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serving 50 years to life in prison, suing NY state to get a sex change

Discussion in 'Legal' started by 2dogs, Jul 17, 2003.

  1. 2dogs

    2dogs Well-Known Member




    July 17, 2003 -- Prison apparently isn't making a man out of thrill killer Mark Brooks.
    Brooks, serving 50 years to life in prison, is suing New York state to get a sex change on the public's dime and serve out the rest of his time in a women's prison.

    Albany federal Judge Lawrence Kahn is allowing his $500,000 suit to go forward, finding the state may have subjected Brooks to a form of "cruel and unusual punishment" by refusing to allow him to even consult with a doctor about treatment.

    Brooks - who now calls himself Jessica Lewis - says in court papers that he "believes that she has the gender identity of a female and can find comfort only though living and presenting as a female," and would like the state to provide him electrolysis, "voice modulation," hormone therapy, breast-implant surgery and "genital reassignment."

    Putnam County District Attorney Kevin Wright, who prosecuted Brooks for the July 1989 murder of Hofstra University student Dean Lockshiss, called Kahn's ruling "outrageous."

    Brooks "killed, really, a super kid - hard-working and loved by everyone who knew him," Wright said. "It's really appalling that the mother of his victim could have to read that she, as a taxpayer, is paying for this kind of procedure on someone who snuffed out the life of her son."

    Brooks and another man had duped Lockshiss into stopping to help them on a dark road in the town of Southeast by pretending they were having car problems. The pair robbed him of his $4 - and then one of them shot him in the head and the other shot him in the neck.

    "It was a horrible end to a fine young man's life," Wright said,

    Brooks, 34, says in his suit that while he's been aware of his "female identity since childhood," he didn't find out about "gender identity disorder" until he was in prison. Other courts have ruled the condition can be considered "a serious medical need."

    "After immersing himself in literature on GID, plaintiff became convinced that he is a transsexual," Kahn's decision says.

    Brooks' complaint says that by 1998, he "realized that no amount of research and knowledge would ease her suffering, and decided to seek treatment."

    Prison and state officials, however, ignored his pleas for help, leading Brooks to file suit, charging they were being "deliberately indifferent" to his medical needs.

    Kahn agreed and said it was "puzzling" that the Department of Correction's policy allows inmates who were on hormonal therapy before being locked up to continue with it while in prison - but doesn't provide for inmates to start treatments there.

    "Surely, inmates with diabetes, schizophrenia or any other serious medical need are not denied treatment simply because their conditions were not diagnosed prior to incarceration," the judge wrote, ruling Brooks should be evaluated by a doctor.

    Wright, saying that Kahn's ruling doesn't make sense, has written to the state Attorney General's Office, asking it to appeal the ruling. Paul Larrabee, a spokesman for Attorney General Eliot Spitzer, said the decision is being reviewed.

    Wright said Brooks never mentioned his "confusion" during the trial or to evaluators who did his sentencing report, and he doesn't believe him now.

    "I have my own nonmedical thoughts about why someone serving 50 years in state prison might want a gender change," he said.

    Corrections doesn't currently allow convicts to have full sex-change operations while behind bars.
  2. foghornl

    foghornl Well-Known Member

    $500K, Huh?

    Hey anybody remember the movie '9-to-5'? Dolly Parton, jane fonda, Lily Tomlin, Dabney Coleman.

    Don't remember the entire setup, but Dolly's character tells the Coleman Character:

    "...And I'm gonna get that gun of mine, and with 1 shot, I'll change you from a rooster to a hen..."

    Would Dolly oblige Mr. Brooks ? ? ?

    Probably a bunch cheaper than $500K....maybe $2, if using the best premium ammo....:evil:
  3. TallPine

    TallPine Well-Known Member

    Well, the knife could always slip ...

    There's some pretty big arteries down in that region.

    Would take care of the "to life" part of his(her) sentence.
  4. Trisha

    Trisha Well-Known Member

    I'd rather see it play out like this:

    Have the prisoner evaluated to the Harry Benjamin protocol. If he is diagnosed to be GID, then start the prisoner on the two year regimin of testosterone blockers and conjugated estrogens while still having to live in the male prisoner population.

    At the completion of that phase of the HBIGDA protocol, the prisoner is again evaluated. If the prisoner passes that evaluation, the prisoner receives GRS in the prison hospital, remaining there for no more than 6 weeks to recouperate.

    The now female-identified prisoner is placed in with the general female prisoner population, and conjugated estrogens are provided for the duration.

    This should be treated with complete respect for the prisoner, just like any other medical condition, without undue attention or notice - and the prisoner lives with the permanent results.

    The lawsuit is, of course thrown out; unless the judge's findings are substantiated.

    2dogs - Ask yourself this: what has your post in common with THR? foghornl and TallPine - I'm disgusted with your posts, being I am a post-op TS woman myself (even though I was born karotype 46).

  5. Ol' Badger

    Ol' Badger Well-Known Member

    OK. Now thats just wierd!
  6. TallPine

    TallPine Well-Known Member

    Come on, Trisha ... the guy is a murderer.

    If justice was done, it would be with a tall tree and a short rope.
  7. Seminole

    Seminole Well-Known Member

    My guess is that would be none too fun for old Mr. Brooks. If informed that this was part of his future, my guess is that he would drop the suit. :evil:
  8. bedlamite

    bedlamite Well-Known Member

    Wants a sex change? No problem.
    On the taxpayers dime? BIG problem.
    Have him pass the hat in the exercise yard.
  9. 2dogs

    2dogs Well-Known Member

    2dogs - Ask yourself this: what has your post in common with THR?


    Personally, I don't care if this guy wants to be turned into a toad.

    What I am sick and tired of, and what this has to do with THR, is that as a gun owner and citizen I am watching rights and freedoms flushed down the toilet while miscreants behind bars and people illegally in this country are afforded ever expanding chances to turn a great country into a stinking cesspool. This is being done with the cooperation of a judicial system that seems to have been infiltrated by enemies of the people, or possibly cancer cells masquerading as judges and lawyers.

    I don't give a rat's patoot what sex this creep thinks he is, or thinks he was, or thinks he'd like to be. He ought to be dead- or at least living with nothing but meals and a good book.

    There, now I'm WAY UP on the HIGHROAD, eh what?:uhoh: ;)
  10. 2dogs

    2dogs Well-Known Member

    Whoops, sorry- went off again:eek:

    "Honey, hand me those little blue pills, will ya?"
  11. mussi

    mussi Well-Known Member

    I suggest using glowing pliers to 'do' the sex change.

    Cheap, sterile and effective.
  12. rock jock

    rock jock Well-Known Member

    The state by law is obligated to afford medical treatment to save the life of prisoners, even if they are pond scum. This vile creature's demand is not necessary to prolong his life and therefore should be given the same consideration as liposuction or botox injections. OTOH, the state could always give him a private cell, a book on basic anatomy, and a rusty knife and let him do the job himself.
  13. Moparmike

    Moparmike Well-Known Member

    Me personally, a prompt "Go to Hell" (1) would be in order for this prison inmate.

    I am sick and tired of seeing prisoners get a better life than I have when I work for it. Outside of my parents house, I dont have a roof, bed, and food provided for me, nor do I dont have free television with premium channels and internet (I have heard about it being in prison). They dont want to go break stones for hours on end in 100 degree temps, fine. But dont give them privledges for breaking the law when law-abiding people are busting their @$$ for gas money and ramen in their one room apartment.

    1. Mods, replace a couple of letters with asterisks if warranted.
  14. Standing Wolf

    Standing Wolf Member in memoriam

    Hanging murderers would solve all manner of problems.

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