BOSTON  — A man serving a life sentence for murdering his wife is asking a federal judge to order the state to pay for a sex-change operation, arguing that denying him the surgery amounts to cruel and unusual punishment.

A psychiatrist testified Tuesday that he believes Robert Kosilek — who now goes by Michelle — will commit suicide if state corrections officials refuse to allow the surgery and Kosilek is unable to complete the transformation into a woman.

Kosilek, 57, was convicted of strangling his wife, Cheryl, in 1990.

In 2002, U.S. District Judge Mark Wolf ruled Kosilek was entitled to treatment for gender identity disorder, but he stopped short of ordering the state to pay for a sex-change operation.

Since then, Kosilek has received psychotherapy, female hormone treatments and laser hair removal.

Kosilek sued the Department of Correction for the second time last year, saying psychiatrists — including two of the department's experts — had determined a sex-change operation was medically necessary.

"We ask that gender identity disorder be treated like any other medical condition," said Kosilek's attorney, Frances Cohen.

Attorneys on both sides made opening statements Tuesday in a trial expected to last as long as two weeks. Kosilek opted to have the case heard by Wolf instead of a jury.

Neither side gave an estimate on the costs of the operation. Kosilek's attorney told Wolf she believes the corrections department could argue that the surgery should be covered by the department's provider.

Dr. George Richard Brown, a psychiatrist, said Kosilek's depression and anxiety have improved since the hormone treatment began.

If Kosilek does not have a sex-change operation, Brown said, "I believe that she would kill herself."

The department's attorney, Richard McFarland, said Commissioner Kathleen Dennehy decided to deny surgery because of "significant safety and security concerns."

Corrections officials fear Kosilek could be a target for assault by returning as a woman to the all-male, medium-security prison in Norfolk, McFarland said. If Kosilek is transferred to the women's prison in Framingham, there are concerns about risk to female inmates there.

During the 2002 trial, Kosilek testified to having gender identity disorder since age 3, attempting suicide twice and attempting self-castration.

Two psychiatrists will testify that Kosilek functions "at a very high level" and that a sex-change operation is not medically necessary, McFarland said.

*My 2 cents (for what it's worth):

I agree with both Marc and Rob.  The state (tax payers) should not be responsible to foot the bill all because this guy killed his wife and landed in jail.  If his diagnosis is true then I do feel for him, as it has to difficult to live trapped in a body that you don't belong in.  I also believe that, if in fact this is his disorder, insurance should cover such operations.  Of course this guy doesn't have insurance since he murdered his wife and is in jail.  I'm going to be harsh here and say who cares what he does to himself as a result.  The tax payer shouldn't have to pay!

This story ran on nwitimes.com on Thursday, May 11, 2006 12:34 AM CDT

CROWN POINT | Authorities are puzzling over what to do with a Highland man who caused a partial shutdown of county government this week with a bizarre protest.

Richard Carroll remains in the Lake County Jail, where he has been held since the weekend on charges of disorderly behavior, but he hasn't been criminally charged with mailing a suspicious letter or delivering suspicious-looking packages to the Lake County Government Center. One incident triggered two-hour quarantine that prevented entry or exit to government buildings.

The 42-year-old man previously sent what he called "cat poop sandwiches" -- cat excrement and bread -- in a package to the government center. He claims in an e-mail to The Times and other documents that he is protesting the war in Iraq and personal legal problems he recently has experienced.

"At this time, it doesn't appear he will be charged with anything," said Diane Poulton, a spokeswoman for the county prosecutor's office.

Michael Higgins, a spokesman for the county sheriff, said Wednesday that federal postal officials also apparently have declined the case.

"There is no criminal law that applies," he said. "A judge could find him in civil contempt."

Hundreds of county employees and members of the public were either locked in or out of the government center from shortly after 11 a.m. until about 1:40 p.m. Monday. The quarantine was called off after officials determined the items weren't dangerous.

Higgins said Carroll's name was written on the envelope and boxes.

In the jail, county police Detective Robert Bridgeman questioned Carroll, who admitted he placed the packages at the door, Higgins said.

Crown Point police arrested Carroll at 3:38 p.m. Saturday at R House of Brews, 100 N. Main St., for allegedly arguing and causing a disturbance in the bar.