reaction when you heard he was suing the state to get a sex change?

MOSES: Well, here's a person who is doing life without parole, and my first reaction is why in the world would we want to -- why would he want a -- to have a sex change operation. He's not supposed to be sexual in the prison. So my reaction was -- I was surprised by that. COOPER: Mr. Kosilek claims that being deprived of a sex change operation would be cruel and unusual punishment. I never went to law school, but is this cruel and unusual punishment? Not getting a sex change?

MOSES: He's not being punished in that way. He is doing life without parole for murder. The fact that he is serving a sentence, anybody serving a sentence is deprived of certain choices in his life. He was 41 years old when he killed Sheryl Kosilek. He didn't try to get a sex change operation at that time. Now he's 53 years of age, and he wants the state to pay for that?

COOPER: Let me ask you, we only have about a minute left. I guess there is a larger question here besides just this case. And the question is, "Where does this end?" I mean, if -- if a prisoner feels they have low self esteem, should we pay for a tummy tuck and a face- lift? Have prisoner's rights gotten out of control?

MOSES: Well, the right to treatment -- inmates do have a right to treatment. Where those boundaries are, how far we go in treating inmates and what conditions we treat, I think, is a question that the courts have to answer. And this is a case -- I think an extreme case -- where the trial judge is going to have to delineate, to some extent, where those boundaries are drawn.

COOPER: In the past, in other cases, apparently, prisoners have been given hormone therapy and counseling, but never a sex change operation, which I'm told can cost about $20,000. Just in the last couple seconds here. What's your gut feeling on this, your personal opinion? Do you think this is going to happen?

MOSES: I suspect that the judge will apply common sense and life experience to the evidence that's presented, and that he will probably find that the state need not provide these kinds of services to inmates doing life without parole.

COOPER: All right. John D. Moses, Assistant District Attorney. Thank you very much for joining us this morning. It is a bizarre case. Thanks very much for joining us.

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