Kosilek v. Department of Corr, et al

Filing 621

Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that the attached redacted version of the Affidavit of Luis S. Spencer (March, 2013) (Under Seal) (Redacted) (Docket No. 620-1) shall be docketed for the public record in this case.(Hohler, Daniel)

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

MICHELLE L. KOSILEK,
Plaintiff,
v.

C.A. No. 00-12455-MLW

LUIS S. SPENCER, in his official
capacity as Commissioner of the
Massachusetts Department of
Correction,
Defendant
ORDER
WOLF, D.J.

April 1, 2013

It is hereby ORDERED that the attached redacted version of the
Affidavit of Luis S. Spencer (March, 2013)

(Under Seal)

(Redacted)

(Docket No. 620-1) shall be docketed for the public record in this
case.

CM.~~#~~
UNITED STATES DISTRICT
JUDGE~

Case 1:00-cv-12455-MLW Document 620-1 *SEALED*

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSEITS
MICHELLE KOSILEK,
Plaintiff,

v.

Civil Action No. 00-12455-MLW

LUIS S. SPENCER, in his official
capacity as Commissioner of the
Massachusetts Department of Correction,
Defendant.

AFFIDAVIT OF LUIS S. SPENCER (March, 2013) (UNDER SEAL) (REDACTED)
I, Luis S. Spencer, do hereby depose and state as follows:
1.

I am the Commissioner of Correction for the Commonwealth of Massachusetts.

2.

I have prepared this affidavit in response to the Court's January 18, 2013

Memorandum and Order and the Court's November 20, 2012 Order, which stayed the September
4, 2012 Order providing sex reassignment surgery ("SRS") to Michelle Kosilek ("Kosilek") and
required the Massachusetts Department of Correction ("DOC") to take the steps reasonably
necessary in preparation for providing the SRS should the appeal of the September 4,2012 Order
ultimately be unsuccessful.
3.

The information provided in this affidavit is based on my personal knowledge and

information obtained from DOC Deputy Commissioner of Prisons, Peter Pepe, DOC Assistant
Deputy Commissioner for Clinical Services ("ADC") Lawrence Weiner, and staff of the
University of Massachusetts Correctional Health program ("UMCH"), the DOC's medical

Case 1:00-cv-12455-MLW Document 620-1 *SEALED*

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Case 1:00-cv-12455-MLW Document 620-1 *SEALED*

(5) days in a hospital is required. _

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indicated that he would be willing to perform SRS

on an inmate serving a life sentence. He also stated that he would be interested in pursuing
credentialing and licensing in Massachusetts.
8.

Subsequently, ADC Weiner contacted _

on March 27, 2013 to discuss

the logistics and financial requirements concerning SRS, if he were selected as the surgeon to
perform the SRS. He is awaiting a return phone call from _ .
9.

On March 20, 2013, DOC Deputy Commissioner Peter Pepe and DOC Central

Transportation Unit Director, James Ferreira, met with
. The purpose of the meeting was to
take a tour of

hospital facilities and discuss security concerns and

logistics if the decision were made that SRS for inmate Michelle Kosilek would take place at the
hospital.
10.

In light of the high level of public and media interest in this matter, coupled with

security concerns presented by a first-degree lifer at an outside facility, the tour of the hospital
facilities and the discussion with staff focused on the ability of visitors and members of the
public to gain access to various areas of the hospital.
11.

According to

has a security

staff of approximately. sworn officers. The security staff are unarmed, but do carry handcuffs
and chemical agents, and some carry batons. The
patrol the outside areas of the hospital complex.
12.

Patients registered into the hospital are grouped into 3 categories:

a.

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b.

c.
indicated that, if treated at the
would be considered a _

, inmate Kosilek

patient, so patient information and location would be kept

confidential and not made available to the general public or hospital staff.
13.

further stated that all hospital staff are required to wear

photo identification badges which makes it easier to identify them. Visitors are issued dated
visitor passes; however, the visitor passes are

so as to restrict visitors to specific

areas of the hospital.
14.

The tour of the hospital facilities focused on the points of entry into each building,

as well as on the operating rooms, post-surgical areas, and patient rooms. A number of questions
regarding security at the hospital remain to be answered, including whether the DOC will be
provided with access to hospital staff rosters to help ensure that no unauthorized hospital
personnel gain access to inmate Kosilek. Deputy Commissioner Pepe also identified a need for
additional DOC security staff to maintain the security from intrusion from the outside, with the
exact location of their posts to be determined by the vulnerable points of access to inmate
Kosilek's location within the hospital.
15.

Deputy Commissioner Pepe has advised me that additional meetings with hospital
will be needed to further discuss pre- and post-surgery logistics

should irunate Kosilek's surgery take place at

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Case 1:00-cv-12455-MLW Document 620-1 *SEALED*

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Signed under the pains and penalties ofperjury this 29 th day of March, 2013.

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